Search Results for "lawfully held"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "lawfully held"

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Supreme Court

Supreme Court Allows Reference in Corruption Case: Demand Must Be Proved by Direct or Circumstantial Evidence, Not Mere Recovery. Proof of demand is sine qua non for offences under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988, and presumption under Section 20 arises only after demand is established.

15 Dec 2022

This reference to a Constitution Bench of the Supreme Court arose from a conflict between three-judge bench decisions regarding the proof of demand of...

Supreme Court

Supreme Court Allows Father's Appeal for Disinterment of Son's Body in Encounter Case, Upholding Right to Dignified Burial Under Article 21. The court held that the state's arbitrary denial of disinterment, while permitting it for others killed in the same encounter, violated Articles 14 and 21 of the Constitution of India, as the right to life includes the right of next of kin to perform last rites according to religious traditions.

12 Sep 2022

The appeal arose from a dispute over the disinterment of the body of Mohd. Amir Magrey, killed in an encounter between police and militants in Hyderpo...

Supreme Court

Supreme Court Upholds Municipal Corporation's Land Acquisition for Road Construction Under Mumbai Municipal Corporation Act. Municipal Corporation Validly Exercised Independent Powers Under MMC Act Without Requiring Road Inclusion in Development Plan Under MRTP Act, With Public Interest Justifying Acquisition Despite Property Owners' Objections.

2 Sep 2022

The dispute originated from the Municipal Corporation of Mumbai's efforts to acquire portions of the appellants' property for constructing a link road...

High Court

Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Unpaid Invoices. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

14 Sep 2023

The applicant, Parekh Plastichem Distributors LLP, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appoin...

High Court

High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

14 Feb 2020

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Dealership Dispute — Holds Arbitrator Exceeded Jurisdiction by Awarding Damages Without Proper Evidence. The court found that the respondent's failure to collect goods caused the loss, and termination for supplying spurious goods was valid under the dealership agreement.

7 Feb 2019

The case involves cross arbitration petitions challenging an arbitral award arising from a dealership agreement between NOD Bearings Pvt. Ltd. (petiti...

High Court

High Court of Karnataka Sets Aside Commercial Court Order and Restores Arbitral Award in Service Agreement Dispute Over Witness Competence Issue. Commercial Court Erred in Finding Patent Illegality Based on Inadmissibility of Authorized Representative's Evidence Under Section 34 of Arbitration and Conciliation Act, 1996, as Witness Competence Relates to Evidence Appreciation, Not Fundamental Legal Error.

10 Feb 2026

The dispute originated from a Master Service Agreement dated 11.04.2019  where Appellant agreed to provide temporary delivery executives to Swigg...

High Court

High Court of Karnataka Allows Appeals in Motor Accident Claims Cases — Compensation Enhanced for Multiple Claimants. Court held that the Tribunal erred in fixing a low notional income and in not awarding just compensation under various heads, applying multiplier method and principles from settled precedents.

1 Oct 2020

The case involves multiple appeals filed by Smt. Ujwala Prasad, the owner of a vehicle involved in an accident, challenging the compensation awarded b...

High Court

Bombay High Court Allows Second Appeal in Co-owner's Suit for Possession and Mesne Profits — Decree for Possession and Mesne Profits Upheld. Court holds that a co-owner in exclusive possession of joint family property is liable to pay mesne profits to other co-owners from the date of demand, and that the suit is not barred by limitation under Article 65 of the Limitation Act, 1963.

30 Nov -0001

The case involves a dispute over joint family property between co-owners. The original plaintiff, Rangnath Shivram Medankar (since deceased, represent...

High Court

High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

17 Mar 2015

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

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