Search Results for "Precedence"

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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...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Precedence"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Transfer Order in Electricity Company — Transfer Held to be Administrative Necessity Not Punitive. Petitioner's Allegation of Malafides and Violation of Transfer Policy Not Established as Transfer Was to Same Cadre and Location.

30 Nov -0001

The petitioner, Jitendra Dayaldas Fulwani, was an employee of Maharashtra State Electricity Transmission Company Ltd. (MSETCL) working as a Junior Eng...

High Court

Madras High Court Quashes Tax Demand Against Auction Purchaser in TNVAT Recovery Case — Priority of Crown Debt Over Mortgagee's Right. The court held that a bona fide auction purchaser who buys property through a mortgagee's sale under Section 69 of the Transfer of Property Act, 1882 takes the property free of all encumbrances, including subsequent tax demands under Section 24 of the Tamil Nadu Value Added Tax Act, 2006.

21 Jan 2025

The petitioner, D.K. Sadasivam, was the successful purchaser of a property (S.Nos. 7/10, 7/11 and 13/1 in Sigarahalli Village, Pennagaram Taluk, Dharm...

High Court

Madras High Court Allows EPFO's Writ Petition Challenging EPF Appellate Tribunal Order for Lack of Jurisdiction and Erroneous Application of Mens Rea. The Tribunal's order quashed as it entertained a time-barred appeal without condonation of delay and wrongly applied criminal law concepts to civil damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

2 Jan 2025

The case involves a writ petition filed by the Employees Provident Fund Organization (EPFO) challenging an order of the Employees Provident Fund Appel...

Supreme Court

Supreme Court Allows Compensation Claim for Deceased Passenger in Railways Act Case — Bona Fide Passenger Status Established Despite Missing Ticket. The Court held that circumstantial evidence, including police inquest report and witness testimony, can prove passenger status under Section 124A of the Railways Act, 1989.

1 Jan 2026

The appellant, Lata, wife of the deceased Chandrakant Thakkar, filed a claim for compensation under the Railways Act, 1989 after her husband fell from...

High Court

Bombay High Court Grants Bail to NDPS Accused for Violation of Article 22(1) — Grounds of Arrest Not Communicated in Language Understood by Accused. The court held that communicating grounds of arrest in Marathi to a resident of Orissa who does not understand Marathi violates Article 22(1) of the Constitution, entitling the accused to bail.

24 Jun 2026

The applicant, Shibraj (Shivraj) @ Rahul S/o Rankadhar Mallik, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985...

High Court

High Court of Karnataka Quashes Parallel Criminal Proceedings in Cheque Dishonour Case — Abuse of Process of Law. Filing of two separate complaints under Section 138 of Negotiable Instruments Act, 1881 and Section 420 IPC for same transaction constitutes abuse of process, warranting quashing under Section 482 CrPC.

1 Feb 2019

The petitioner, Mr. Hiremani Kallappa Melage, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of t...

High Court

High Court of Karnataka Acquits Accused in Dowry Death Case Due to Lack of Evidence of Demand for Dowry Soon Before Death. Prosecution failed to establish that the deceased was subjected to cruelty or harassment in connection with dowry demand shortly before her death, essential for conviction under Section 304-B IPC.

16 Dec 2016

The case pertains to a criminal appeal against the conviction of four appellants (husband, father-in-law, mother-in-law, and brother-in-law of the dec...

High Court

Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam Case — Appellant Failed to Prove Legitimate Source of Funds. Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 (MPID Act) applied to attach property purchased with proceeds of crime.

22 Jul 2026

The appellant, Seema Sharma, filed a criminal appeal against the order of the Special Court under the MPID Act, which confirmed the attachment of her ...

High Court

High Court of Karnataka Upholds Conditional Leave to Defend in Summary Suit Under Order 37 CPC — Deposit of 50% of Suit Claim with Interest Upheld as Reasonable Condition. Court holds that while granting leave to defend, the trial court must balance the interests of both parties and can impose conditions to secure the plaintiff's claim, but such conditions must not be arbitrary or excessive.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

High Court of Karnataka Partly Allows Defendant's Petition and Dismisses Plaintiff's Revision in Summary Suit — Conditional Leave to Defend Upheld but Deposit Reduced. Court held that while the trial court had discretion to impose conditions under Order 37 Rule 3(5) CPC, the condition of depositing 50% of the suit claim was disproportionate and reduced it to 25%.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

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