Search Results for "1925"

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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 "1925"

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High Court

Bombay High Court Dismisses Husband's Divorce Appeal and Allows Wife's Restitution Appeal in Hindu Marriage Act Case — Mental Cruelty and Epilepsy Not Proven as Grounds for Divorce. The court held that allegations of cruelty and mental disorder must be proved by independent evidence, and epilepsy without unsound mind is not a ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955.

26 Sep 2023

The case involves two cross-petitions between Harish @ Roshan Bhaskar Karnewar (husband) and Leelavati @ Reena Karnewar (wife). The husband filed Peti...

High Court

Bombay High Court Allows Revision in Succession Case — Marriage of Deceased with Applicant No.1 Proved Valid, Entitling Her and Daughter to Succession Certificate. Court holds that presumption of marriage under Section 114 of Indian Evidence Act, 1872 applies when long cohabitation and public recognition are established, and that the Succession Court cannot decide title but only grant certificate to the person entitled.

3 Oct 2023

The applicants, Smt. Aruna Gautam Kamble and her minor daughter Sneha, filed a Miscellaneous Application under Section 372 of the Indian Succession Ac...

High Court

Bombay High Court Allows Mutation and Subdivision of Land Based on Registered Conveyance Deeds - Revenue Authorities Cannot Refuse Mutation on Grounds of Title Disputes Without Adjudication by Competent Court. The Court held that mutation of revenue records does not confer title and that Revenue Authorities must act on the basis of registered documents.

11 Oct 2023

The Petitioner, Subhash Amolakchand Gandhi, purchased land bearing Plot No. 6A via a registered deed of conveyance dated 23 October 1997 from the admi...

High Court

Bombay High Court Allows Writ Petition Seeking Release of Enhanced Compensation Under National Highways Act, 1956 — Competent Authority Cannot Insist on Succession Certificate for Payment of Enhanced Compensation Awarded Under Section 3G of the National Highways Act, 1956, as the Act is a Complete Code and the Award Determines Entitlement.

13 Oct 2023

The petitioners, five individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondent...

High Court

Bombay High Court Quashes Caste Scrutiny Committee Order Invalidating Scheduled Caste Certificate for Minor Student — Failure to Consider Pre-Constitutional Documents and Affidavit of Relatives Constitutes Violation of Principles of Natural Justice. The Court held that the Committee must consider all relevant evidence, including pre-constitutional documents and affidavits, before invalidating a caste claim under the Constitution (Scheduled Castes) Order, 1950.

10 Oct 2023

The petitioner, Ku. Parvi Ashish Chakravarti, a minor aged 17 years, through her father and legal guardian, filed a writ petition before the Bombay Hi...

High Court

Bombay High Court Allows Family Pension to Second Wife in Absence of Valid Divorce or Proof of First Marriage Subsisting at Time of Second Marriage — Presumption of Marriage Under Section 114 of Indian Evidence Act, 1872 Applied. The court held that long cohabitation raises a presumption of marriage, and the burden to rebut it lies on the state, which was not discharged.

16 Feb 2022

The petitioner, Smt. Shamal Mahadeo Tate, filed a writ petition before the Bombay High Court seeking family pension as the second wife of the deceased...

High Court

Bombay High Court Allows Petition of Nominated Councillor Challenging Disqualification Under Section 10(1E) of Maharashtra Municipal Corporation Act, 1949. Nominated Councillor Not Subject to Disqualification for Failure to Submit Election Expenses as They Do Not Contest Elections.

4 May 2022

The case involves a reference made by a learned Single Judge of the Bombay High Court to a Division Bench to resolve a conflict regarding the applicab...

High Court

Bombay High Court Allows Works Contractor's Petition Challenging MVAT Assessment on Offshore Platform — Transfer of Property Occurred Outside State of Maharashtra. The court held that the State of Maharashtra lacks jurisdiction to levy tax under the MVAT Act on goods transferred in execution of a works contract on an offshore platform located in the exclusive economic zone, as the transfer of property took place outside the State.

15 Jun 2022

The petitioner, HAL Offshore Ltd., a public limited company and works contractor, challenged an assessment order passed under the Maharashtra Value Ad...

High Court

Bombay High Court Holds Section 143-A of Negotiable Instruments Act Directory — Interim Compensation Requires Recording of Reasons. Court clarifies that Section 143-A is not mandatory and reasons must be recorded for quantum under Section 143-A(2).

7 Jul 2022

The judgment arises from two criminal writ petitions filed by Ashwin Ashokrao Karokar (accused) against Laxmikant Govind Joshi (complainant) under the...

High Court

Bombay High Court Allows Landlord's Appeal in Part, Holds Revision Under Section 34(4) of Maharashtra Rent Control Act, 1999 Maintainable Against Order Under Section 29(2). The court ruled that an order dismissing a tenant's application for restoration of electricity supply is a 'decree' under the Act, making revision maintainable.

12 Aug 2022

The appellant, Nirmal Ujwal Credit Co-operative Society Limited, is the owner of premises occupied by respondent No.1, Narendra Mohanlal Choudhary, as...

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