Search Results for "trial court issues"

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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 "trial court issues"

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High Court

High Court of Karnataka Allows Regular Second Appeal in Property Suit Due to First Appellate Court's Failure to Comply with Order XLI Rule 31 CPC. The First Appellate Court's judgment was set aside for not independently analyzing evidence and not framing points for determination as required under Section 96 and Order XLI Rule 31 of the Code of Civil Procedure, 1908.

13 Sep 2017

The appellant, Rukminibai, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree d...

High Court

Bombay High Court Continues Ex-Parte Injunction in Copyright and Trademark Infringement Suit Over ATYATI Device Mark. The Court found no suppression by the Plaintiff and held that the Defendants' adoption of a deceptively similar logo without explanation warranted continuation of the injunction.

30 Apr 2024

The present suit was filed by the Plaintiff, a company engaged in IT solutions, alleging infringement of its copyright in the ATYATI device mark, infr...

High Court

High Court Quashes Industrial Court’s Remand Order; Reinforces Fairness in Proportionate Punishment in Labor Disputes. Unfair Labor Practice in Dismissal Addressed under the Doctrine of Proportionality.

21 Oct 2024

The Bombay High Court, Nagpur Bench, examined a labor dispute where the petitioner, a former employee, contested his dismissal on the grounds of unfai...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Further Investigation Application in Death Case. Trial Court's Discretion Upheld as Applications Were Filed After Trial Commenced and Key Witnesses Examined.

12 Sep 2022

The petitioner, Rabia Khan, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 16.09.2021 passed by the Special Ju...

High Court

High Court of Judicature at Bombay Heard Constitutional Challenge to Section 31-A of the NDPS Act, 1985, Imposing Mandatory Death Penalty for Repeat Drug Offences. The petition questioned whether mandatory death penalty for non-homicidal drug offences under Section 31-A violates fundamental rights under Articles 14 and 21 of the Constitution of India.

16 Jun 2011

The matter involved two writ petitions filed under Article 226 of the Constitution challenging the constitutional validity of Section 31-A of the Narc...

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...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

6 May 2022

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

High Court

High Court of Karnataka Allows DNA Test in Partition Suit to Determine Paternity Under Order 26 Rule 10-A CPC. The court upheld the appellate court's order for DNA testing to establish the relationship between the parties in a partition suit.

3 Sep 2014

The petitioner, Sri Hanumappa, filed a writ petition challenging an order dated 13.1.2014 passed by the Senior Civil Judge at Hiriyur in R.A.No.11/201...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Failure to Prove Motive. Conviction under Sections 302 and 201 IPC set aside as prosecution failed to establish complete chain of circumstances and motive, with key witnesses turning hostile and burden under Section 106 Evidence Act not triggered.

2 Jan 2023

The appeal arose from the conviction of the appellant under Sections 302 and 201 of the Indian Penal Code, 1860 for the murder of his two young sons. ...

High Court

Bombay High Court Allows Appeal, Sets Aside Remand Order in Easement and Nuisance Dispute Over Waste Water Discharge. The appellate court's casual exercise of remand power under Order XLI Rule 23 CPC was held unjustified when the trial court had already decided ownership and the respondents' easement plea implicitly accepted that ownership.

27 Oct 2010

The dispute originated from a suit filed by the appellant (original plaintiff) and respondent Nos. 3 to 5 (original plaintiffs) against respondent Nos...

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