Search Results for "Appellate Side Rules"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "Appellate Side Rules"

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High Court

Bombay High Court Dismisses Wife's Challenge to Canonical Annulment of Marriage, Upholds Ecclesiastical Tribunal's Decision on Grounds of Grave Lack of Discretion of Judgment. Court holds that annulment under Canon Law based on 'grave lack of discretion of judgment' regarding essential matrimonial rights and duties is valid and not violative of natural justice if the party had opportunity to participate.

23 Mar 2021

The case involves a writ petition filed by Ms. Rosita Antoneita Regina Fernandes (the wife) challenging the annulment of her marriage to Mr. Jose Fern...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

High Court

Bombay High Court Allows Landlords' Revision in Eviction Suit, Remands for Fresh Consideration on Subletting and Bona Fide Need. Court holds that appellate court failed to properly consider evidence of subletting and that the tenant's claim of part performance under Section 53A of Transfer of Property Act, 1882 was not established.

15 Jul 2019

The applicants, original plaintiffs and landlords, filed an eviction suit against the sole defendant-tenant in the Court of Small Causes at Bombay. Th...

High Court

Bombay High Court Holds Appellate Authority Under Section 60 of Bombay Police Act Has Power to Grant Interim Relief in Externment Appeals. The Full Bench clarifies that the power to stay or suspend an externment order pending appeal is inherent in the appellate jurisdiction, subject to recording reasons and considering prima facie case.

14 Jun 2016

The case involved two writ petitions challenging externment orders under the Bombay Police Act, 1951. The learned Single Judge referred the issue of w...

High Court

Bombay High Court Dismisses Management's Challenge to Admission Cancellation by Pravesh Niyantran Samiti — Committee's Power to Cancel Admissions Upheld Under Maharashtra Unaided Private Professional Educational Institutions Act, 2003. The court held that the Admission Committee acted within its statutory authority and the management's participation in the process precluded it from challenging the committee's order.

25 Apr 2005

The judgment involves two writ petitions. The first petition (Writ Petition No.3212 of 2004) was filed by the management of Padmashri Dr. Vithalrao Vi...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Witness Testimony. Acquittal of Accused Nos.3 and 5 Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 147, 148, 302 read with 149 IPC and Section 135 Bombay Police Act.

18 Feb 2005

The State of Maharashtra appealed against the judgment and order dated 14.3.1988 passed by the II Additional Sessions Judge, Thane, acquitting all fiv...

High Court

High Court Adjudicates Writ Petitions Filed by Former Cooperative Bank Managers Against Orders Holding Them Liable for Financial Losses. Petitioners Contend Proceedings Violated Natural Justice and They Were Not 'Officers' Under Section 2(20) of the MCS Act.

17 Oct 2025

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High Court

Bombay High Court Upholds Validity of Section 24(6-A) CrPC Allowing Appointment of Private Advocates as Public Prosecutors in High Court — Provision Not Arbitrary or Discriminatory Against Government Prosecutors. The court held that the amendment does not violate Articles 14, 16, or 21 of the Constitution and that the State has the discretion to appoint any advocate for conducting cases in the High Court.

25 Jul 2017

The petitioners, the Maharashtra State Public Prosecutors Association and several individual Assistant/Additional Public Prosecutors working in the co...

High Court

Bombay High Court Dismisses Letters Patent Appeals Against Single Judge Order in Service Dispute, Holding Writ Petition Not Maintainable Due to Alternative Remedy Under M.E.P.S. Act. The court ruled that the availability of an efficacious alternative remedy under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 bars the writ jurisdiction.

17 Mar 2021

The case involves two Letters Patent Appeals arising from Writ Petition No.3253/2009 filed by Ku. Panchasheela Patil challenging the decision of the G...

High Court

Bombay High Court Holds That Deletion of Leave Requirement Under Section 378 CrPC Does Not Automatically Entitle Complainant to Admission of Appeal for Final Hearing. The Court Must Still Apply Its Mind to Merits Before Admitting Appeal.

8 Jul 2015

The judgment pertains to two criminal appeals filed by complainants against acquittal. The core legal issue was whether, after the amendment to Sectio...

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