Search Results for "Section 38(3)"

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Bombay High Court Upholds Acquittal in Murder Case Due to Inconsistent Dying Declarations. State's Appeal Dismissed as Dying Declarations Contradict Each Other and Lack Corroboration Under Section 302 IPC.

The State of Maharashtra filed an appeal against the judgment and order of acquittal dated 25.09.1995 passed by the 4th Additional Sessions Judge, Jal...

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Karnataka High Court Allows Appeal Against Dismissal of Injunction in Property Dispute — Prima Facie Case Established for Temporary Injunction. The court set aside the trial court's order and remanded for fresh consideration of the injunction application under Order 39 Rules 1 and 2 CPC.

The appellant, M/s Lumbini Gardens Limited, filed a suit for permanent injunction to restrain the respondents (State of Karnataka and others) from unl...

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High Court of Karnataka Dismisses Writ Appeal for Land Compensation Due to Inordinate Delay of 150 Years. Land Acquisition Dispute Rejected on Grounds of Delay and Laches as Appellants Failed to Explain Delay in Approaching Court.

The appellants, Sri Ramarao alias Ajit and Sri Sujit, filed a writ appeal against the order of a learned Single Judge dismissing their writ petition o...

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Supreme Court Allows Appeal by Bank Management in Dispute Over Supervisory Allowance Claim by Head Cashiers Under Sastry and Desai Awards. Labour Court's Order Granting Special Allowance Set Aside as Head Cashiers' Duties Were Primarily Clerical and Any Supervisory Work Was Incidental.

The dispute arose between the Management of State Bank of Hyderabad and its head cashiers, who were respondents, regarding their claim to a special al...

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Supreme Court Allows Electricity Board to Complete Sub-Station in Land Dispute Case. Balance of Convenience and Public Interest Outweighs Alleged Possession Claims.

The dispute pertains to a land measuring about 3.61 acres in Jamshedpur, Jharkhand. The respondents (plaintiffs) claimed that their mother, late Smt. ...

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Bombay High Court Denies Widow's Claim for Court Fee Exemption in Succession Certificate Petition. Court Fee Exemption for Women Limited to Maintenance and Matrimonial Disputes, Not Applicable to Property Succession Under Indian Succession Act, 1925.

The petitioner, Snehala Pramod Desai, the widow of the deceased, filed a testamentary petition under the Indian Succession Act, 1925, seeking a succes...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...