Search Results for "statutory defences"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "statutory defences"

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High Court

High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Prove Driver's Lack of Valid License. Insurer liable to pay compensation as burden of proof under Section 149(2) of Motor Vehicles Act, 1988 not discharged.

13 Jun 2016

The case arises from a fatal motor accident that occurred on 30.11.1999 on Pune-Jejuri road, resulting in the death of Vinayak Laxman Katake. The clai...

High Court

Bombay High Court Restrains Facilitation Council from Proceeding Under Section 18(3) of MSMED Act Due to Existing Arbitration Agreement. Independent Arbitration Agreement Dated 23.09.2005 Precludes Council's Arbitration Jurisdiction Under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006.

14 Dec 2016

The petitioners, Namco Industries Private Limited and its director Namit Soni, filed a writ petition challenging the proceedings initiated by the Micr...

High Court

High Court Rejects Plaint in Money Recovery Suit - Applicant Application Under Order VII Rule 11(d) CPC Succeeds -Plaintiff' Suit Barred by Maharashtra Money Lending Act Due to Unlicensed Lending

21 Jan 2026

The High Court of Judicature at Bombay heard an interim application filed by the defendant under Order VII Rule 11(d) of the Code of Civil Procedure, ...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit. Plaint Discloses Cause of Action and Suit Not Barred by Limitation Under Article 54 of Limitation Act, 1963.

31 Jan 2026

The case involves an interim application filed by the defendants in a commercial suit for specific performance. The plaintiff, Rajdhani Textiles Pvt. ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, without specific allegations that they were in charge of and responsible for the conduct of the business at the time the offence was committed.

6 Oct 2023

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C.C. No. ...

High Court

KAHC020110942015_1

13 Dec 2023

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High Court

Gujarat High Court Dismisses Second Appeal in Land Possession Dispute, Upholding Concurrent Findings of Ownership and Possession in Favor of Paschim Gujarat Vij Company Ltd. The Court Held That the Defendant Failed to Prove Adverse Possession and That the Suit for Possession Without Declaration Was Maintainable Under Section 6 of the Specific Relief Act, 1963.

19 Feb 2026

The appellant, Bhavesh Jivraj Solanki, was the defendant in a suit filed by Paschim Gujarat Vij Company Ltd. (PGVCL) for recovery of possession of lan...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Tribunal's Erroneous Finding on Negligence — Claimant Injured by S.T. Bus While Standing on Platform. The Tribunal's dismissal of the claim petition was set aside as it drew unwarranted inferences from evidence and ignored the claimant's specific averments of rash and negligent driving under Section 166 of the Motor Vehicles Act, 1988.

16 Feb 2026

The appellant, Bhanuchandra Manilal Shah, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award d...

High Court

Gujarat High Court Allows School's Petition Challenging Tribunal Order Setting Aside Teacher's Termination for Sending Anonymous Defamatory Emails. The court held that the teacher's act of sending anonymous emails containing defamatory allegations against the school principal and vice-principal constituted misconduct under Section 36 of the Gujarat Secondary Education Act, 1972, and the termination was valid and proportionate.

20 Mar 2026

The case involves two petitions: one by the Ahmedabad Jesuit School Society challenging the order of the Gujarat Educational Institutions Services Tri...

High Court

Gujarat High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim — Deceased Was Driving Motorcycle When Hit by Truck; Court Applies Multiplier of 14 and Adds 25% Future Prospects. The Court held that the Tribunal erred in applying multiplier of 13 instead of 14 and in not adding future prospects, enhancing compensation from Rs.3,53,200/- to Rs.7,02,400/- under Section 166 of the Motor Vehicles Act, 1988.

27 Mar 2026

The present appeal was filed by the original claimants under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the judgment and award dated 19...

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