Search Results for "Legal Fiction"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Legal Fiction"

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Supreme Court

Supreme Court Allows Challenge Against Excessive Enrolment Fees by State Bar Councils — Additional Fees Beyond Section 24(1)(f) of Advocates Act Held Unconstitutional. The Court ruled that SBCs cannot impose any extra charges at enrolment, as the statutory fee is exhaustive and any additional levy violates Articles 14 and 19(1)(g).

30 Jul 2024

The Supreme Court in this judgment addressed a challenge under Article 32 of the Constitution against the enrolment fees charged by State Bar Councils...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

High Court

Bombay High Court Allows Section 11 Applications for Appointment of Arbitrator in Partnership Disputes Involving Legal Heirs of Deceased Partner. The Court held that the arbitration clause in the partnership deed is binding on the legal representatives of the deceased partner, and the applicants being daughters and legal heirs are entitled to invoke arbitration.

6 Jun 2022

The judgment concerns four applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Priya Rishi Bhuta and another, who ar...

High Court

Karnataka High Court Quashes Preventive Detention Order for Non-Communication of Grounds in Language Known to Detenu — Violation of Article 22(5) of Constitution and Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985. The court held that failure to supply grounds in Telugu, the only language known to the detenu, vitiated the detention order and ordered his release.

27 Oct 2016

The petitioner, Smt. Jayamma, wife of the detenu Giddappa @ Lambu Giddappa, filed a habeas corpus petition under Articles 226 and 227 of the Constitut...

High Court

Bombay High Court Dismisses Petition Challenging Mundkar Revision Order in Eviction Suit — Upholds Concurrent Findings of Tenancy and Default. The court held that the petitioners failed to prove that the suit house was not a mundkar tenancy and that the eviction decree was validly passed under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

18 Apr 2016

The petitioners, legal heirs of original defendants in Civil Suit No. 107 of 1970, filed a writ petition challenging the order dated 14.01.2015 passed...

High Court

Bombay High Court Quashes Criminal Complaint Against Directors for Lack of Sanction Under Section 197 CrPC. Acts Alleged Were in Official Capacity, Making Sanction Mandatory Before Prosecution.

23 Apr 2010

The applicants, Mr. Arvind Navinchandra Mafatlal and Mr. Hrishkesh Arvind Mafatlal, filed a criminal application under Section 482 of the Criminal Pro...

High Court

Bombay High Court Dismisses Appeal in Lease vs License Dispute Under Goa Decree No.43525. Agreement Styled as Leave and License Held to Be Lease Due to Exclusive Possession and Fixed Term.

8 Feb 2006

The case involves a dispute between the successors of Dr. Luis dos Santos Alvares (plaintiffs/respondents) and Dr. Bento de Souza Egypsy (defendants/a...

High Court

Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

30 Nov -0001

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of Driver Proved by Oral and Documentary Evidence. Tribunal Erred in Dismissing Claim on Ground of Lack of Negligence Despite Clear Evidence of Rash Driving and Criminal Conviction.

30 Nov -0001

The appellant, Santosh Chandrakant Potdar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a...

High Court

Bombay High Court Upholds Dismissal of Teacher for Misconduct in Minority School — Procedural Compliance Under MEPS Act Not Required for Unauthorized Absence. Termination of a probationary teacher for unauthorized absence and misconduct is valid even without prior approval under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, as the school is a minority institution and the teacher was on probation.

30 Nov -0001

The judgment involves three writ petitions challenging termination of teachers by private schools claiming minority status. The lead petition is by Ra...

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