Search Results for "Section 33(5)"

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Bombay High Court Quashes FIR in Step-Mother's Complaint of Criminal Breach of Trust and Cheating Against Step-Son — Holds Nominee Designation Does Not Confer Beneficial Ownership, But Dispute is Purely Civil in Nature

The petitioner, Mukund Ashok Cairae, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Proc...

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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim — Notional Income Enhanced from Rs.6,000 to Rs.10,000 per Month for Deceased Labourer. Compensation Recalculated Under Section 173 of Motor Vehicles Act, 1988, with Enhanced Award of Rs.11,50,000.

The present appeal arises from a judgment and award dated 06.12.2023 passed by the Motor Accident Claims Tribunal (Main), Patan, in MACP No.23/2022. T...

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Gujarat High Court Allows Second Appeal in Service Dispute, Sets Aside Back-Wages Award for Exceeding Pleadings. Appellate Court Erred in Granting Back-Wages Without Claim and Without Considering Jurisdiction of Civil Court Under Section 100 CPC.

The case involves a Second Appeal filed by Amreli Nagarpalika and another against Ashwinbhai Shantilal Goradia, challenging the judgment and decree of...

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High Court of Karnataka Dismisses Employee's Appeal in Labour Dispute — Reinstatement Denied Due to Lack of Evidence of Victimization. Termination Upheld as Management Proved Justification Based on Poor Performance and Misconduct Under Industrial Disputes Act, 1947.

The appellant, Sri Vijaya Ganapathi, an employee of M/s Intuit Technology Services Private Ltd, filed two writ appeals (WA No. 501/2022 and WA No. 115...

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Supreme Court Upholds High Court's Quashing of Government Resolution on Seniority for SC/ST Promotions in Orissa Administrative Service. Catch-Up Rule Prevails Absent State Legislation Under Article 16(4A) After 85th Amendment.

The case involves a dispute over seniority between general category officers and SC/ST officers in the Orissa Administrative Service. The respondent-w...

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Supreme Court Dismisses Contempt Petitions Against State Officers for Alleged Non-Compliance of Directions in Service Seniority Case. Held That State Had Compiled by Collecting Quantifiable Data and Issuing Fresh Notification, No Willful Disobedience Established.

The contempt petitions were filed by Bajrang Lal Sharma, a Rajasthan Administrative Service officer, alleging willful disobedience of the Supreme Cour...

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Bombay High Court Allows Writ Petition Challenging Rejection of PhD Candidature Due to Non-Processing of Application. University's Failure to Consider Application Despite Payment of Fees and Calling for Interview Violates Article 14 and Principles of Natural Justice.

The petitioner, Rahul s/o Upasrao Rohankar, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging a communication dated 19...

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Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

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Bombay High Court Allows Specific Performance Appeal Despite Unproven Part Payment. Failure to Prove Payment of Rs.300 Does Not Justify Refusal of Specific Performance When Plaintiff Shows Readiness and Willingness.

The appellant-plaintiff filed a suit for specific performance of an agreement for sale dated 6th June 1974, whereby the respondent-defendant agreed to...