Search Results for "Triable issues"

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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 Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Triable issues"

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Supreme Court

Supreme Court Upholds Conviction Under Section 304 Part II IPC in Family Dispute Knife Attack — Sentence of Five Years for Main Accused Maintained. The court held that the High Court correctly altered conviction from Part I to Part II as the incident arose from a sudden quarrel without premeditation, and the sentence was proportionate.

9 Sep 2024

The case arises from a family dispute on 07.11.2000 in Godhra, Gujarat. Onejaben, daughter of Asgarali Onali Lokhandwala (A1) and wife of Abbasbhai, h...

Supreme Court

Supreme Court Allows Bail in Elgar Parishad Case: High Court Erred in Remanding Bail Application Without Considering Merits Despite Supplementary Chargesheet. The Court held that the High Court must consider the entire material, including supplementary chargesheet, while exercising its bail jurisdiction under Section 439 CrPC, and the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 requires a prima facie assessment of the accusation.

15 Apr 2024

The appellant, Shoma Kanti Sen, was arrested on 06.06.2018 in connection with FIR No. 04/2018 registered at Vishrambaug Police Station, Pune, alleging...

High Court

Bombay High Court Quashes Interception Orders in CBI Corruption Case for Lack of Reasons and Public Emergency. Orders under Section 5(2) of Indian Telegraph Act, 1885 set aside as they merely recited statutory language without recording cogent reasons demonstrating public safety or public emergency.

6 Sep 2024

The petitioner, Shyamalendu Kumar Das, a Deputy Chief Labour Commissioner (Central), challenged two orders dated 9 March 2018 and 17 March 2018 passed...

High Court

Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

19 Sep 2024

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...

High Court

Bombay High Court Quashes Conviction in Cheque Bounce Case Due to Delayed Notice Beyond 30 Days Under Section 138 NI Act. Notice Posted on 31st Day from Bank Intimation Fails to Meet Mandatory Requirement of 'Giving Notice' Within 30 Days.

1 Oct 2024

The case involves a criminal revision application filed by the accused, Shivnath Suryoba Gaonkar, challenging his conviction under Section 138 of the ...

High Court

Bombay High Court Commutes Death Sentence to Life Imprisonment in Murder by Burning Case. Conviction Under Sections 302, 307 IPC Upheld but Death Penalty Not Warranted Due to Mental Instability and Provocation.

10 Oct 2024

The case arises from an incident on 14th April 2017, when the accused, Deepak Birbahadur Jath, poured petrol on Amravati (deceased) and set her on fir...

High Court

Bombay High Court Dismisses Revision Application in Easementary Right of Way Dispute Involving Waqf Property. Civil Court Retains Jurisdiction Over Declaration of Easementary Rights as Dispute Does Not Relate to Waqf Property or Rights Therein.

25 Oct 2024

The case involves a Civil Revision Application filed by the Kausa Jama Masjid Trust (Defendant-Trust) challenging an order of the Trial Court rejectin...

High Court

Bombay High Court Dismisses Revision and Writ Petition in Lease Dispute — Possession Rights Determined by Eviction Order Under Maharashtra Rent Control Act. The court upheld the eviction of the licensee and vacated the temporary injunction, finding the alleged lease deed unregistered and not credible.

17 Oct 2024

The case involves a dispute over possession of a flat in Mumbai. The Revision Applicant, Ganesh Arjun Chukkal, is a director of Brice Infrastructure &...

High Court

Bombay High Court Quashes LAO's Apportionment Order in Highway Acquisition — Directs Reference to Civil Court Under Section 19C(4) of Maharashtra Highways Act, 1955. Dispute over compensation apportionment between partnership firm and its individual partners requires adjudication by civil court, not LAO.

18 Feb 2025

The petitioners, Pravin Girish Chamaria and Nishit Bechar Patel, along with respondents 4 and 5 (Dilip Prabhakar Kudalkar and Jagdish Shashikumar Raje...

High Court

Bombay High Court Upholds Conviction of Army Officer in POCSO Case. Judicial Review under Article 226 Limited to Jurisdictional Error; No Re-appreciation of Evidence.

17 Feb 2025

The petitioner, a retired Lieutenant Colonel in the Indian Army, was convicted by a General Court Martial (GCM) under Section 69 of the Army Act, 1950...

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