Search Results for "Article 58(2)"

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Case Under Section 304-A IPC. FIR and charge-sheet quashed as no expert opinion obtained to establish medical negligence.

The applicant, Dr. Pramod Yashwantrao Gurjar, an Obstetric and Gynecology Surgeon, performed a cesarean surgery on Smt. Kanchan Atul Kulkarni on 06.03...

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Supreme Court Restrains West Bengal Police from Obstructing CBFC-Certified Film Exhibition. State Cannot Act as Super-Censor Over Films Certified Under Cinematograph Act, 1952.

The petitioners, Indibily Creative Pvt Ltd and its directors, produced a Bengali feature film titled 'Bhobishyoter Bhoot' (meaning 'future ghosts'), a...

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

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Bombay High Court Dismisses Petition Challenging Cancellation of Tender Award for Non-Submission of Performance Bank Guarantee. Tender Conditions Requiring Strict Compliance with Time Limits for Furnishing Bank Guarantee and Letter of Acceptance Are Valid and Enforceable.

The petitioner, Proactive In & Out Advertising Pvt. Ltd., challenged the cancellation of a tender award by Pune Mahanagar Parivahan Mahamandal Ltd. (r...

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High Court of Karnataka Dismisses Writ Petition Challenging Termination Clause in Employment Contract. Clause 12(c)(ii) allowing termination without cause held not unconscionable or contrary to public policy under Section 23 of Indian Contract Act, 1872.

The petitioner, Ms. Jayshree Gururaj, was appointed as Senior Director (Advanced Services) in Cisco Systems (India) Private Limited on 15 May 2012. He...

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Bombay High Court Dismisses Employer's Petition Challenging Interim Reinstatement Order in Unfair Labour Practice Case. Labour Court's Direction to Reinstate Workman with Full Wages Pending Complaint Upheld as Proper Exercise of Power Under Section 30(2) of MRTU & PULP Act.

The petitioner, Mahindra & Mahindra Limited, challenged an order of the Industrial Court, Mumbai dated 25th October 2005, which dismissed its revision...

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Supreme Court Examines Condonation of Delay by Karnataka Housing Board under Limitation Act. High Court's Order Condoning 3966-Day Delay in Filing Second Appeal is Scrutinized on Grounds of State Lethargy and Sufficient Cause.

The appeal before the Supreme Court arose from a judgment of the High Court of Karnataka condoning a delay of 3966 days in filing a second appeal by t...