Search Results for "exparte proceedings"

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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...
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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "exparte proceedings"

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High Court

Bombay High Court Partly Allows Appeal for Enhanced Compensation in Motor Accident Claim — Apportionment of Negligence Between Driver and Owner Upheld. Claimants awarded enhanced compensation for death of breadwinner under Motor Vehicles Act, 1988.

2 Jul 2019

The case arises from a motor accident claim filed by the legal heirs of the deceased Jaising Babu Jadhav, who died in a road accident on 20.12.2015. T...

High Court

Bombay High Court Vacates Arrest of Vessel GEOWAVE COMMANDER for Lack of Ownership Link — Plaintiff's Claim Against Charterer Does Not Justify Arrest of Vessel Owned by Third Party. The court held that the plaintiff's misleading statements regarding ownership of the vessel vitiated the ex parte arrest order, and the vessel could not be arrested for a claim against a bareboat charterer when the owner was a different entity.

17 Apr 2013

The plaintiff, Yusuf Abdul Gani, sole proprietor of Jumbo Offshore Enterprises, filed an admiralty suit against the vessel GEOWAVE COMMANDER (GC) seek...

High Court

Bombay High Court Dismisses Petition Challenging Interim Maintenance Under DV Act — Procedural Lapses Not Fatal in Beneficial Legislation. The court held that the Protection of Women from Domestic Violence Act, 2005 being a beneficial legislation, its provisions cannot be strictly construed, and interim maintenance can be granted even if the application is not in prescribed form.

4 Apr 2013

The petitioners, including the husband and his relatives, challenged an order dated 21st October 2010 passed by the 5th Judicial Magistrate, First Cla...

High Court

Bombay High Court Quashes Remand Order in Co-operative Loan Recovery Case — Borrower's Admission of Liability Precludes Reopening of Accounts. Co-operative Appellate Court Exceeded Jurisdiction by Setting Aside Consent Decree Based on Borrower's Own Default in Payment.

6 Dec 2012

The petitioner, Yashomandir Sahakari Patpedhi Maryadit, a co-operative society, filed a dispute under Section 91 of the Maharashtra Co-operative Socie...

High Court

Bombay High Court Allows Petitions Challenging Court Fees in Suits for Declaration and Injunction — Section 6(iv)(j) of Bombay Court Fees Act, 1959 Applicable Instead of Section 6(v). The Court held that suits for declaration and injunction simpliciter, without seeking possession, require court fees under Section 6(iv)(j) based on market value, not fixed fee under Section 6(v).

5 Oct 2012

The case involves a group of 31 writ petitions filed by M/s. Indrapuram Resort Apartments, a partnership firm, challenging the court fee valuation in ...

High Court

Bombay High Court Dismisses Grandfather's Petition Challenging Custody Order — Father Entitled to Custody as Natural Guardian Under Section 6 of Hindu Minority and Guardianship Act, 1956. The court upheld the lower court's order directing handover of minor child to father, rejecting grandfather's claim based on suspicion of daughter's death.

18 Jul 2012

The petitioner, Bhagwan Haribhau Rathod, filed a writ petition challenging the judgment and order dated 8.8.2009 passed by the learned District Judge-...

High Court

Bombay High Court Dismisses Management's Challenge to School Tribunal's Reinstatement Order. The Court held that the management failed to show any perversity in the Tribunal's order directing reinstatement of terminated teachers under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

6 Jul 2012

The case involves three writ petitions filed by the Chairman and Head Master of Shad Adam Shaikh Trust and its school challenging a common order dated...

High Court

Bombay High Court Dismisses Writ Petition Challenging Restoration Order in Eviction Case — Petitioner Failed to Show Sufficient Cause for Absence. The Court upheld the City Civil Court's finding that the petitioner and his advocate were consistently absent without sufficient cause, and no documentary evidence of illness was produced.

20 Oct 2011

The petitioner, M.N. Ranade, occupied premises owned by Bank of Maharashtra. The Estate Officer under the Public Premises (Eviction of Unauthorized Oc...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit for Default Due to Non-Prosecution. Suit Dismissed for Want of Prosecution as Plaintiff Failed to Appear Despite Multiple Adjournments.

8 Jun 2011

The appellant, Sports Field Construction, a partnership firm, filed L.C. Suit No. 1407 of 1994 against the respondents, including the Bombay Municipal...

High Court

Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

27 Oct 2010

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

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