Search Results for "appellate proceedings"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "appellate proceedings"

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High Court

Bombay High Court Allows Second Appeal in Injunction Suit Over Disputed Land Grant — Maintainability of Suit for Injunction Simpliciter Without Declaration of Title Questioned When Title Itself Is Disputed. The court held that a suit for permanent injunction without a prayer for declaration is not maintainable when the plaintiff's title is seriously disputed, and the appellate court erred in applying interim order principles and shifting the burden of proof.

28 Mar 2014

The case involves a second appeal before the High Court of Bombay at Goa arising from a suit for permanent injunction filed by the respondents (Smt. S...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Finds Substantial Question of Law on Adverse Possession and Co-owner's Possession. Court holds that possession of one co-owner is possession of all co-owners unless there is ouster, and that the trial court and first appellate court erred in not considering this principle under the Limitation Act, 1963.

30 Nov -0001

The present second appeal arises from a suit for possession and declaration of title filed by the original plaintiffs (respondents herein) against the...

High Court

Bombay High Court Dismisses Appeal in Ownership Dispute Over Suit Premises Upholding Single Judge Decree. Court found Appellants relied on forged birth certificate and tampered ration card to claim identity as 'Pushpa S. Sharma', thus affirming decree declaring original plaintiff as owner and directing possession and mesne profits.

28 Feb 2022

The matter arose from an appeal before the Division Bench of the Bombay High Court against an order and judgment dated 7 August 2015, by which a Singl...

High Court

Bombay High Court Examines Transfer of Domestic Violence Proceedings to Family Court Under Section 24 CPC and Article 227. Family Court's Concurrent Jurisdiction Over DV Act Reliefs and Avoidance of Conflicting Decisions Were Central to the Court's Analysis.

8 Oct 2021

The applicant husband and respondent wife were married as per Hindu rites and customs on 08/10/2000. Their matrimonial relationship became strained, a...

Supreme Court

Supreme Court Allows Revision Condonation Delay in Himachal Pradesh VAT Act — Section 5 Limitation Act Applicable. High Court's revisional power under Section 48 of the HP VAT Act, 2005 includes power to condone delay under Section 5 of Limitation Act, 1963 as Section 29(2) applies unless expressly excluded.

25 Oct 2019

The Supreme Court considered appeals against the Himachal Pradesh High Court's judgment dated 19.11.2018, which refused to condone delay in filing rev...

Supreme Court

Supreme Court Allows Liquidator's Appeal on Limitation Grounds in Insolvency Proceeding. Limitation period under Section 61 of the Insolvency and Bankruptcy Code, 2016 runs from the date the order is made available, not from pronouncement, applying Section 420(3) of the Companies Act, 2013 and Rule 50 of the National Company Law Tribunal Rules, 2016 for free copies.

22 Oct 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dated 13 July 2020, which dismissed the appellant's appeal as ...

Supreme Court

Supreme Court Allows Appeals by Successful Resolution Applicant and Union Bank in DHFL Insolvency Case, Upholds Resolution Plan Modifications on Avoidance Applications and Confidentiality. The Court held that the NCLAT exceeded its jurisdiction by modifying the resolution plan approved by the CoC and NCLT regarding avoidance applications, and that the commercial wisdom of the CoC is not subject to judicial review except under Section 30(2) IBC.

1 Apr 2025

The Supreme Court disposed of a batch of appeals arising from the insolvency resolution of Dewan Housing Finance Corporation Limited (DHFL) under the ...

High Court

Bombay High Court Quashes Condonation of Delay in Gratuity Appeal — Delay Beyond 120 Days Cannot Be Condoned Under Payment of Gratuity Act, 1972. Section 7(7) First Proviso Imposes Absolute Bar on Entertaining Appeal Filed After 120 Days from Receipt of Controlling Authority's Order.

5 Oct 2015

The petitioner, Changunabai Sambhaji Gaware, a retired employee, filed a writ petition challenging the order of the Industrial Court dated 18.11.2014,...

High Court

Bombay High Court Allows Petition of Employee in Gratuity Case — Delay Beyond 120 Days Cannot Be Condoned Under Payment of Gratuity Act, 1972. Industrial Court's Order Allowing Condonation of Delay Set Aside as Appeal Was Filed Beyond the Maximum Period of 120 Days Prescribed Under Section 7(7) First Proviso.

5 Oct 2015

The petitioner, Changunabai Sambhaji Gaware, an employee, was aggrieved by the judgment and order dated 18.11.2014 passed by the Industrial Court unde...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Plaintiff's Title Based on Registered Deed. Registered document prevails over unregistered agreement; possession ordered to be handed over to the plaintiff.

10 Oct 2016

The case involves a dispute over a flat in Pune. The plaintiff, Nanda Madhukar Yene, claimed she purchased the suit flat and obtained a registered Dee...

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