Search Results for "original proceeding"

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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...
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High Court

Bombay High Court Holds That Section 17(1) Proviso of Provincial Small Cause Courts Act, 1887 Applies to Suits Under Section 33(1) of Maharashtra Rent Control Act, 1999 Even When Tried by Civil Judge Junior Division or Senior Division. The Court clarifies that the requirement of depositing rent or compensation at the first hearing is mandatory and not directory, and failure to comply results in striking off defence.

27 Jun 2022

The case involves a writ petition before the Bombay High Court, Nagpur Bench, concerning the interpretation of Section 33(1) of the Maharashtra Rent C...

High Court

Bombay High Court Dismisses Defamation Complaint for Statements Made in Quasi-Judicial Proceeding — Absolute Privilege Protects Statements Made Before Sub-Divisional Officer. Statements made during a quasi-judicial proceeding are absolutely privileged and cannot constitute defamation under Sections 499, 500, 501 IPC.

13 Aug 2021

The applicants, Maroti and Ramesh Chandankhede, filed a criminal complaint against the non-applicants, Ramkrushna Dhole and his sons, alleging defamat...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Initiate Perjury Proceedings in Civil Suit. Filing a false affidavit in a civil suit does not automatically constitute an offence under Section 199 IPC without proof of intent to cause injury and that the statement was made in a judicial proceeding.

5 Feb 2020

The appellants, Tarun Keshrichand Shah and Priyalata Keshrichand Shah, filed a civil suit in the City Civil Court at Greater Mumbai against respondent...

High Court

High Court of Karnataka Quashes Abetment to Suicide and IT Act Charges Against Petitioner in C.C.No.3016/2024 — Lack of Instigation or Direct Nexus Between Alleged Acts and Suicide. The court held that mere sending of obscene messages and photos without direct instigation does not constitute abetment to suicide under Section 306 IPC, and proceedings under Sections 66E and 67A of the IT Act were also quashed for lack of prima facie case.

25 Jun 2025

The petitioner, Varun G.A., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the charge sheet ...

High Court

Bombay High Court Quashes Charges Against Directors in Income Tax Search Statement Case — Statements Under Section 132(4) of Income Tax Act Not 'Evidence' for Perjury Prosecution Without Complaint Under Section 195 CrPC. Statements made during search under Section 132(4) are deemed to be in a judicial proceeding under Section 136 of Income Tax Act, 1961, requiring a complaint by the income tax authority before prosecution for offences under Sections 181, 201, 204 IPC.

12 Oct 2010

The petitioners, husband and wife and directors of companies, were accused of offences under Sections 181 (false statement on oath), 201 (causing disa...

High Court

Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

27 Apr 2012

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...

High Court

Bombay High Court Dismisses Application for Perjury Proceedings in Civil Suit Dispute. Alleged False Affidavit and Fabricated Documents Not Material to Main Issue, No Prima Facie Case Under Section 340 CrPC.

30 Oct 2012

The present civil application was filed by CTR Manufacturing Industries Limited (the applicant) in a disposed of appeal from order arising out of Spec...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Family Court Ex-Parte Order and DV Act Complaint as Frivolous. Family Court's Direction to Proceed Ex-Parte Upheld and DV Act Complaint Cannot Be Quashed as It Is Not a Criminal Proceeding Under Protection of Women from Domestic Violence Act, 2005.

14 Mar 2013

The petitioner, Natarajan Sundaresan, filed two writ petitions before the Bombay High Court challenging orders passed in family court and magistrate p...

High Court

Bombay High Court Quashes FIR Against IFS Officer in Tree Felling Permission Case — No Prima Facie Case for Corruption or Forgery Established. Permission Granted by Competent Authority After Due Procedure Under Maharashtra Felling of Trees (Regulation) Act, 1964; Allegation of Application by Deceased Person Not Sufficient to Attract Offences Under IPC or Prevention of Corruption Act.

26 Mar 2013

The applicant, an IFS officer, was the Deputy Conservator of Forest at Wardha from 29.09.2006 to 16.08.2010. On 03.05.2006, one Govinda Mahagya Waskar...

High Court

Bombay High Court Quashes Labour Court Award in Commission Dispute Under Section 33C(2) Industrial Disputes Act — Claim Barred by Limitation and Inconsistent with Prior Conciliation Proceedings. The court held that Section 33C(2) is a recovery proceeding and cannot be used to adjudicate disputed entitlements, and the claim was barred by limitation.

17 Jul 2006

The petitioner, M/s. Getwell Board & Paper Private Limited, challenged the judgment and order dated 2nd March 2005 passed by the Labour Court, Mumbai,...

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