Search Results for "procedural deficiency"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "procedural deficiency"

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Supreme Court

Supreme Court Allows Appeals of Legal Heirs of Deceased Doctor in Medical Negligence Case — Revision Petition Abates on Death of Doctor. Right to Sue for Medical Negligence Does Not Survive Against Legal Heirs Under Section 306 of Indian Succession Act, 1925 as Personal Injury Action Extinguishes with Death of Alleged Tortfeasor.

4 May 2026

The case arose from a medical negligence complaint filed in 1997 against Deceased, alleging deficiency in service for an eye operation performed in 19...

Supreme Court

Supreme Court Allows Appeal in Medical Negligence Case — Quashes Criminal Proceedings Due to Lack of Proximate Causal Link Between Doctor's Act and Patient's Death. Section 304A IPC requires direct causation; mere delay in attending to patient after surgery does not constitute rash or negligent act amounting to culpable homicide not amounting to murder.

1 Jan 2026

The appellant, Dr. Supriya Kumari, a senior anaesthetist at Dhanalakshmi Hospital, Kannur, was charged under Section 304A of the Indian Penal Code (IP...

Supreme Court

Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

9 Apr 2025

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Procedural Lapses and Lack of Incriminating Evidence. Court held that non-compliance with Section 52A of NDPS Act and absence of contraband recovery from accused Nos. 4, 5, and 6 entitled them to bail.

4 Mar 2025

The Bombay High Court heard four bail applications arising from the same crime under the NDPS Act. The applicants were accused of involvement in a dru...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Refund Claim Under CGST Act — Petitioner Entitled to Refund of Excess Tax Paid Due to Inadvertent Double Filing of GST Returns. The court held that the rejection of the refund claim by the appellate authority was unsustainable and directed the respondents to process the refund within eight weeks, subject to verification of no unjust enrichment.

20 Feb 2024

The petitioner, an individual, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 28 December 2022 passed...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. The court upheld the trial and appellate courts' decisions that the plaintiffs were co-owners of the suit property and that the sale deed executed by the defendants was void for lack of consideration and non-compliance with legal requirements.

3 Mar 2020

The case involves a second appeal filed by the appellants (defendants 15 and 16 in the original suit) against the judgment and decree of the first app...

Supreme Court

Supreme Court Directs Expert Appraisal Committee to Revisit Environmental Clearance for Greenfield Airport at Mopa, Goa, Balancing Development and Biodiversity Concerns in Western Ghats. The Court suspends the environmental clearance pending fresh appraisal by the EAC, emphasizing the need to preserve forests, ecologically sensitive areas, and water channels.

23 Apr 2019

The Supreme Court of India was hearing a Miscellaneous Application filed by the Union of India, Ministry of Environment, Forests and Climate Change (M...

Supreme Court

Supreme Court Upholds Refund to Flat Purchaser for Inordinate Delay in Possession — Builder's Unfair Contract Terms Not Binding. Builder's failure to apply for occupancy certificate within stipulated time constitutes deficiency of service; one-sided clauses in Apartment Buyer's Agreement are unfair and not binding under Consumer Protection Act, 1986.

2 Apr 2019

The Supreme Court dismissed appeals filed by Pioneer Urban Land & Infrastructure Ltd. against orders of the National Consumer Disputes Redressal Commi...

High Court

Bombay High Court Allows Writ Petitions Challenging Rejection of LPG Distributorship Applications Due to Technical Lease Defect — Correction Deed Validates Compliance with Eligibility Criteria. The court held that a correction deed executed to rectify the lease commencement date should be considered and the rejection was arbitrary.

11 Dec 2014

The judgment concerns two writ petitions filed by Vilas Rambhau Chaudhari and Ramakant Dattu Magar challenging the rejection of their applications for...

High Court

Bombay High Court Allows Appeal in Specific Performance Case — Agreement for Sale Not Proved as Plaintiff Failed to Establish Execution and Attestation of Document. Court holds that mere production of a photocopy of an agreement is insufficient to prove its execution when the original is not produced and attesting witnesses are not examined.

5 Jul 2011

The appellant, original defendant, challenged the judgment and decree of the 2nd Joint Civil Judge, Senior Division, Aurangabad in Special Civil Suit ...

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