Search Results for "prior demand and refusal"

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Supreme Court Dismisses Port Trust's Appeal in Licence Fee Recovery Case Due to Limitation Bar. Recovery Proceedings Under Public Premises Act, 1971 Held Time-Barred as Cause of Action Arose in 2010 and Proceedings Initiated in 2015 Exceed Three-Year Limit Under Limitation Act, 1963.

The dispute arose from the New Mangalore Port Trust (NMPT) allotting land to licensees for loading and unloading goods, with licence fees subject to r...

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Bombay High Court Dismisses Tenant's Petition in Rent Default Eviction Case — Appellate Court's Decree Upheld. Tenant's deposit of rent in court without intimation to landlord and failure to pay demanded rent after notice constituted default under Section 12(3)(b) of the Bombay Rent Act.

The case involves a dispute between landlords (Respondents) and a tenant (Petitioner) over eviction from two rooms on the ground floor of a house prop...

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Bombay High Court Allows Husband's Appeal in Restitution of Conjugal Rights Case — Wife's Refusal Without Reasonable Excuse. Filing of Divorce Petition by Wife Does Not Constitute Reasonable Excuse Under Section 9 of Hindu Marriage Act, 1955.

The case involves a second appeal filed by the husband (original respondent) against the judgment of the District Court, Dhule, which reversed the tri...

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Karnataka High Court Dismisses Husband's Appeal in Divorce Case Due to Lack of Fraud or Cruelty. Allegations of Pre-Marital Assurance and Non-Consummation Do Not Constitute Grounds for Annulment or Divorce Under Sections 12(1)(a) and 13(1)(ia) of Hindu Marriage Act, 1955.

The appellant-husband, Kiran C., filed a petition under Section 12(1)(a) read with Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking annulmen...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Based on Circumstantial Evidence — Disclosure Statement and Recovery of Bones Insufficient to Prove Guilt Beyond Reasonable Doubt.

The State of Maharashtra filed an appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 29 ...

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High Court of Judicature at Bombay Dismisses Writ Petition Seeking Mandamus Against Removal from State Police Complaints Authority. Failure to Make Prior Demand for Justice Held Fatal to Prayer for Mandamus Under Article 226 of Constitution of India.

The petitioner, Rajkumar Bhujangrao Dhakane, invoked the extraordinary writ jurisdiction of the Bombay High Court under Article 226 of the Constitutio...

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Bombay High Court Acquits Husband in Cruelty and Abetment of Suicide Case Due to Insufficient Evidence. Conviction under Sections 498A and 306 IPC set aside as prosecution failed to prove demand of Rs.1,000 and that cruelty drove deceased to commit suicide.

The appellant, Ananta Laxman Pansare, was convicted by the 8th Additional Sessions Judge, Pune, for offences under Sections 498A and 306 of the Indian...

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Supreme Court Acquits Trustee Under Bombay Public Trusts Act Due to Lack of Power to Call for Information. Request for Information About Constructions Not a 'Report' or 'Statement' Under Section 37(1)(c), Hence No Offence Under Section 67.

This appeal by the State of Gujarat arose from an acquittal by the High Court in a criminal prosecution of a trustee under the Bombay Public Trusts Ac...