Search Results for "Rule 137"

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Bombay High Court Adjudicates Criminal Appeals in Murder Case Under Section 302 IPC, Examining Circumstantial Evidence and Procedural Irregularities. Appellants Challenge Reliability of Recovery and Chain of Custody, Arguing Investigation Delays Vitiate Conviction.

The case arose from a violent incident on 19.1.2011 in Timki Mochipura, Nagpur, where Dinesh Shendekar was killed and his brother Deva and another per...

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Conviction Under Indian Penal Code and Protection of Children from Sexual Offences Act Upheld – DNA Evidence Confirmed Biological Parentage

Conviction and Sentence Confirmed – Consent Obtained Under Misconception of Fact – Victim Below Eighteen Years of Age (a) Consent of Minor Irrele...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Bombay High Court Dismisses Writ Petition by Court Officers Seeking Parity in Pension and Retirement Benefits with Higher Judicial Officers. Classification of employees into Class I and Class II based on duties and responsibilities is valid and not discriminatory under Articles 14 and 16 of the Constitution.

The petitioners, fifteen officers of the High Court of Bombay holding positions such as Registrar, Prothonotary, Commissioner for Taking Accounts, Add...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Execution Application for Arbitral Award on Limitation Grounds. Execution of Arbitral Award is Governed by Article 137 of Limitation Act, 1963, Not Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Mahindra & Mahindra Financial Services Ltd., had granted a loan of Rs.3,95,000 to respondent No.1 for purchasing a tractor, with respo...

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Bombay High Court Dismisses Writ Petitions of Employees Challenging Termination by Medical Trust. Private Trust Not 'State' Under Article 12; No Violation of Natural Justice Found in Disciplinary Proceedings.

The petitioners, employees of Pravara Medical Trust, a private trust running a medical college and hospital, were terminated from service after discip...

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Gujarat High Court Upholds Conviction of Accused in Factional Riot Murder Case — Acquittals Set Aside. Common Intention Under Section 149 IPC Applied to Convict All Members of Unlawful Assembly for Murder and Attempt to Murder.

The case arises from a violent incident on 13.06.2014 at Nava Borbhatha, Ankleshwar, where a group of accused persons, armed with deadly weapons, atta...

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Gujarat High Court Allows Petition Challenging Demolition of Residential Structures Without Notice Under Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 2012. Demolition Without Prior Notice and Hearing Violates Principles of Natural Justice and Article 300A of the Constitution.

The petitioners, Kureshi Irfanbhai Mohammadsharifbhai and others, filed a Special Civil Application under Article 226 of the Constitution of India bef...