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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High Court

Bombay High Court Quashes Criminal Proceedings for Violation of Election Code of Conduct Under Section 188 IPC — Lack of Sanction Under Section 195 CrPC Renders Prosecution Unsustainable. The court held that without a complaint by the public servant who issued the order, the prosecution under Section 188 IPC cannot be sustained.

10 Nov 2023

The applicant, Swaraj @ Raj Shrikant Thackeray, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing...

High Court

Bombay High Court Allows Appeal Against Interim Injunction in Copyright Groundless Threat Suit — Restrains Defendant from Publishing Defamatory Statements Alleging Copyright Infringement. Court holds that Section 60 of Copyright Act, 1957 provides a remedy against groundless threats and that an interim injunction can be granted to restrain such threats pending trial.

13 Dec 2023

The appeal arises from an order dated 21 February 2023 passed by the learned District Judge in Civil Suit No.19 of 2022, whereby the trial court grant...

High Court

High Court of Bombay Quashes Permanent Lok Adalat Award in Electricity Theft Case — MSEDCL Not Obliged to Issue Regular Bills Pending Criminal Proceedings Under Section 135 of Electricity Act, 2003. Permanent Lok Adalat lacks jurisdiction to adjudicate disputes involving criminal offences like theft of electricity under Section 22(C) of Legal Services Authorities Act, 1987.

14 Jan 2022

The Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) challenged an award passed by the Permanent Lok Adalat, Aurangabad, in Pre-litiga...

High Court

Bombay High Court Dismisses Petition Challenging Fresh Tender for PMC Contract for Versova-Bandra Sea Link Project. Contract Expired by Efflux of Time and No Automatic Renewal Clause Existed, Hence MSRDC's Decision to Float Fresh Tender Upheld.

8 Feb 2023

The petitioner, Louis Beger SAS, a French company with its Asia office in Haryana, was appointed as Project Management Consultant (PMC) by the respond...

High Court

Bombay High Court Upholds Life Conviction for Murder of Pregnant Wife in Dowry-Related Killing. Dying Declaration and Circumstantial Evidence Sufficient to Sustain Conviction Under Section 302 IPC, But Conviction Under Section 316 IPC Set Aside for Lack of Proof of Quickening.

27 Sep 2022

The appellant, Sudarshan Narayan Mengade, was convicted by the Sessions Court, Pune for the murder of his wife Sheetal and for causing the death of he...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration. Conviction under Section 302 IPC for setting wife ablaze set aside as dying declaration was not recorded in exact words of deceased and lacked doctor's certification.

8 Sep 2022

The appellant, Dashrath Arun Sasane, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of his wife, Sharmila, by set...

High Court

Bombay High Court Acquits Accused in Triple Murder Case Due to Lack of Circumstantial Evidence — Conviction Based on Suspicion and Conjecture Set Aside. The court held that the prosecution failed to establish a complete chain of circumstances excluding every hypothesis of innocence, and that suspicion cannot replace proof beyond reasonable doubt under Sections 302 and 201 of the Indian Penal Code, 1860.

6 Sep 2022

The appellant, Sheshmani Magdum Pal, was convicted by the Additional Sessions Judge, Nashik, for the murder of his wife Sangita and their two minor so...

High Court

Bombay High Court Upholds Injunction in Adverse Possession Suit — Prima Facie Case and Balance of Convenience in Favor of Plaintiffs. Trial Court's Order Restraining Defendants from Entering Suit Property Maintained as Plaintiffs Established Long-Standing Possession and Serious Triable Issues.

25 Jan 2021

The case arises from an appeal filed by the defendants (Suruna Bothra Associates & Others) against an order dated 4th December 2020 passed by the Civi...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Cruelty and Abetment of Suicide Case. Demand to Stop Taking Rent Not Cruelty Under Section 498A IPC; Dying Declaration Unreliable.

22 Jan 2021

The State of Maharashtra appealed against the acquittal of Eknath Rajaram Pawar, Anita Eknath Pawar, and Nandkumar Eknath Pawar (respondents/accused) ...

High Court

Bombay High Court Acquits Accused in Grievous Hurt Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Section 326 read with 34 IPC set aside as prosecution failed to prove common intention and identity of assailants beyond reasonable doubt.

4 Feb 2021

The case pertains to an incident on 11.05.2005 at around 12.30 am, where the appellants, Pravin Deorao Oimbe and Yashwant Ganesh Kaside, were accused ...

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