Search Results for "liberal approach"

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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 Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "liberal approach"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Recovery of Excess Pension Payments from Retired Employees. Recovery of excess payments made to retired employees due to administrative error is permissible under Rule 66(1)(b) of the Maharashtra Civil Services (Pension) Rules, 1982, as the employees had given an undertaking to refund any excess payments.

18 Jul 2023

The petitioners, 21 retired employees of the respondent bank, filed a writ petition challenging the recovery of excess pension payments made to them. ...

High Court

Bombay High Court Allows Petition of Federation Against Labour Court Order in Unfair Labour Practice Case — Workman Status Denied Due to Supervisory Role. Respondent's designation as Centre In-charge with supervisory duties excluded him from definition of 'workman' under Industrial Disputes Act, 1947.

6 Apr 2023

The case involves a writ petition filed by the Maharashtra Rajya Sahakari Kapus Utpadak Panan Mahasangh Maryadit (the Federation) challenging the orde...

High Court

Bombay High Court Upholds ESI Coverage for BCCI as 'Shop' Under ESI Act — Sports Body Engages in Systematic Commercial Activity. BCCI held to be a 'shop' under notification dated 18th September 1978 issued under Section 1(5) of the Employees' State Insurance Act, 1948, as it carries out systematic commercial activities including sale of tickets, broadcasting rights, and merchandise.

24 Jun 2022

The present appeal was filed by the Board of Control for Cricket in India (BCCI) against the judgment and order dated 9th September 2021 passed by the...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Return in Summary Suit — Friendly Loan Not a Commercial Transaction Under Commercial Courts Act, 2015. The court held that a suit for recovery of a friendly loan filed under Order 37 Rule 2 CPC is not a commercial suit under Section 2(c) of the Commercial Courts Act, 2015.

6 Dec 2021

The respondent (original plaintiff) filed a Commercial Summary Suit under Order 37 Rule 2 of the Code of Civil Procedure, 1908 (CPC) against the petit...

High Court

Bombay High Court Allows Recall of Witnesses in Murder Trial Under Section 311 CrPC When Legal Aid Counsel Failed to Adequately Cross-Examine Due to Lack of Instructions from Accused in Custody. The court set aside the Sessions Judge's order rejecting recall and permitted recall subject to payment of costs.

25 Jan 2021

The applicant, Jaideo s/o Jagdish Sajjal, was an accused in Sessions Trial 42 of 2020 before the Sessions Judge, Gadchiroli, charged with murdering hi...

High Court

Bombay High Court Dismisses Second Appeals in Property Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court held that no substantial question of law arose as the trial court and first appellate court had concurrently found that the suit property was joint family property and that the plaintiff had proved his share.

30 Dec 2020

The case involves four second appeals arising from a partition suit filed by the original plaintiff, Satchidanand S. S. Kacodkar (since deceased, repr...

High Court

Bombay High Court Allows Writ Petition Against Rejection of SVLDRS Declaration Without Hearing — Principles of Natural Justice Violated. The court held that rejection of a declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 without affording an opportunity of hearing is violative of natural justice.

27 Oct 2020

The petitioner, a partnership firm registered under the Partnership Act, 1932 and engaged in advertising and design services, was registered as a serv...

Supreme Court

Supreme Court Dismisses Appeal in Kerala Land Reforms Act Case — Quarrying Land Not Exempt as Commercial Site. Land used for quarrying does not fall within the definition of 'commercial site' under Section 2(5) read with Section 81(1)(q) of the Kerala Land Reforms Act, 1963, and is not exempt from ceiling provisions.

30 Sep 2019

The Supreme Court dismissed the appeals filed by K.H. Nazar against the judgment of the Full Bench of the Kerala High Court, which held that land used...

Supreme Court

Supreme Court Allows Appeal in Partition Suit: Time Spent in Order IX Rule 13 Proceedings Can Constitute Sufficient Cause for Condonation of Delay in Filing Appeal Under Section 96(2) CPC. The Court held that the right of appeal under Section 96(2) CPC is a statutory right and cannot be barred by dismissal of an application under Order IX Rule 13 CPC, and that time spent in pursuing such proceedings can be considered sufficient cause under Section 5 of the Limitation Act, 1908.

7 May 2019

The Supreme Court allowed the appeal filed by Bhivchandra Shankar More against the judgment of the Bombay High Court which had refused to condone the ...

High Court

Bombay High Court Dismisses Petitions Challenging POTA Sanction and Review Committee's Confirmation. Court upholds validity of sanction under Section 45 of POTA and affirms that POTA Review Committee has jurisdiction to confirm or revoke sanction under Section 60 of POTA.

17 Sep 2010

The petitioners, who were accused in a case involving offences under the Prevention of Terrorism Act, 2002 (POTA) and the Unlawful Activities (Prevent...

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