Search Results for "hyper-technical approach"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "hyper-technical approach"

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Supreme Court

Supreme Court Upholds Conviction for Murder and Abduction in Saravana Bhavan Case — Motive of Accused No.1 to Eliminate Husband for Marriage with PW1 Proved Beyond Reasonable Doubt. Circumstantial evidence including last seen and recovery of dead body based on confession established guilt under Sections 302, 364, 201 IPC.

29 Mar 2019

The case involves the abduction and murder of Santhakumar, husband of PW1 (Jeevajothi), by Accused No.1 (proprietor of Saravana Bhavan hotels) and his...

Supreme Court

Supreme Court Dismisses Application for Juvenile Status Determination in Death Penalty Case Due to Inconsistent Evidence and Procedural Delays. Applicant Failed to Prove Juvenility Under Section 9(2) of Juvenile Justice (Care and Protection of Children) Act, 2015, with Discrepancies in Name and Age Documents and Belated Claim After Conviction Confirmation.

27 Mar 2023

The case involved an application under Section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, filed by a convict sentenced ...

High Court

Bombay High Court Quashes FIR in Commercial Dispute Involving Dishonour of Cheques and Allegations of Cheating. Court holds that disputes arising from a commercial transaction for supply of goods, where cheques were given as security and subsequently misused, are primarily of a civil nature and do not constitute criminal offences under Sections 406, 409, 418, 420, 465, 467, 468, 471, 474 read with Section 120B of the IPC.

3 Apr 2018

The petitioners, Hasmukh Tarachand Sheth and others, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking...

High Court

Bombay High Court Allows Condonation of Delay in Filing Appeal Against Acquittal in Dowry Death Case — Liberal Approach to Limitation for Complainant. Delay of 38 days condoned as sufficient cause shown by complainant, rejecting hypertechnical approach of Sessions Judge under Section 5 of Limitation Act, 1963.

17 Oct 2012

The petitioner, Vrandawani Dalvi, the mother of the deceased Jayshree, filed a criminal writ petition under Articles 226 and 227 of the Constitution o...

High Court

Bombay High Court Allows Amendment of Plaint in Passing Off Suit Under Order 6 Rule 17 CPC — Assignment of Trade Mark to Third Party Constitutes Subsequent Event Justifying Impleadment and Amendment. The court held that amendment is necessary for effective adjudication and does not change the nature of the suit.

2 Feb 2005

The plaintiff, Rasiklal Manikchand Dhariwal, Karta of M/s. R.M. Dhariwal (HUF) and others, filed a suit (Suit No. 574 of 2004) against Kishore Washwan...

Supreme Court

Supreme Court Dismisses Appeals in Company Law Dispute Over Maintainability of Oppression and Mismanagement Petition. Nomination Under Section 72 of Companies Act, 2013 Vests Rights in Nominee, Excluding Legal Heirs from Claiming Shares for Petition Maintainability Under Sections 241 and 242.

6 Jul 2020

The dispute arose from a family tussle following the death of Mr. Abhey Kumar Oswal, who held significant shares in Oswal Agro Mills Ltd. and Oswal Gr...

Supreme Court

Supreme Court Upholds Conviction of Public Servant in Bribery Case Under Prevention of Corruption Act — Demand and Acceptance of Bribe Proved Beyond Reasonable Doubt Despite Minor Contradictions in Witness Testimony. The court held that minor discrepancies in the testimonies of complainant and panch witness regarding the place of payment and hand-wash do not vitiate the conviction when the core evidence of demand, acceptance, and recovery is consistent.

27 Nov 2019

The appellant, Vinod Kumar Garg, a public servant working with the Delhi Electric Supply Undertaking (DESU), was convicted under Sections 7 and 13 of ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Labour Court's Rejection of Reinstatement Claim Due to Lack of Proof of Continuous Service and Inordinate Delay. Petitioner failed to establish 240 days of work and raised industrial dispute after 14 years, disentitling him to relief under Industrial Disputes Act, 1947.

8 Jun 2015

The petitioner, Shaikh Sabir Lad Mohammad, filed a writ petition challenging the judgment and award of the Labour Court dated 01/04/2010 in Reference ...

High Court

Bombay High Court Allows Writ Petition of Company in LTU Coverage Dispute — Three Manufacturing Units and One Trading Unit Held Covered Under Large Tax Payer Unit Scheme. Court Interprets Notification 20/2006-CE(NT) to Include All Units of a Company Once Opted for LTU, Rejecting Revenue's Restrictive Interpretation.

17 Feb 2011

The petitioner, Sharda Motor Industries Ltd., a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the Con...

High Court

Bombay High Court Dismisses Petition Challenging Cancellation of Admission in B.Ed. Course Due to Lack of Approval for Distance Mode. University's decision to cancel admission upheld as petitioner failed to verify that the course was offered through distance mode with proper approval from UGC and NCTE.

30 Nov -0001

The petitioner, Mirza Ashraf Baig, a primary teacher, was admitted to the B.Ed. course through distance mode offered by Maulana Azad National Urdu Uni...

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