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Search Results for "original proceeding"

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High Court

Bombay High Court Allows Compensation Claim Against Police for Illegal Seizure of Documents. Police Officer Acted Beyond Authority by Taking Possession of Private Documents Under Threat of Criminal Prosecution, Violating Petitioner's Rights.

8 Dec 2020

The petitioner, Ram Babanrao Waregaonkar, filed a criminal writ petition seeking compensation on the ground that police acted illegally, harassed him,...

High Court

Bombay High Court Dismisses Petition Seeking Enforcement of Arbitral Interim Order Under Section 27 of Arbitration Act. Section 27 of the Arbitration and Conciliation Act, 1996 is limited to court assistance in taking evidence and does not extend to implementation of arbitral directions; remedy lies under Section 17 or Section 9.

20 Jul 2012

The case involves a dispute between United Spirits Limited (Petitioner) and Delta Distilleries Limited (Respondent No.1) arising from a bottling agree...

High Court

Bombay High Court Quashes FIR in Matrimonial Dispute Due to Compromise Between Spouses — Settlement Reached Through Mediation, No Prima Facie Case for Cruelty Under Section 498-A IPC.

30 Aug 2019

The applicants, who are the husband and his relatives, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking q...

High Court

Bombay High Court Quashes FIR in Dowry Harassment Case Due to Settlement Between Spouses. Criminal proceedings under Sections 498-A, 323, 504, 506 IPC quashed as parties amicably resolved disputes and complainant expressed no objection.

8 Aug 2019

The applicants, who were the original accused, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking to qua...

High Court

Bombay High Court Dismisses Petition Seeking Stay of Suit Pending Probate Proceeding — No Automatic Stay of Civil Suit Under Section 10 CPC When Probate Proceeding Is Not a Previously Instituted Suit

19 Mar 2013

The petitioner, Chandrashekhar Kashinath Patange, filed a writ petition challenging the order dated 6/7/2012 passed by the City Civil Court, Greater B...

High Court

Bombay High Court Allows Writ Petition Challenging Disqualification of Sarpanch and Upa-Sarpanch Under Maharashtra Local Authorities Members Disqualification Act, 1986 — Disqualification Order Set Aside for Violation of Principles of Natural Justice and Lack of Proper Application of Mind. The court held that the disqualification authority must apply its mind to the allegations and evidence, and pass a reasoned order; mere reproduction of complaint and absence of finding on voluntary giving up of membership renders the order invalid.

30 Nov -0001

The petitioners, Ratnamala Ashokrao Shinde (Sarpanch) and Bandu Raghunath Panchlinge (Upa-Sarpanch) of Grampanchayat Palodi, were disqualified by the ...

High Court

Bombay High Court Upholds Landlord's Right to Resume Land for Personal Cultivation Under Section 38 of Bombay Tenancy Act — Surrender of Tenancy Validated. The court held that the surrender of tenancy was voluntary and genuine, and the landlords were entitled to resume the land for personal cultivation under Section 38 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.

12 Jan 2015

The case involves a Letters Patent Appeal filed by the appellants (original tenants) against the judgment of a learned Single Judge of the Bombay High...

High Court

Bombay High Court Upholds Landlord's Right to Resume Land for Personal Cultivation in Tenancy Dispute — Surrender of Tenancy Validated. The court held that the surrender of half the land by the tenant did not affect the landlord's right to resume the remaining land for personal cultivation under Section 38 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.

12 Jan 2015

The case involves a Letters Patent Appeal filed by the appellants (original tenants) against the judgment of a learned Single Judge of the Bombay High...

High Court

Bombay High Court Allows Revision Application of First Informant in Section 169 CrPC Discharge Case — Magistrate's Order Set Aside for Denial of Hearing. The first informant is entitled to notice and hearing before the Magistrate accepts a police report under Section 169 CrPC discharging the accused, as per the principle in Bhagwant Singh v. Commissioner of Police.

4 Feb 2015

The applicant, Maroti S/o Kaluba More, filed a First Information Report (FIR No. 159/2000) with the Kandhar police station in Nanded district. The Inv...

High Court

Bombay High Court Condoned Delay of 2192 Days in Filing Central Excise Appeal Due to Bona Fide Prosecution in Wrong Forum — Section 14 of Limitation Act, 1963 Applied to Exclude Time Spent in Gujarat High Court. The appellant acted with due diligence in pursuing the appeal before the Gujarat High Court, which was dismissed for lack of territorial jurisdiction under Section 36(b) of the Central Excise Act, 1944.

22 Feb 2016

The Principal Commissioner of Central Excise & Customs, Daman Commissionerate, filed a Notice of Motion seeking condonation of a 2192-day delay in fil...

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