Search Results for "Adjournments"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Adjournments"

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High Court

Bombay High Court Quashes NAA Order Against McDonald's Franchisee in GST Anti-Profiteering Case — Failure to Consider Input Tax Credit Benefit and Lack of Proper Investigation. The court held that the National Anti-Profiteering Authority must consider the benefit of input tax credit and conduct a proper investigation before directing deposit of profiteered amount under Section 171 of the Central Goods and Services Tax Act, 2017.

1 Oct 2019

The petitioner, Hardcastle Restaurants Pvt. Ltd., operates McDonald's restaurants in Western and Southern India. After the GST rate on restaurant serv...

High Court

Bombay High Court Quashes Externment Orders for Lack of Material and Non-Compliance with Procedural Safeguards under Maharashtra Police Act, 1951. Show cause notices lacked specific instances, violating the right to represent.

4 Sep 2013

The judgment concerns two criminal writ petitions challenging externment orders passed under Section 56 of the Maharashtra Police Act, 1951. The petit...

High Court

Bombay High Court Quashes FIR and Magistrate's Order in Cooperative Bank Directors' Case — Abuse of Process and Lack of Sanction Under Section 197 CrPC. Criminal proceedings under Sections 406, 468, 477A IPC read with Section 34 IPC quashed as the Magistrate ignored the High Court's earlier order restoring the complaint for consideration under Section 202 CrPC, and the directors being public servants required sanction for prosecution.

19 Aug 2013

The applicants, nine directors of a cooperative bank, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qu...

High Court

Bombay High Court Allows Transfer of Hindu Marriage Petition from Amravati to Nanded on Grounds of Wife's Convenience and Safety. Wife's Residence and Lack of Income Justify Transfer Under Section 24 CPC.

5 Aug 2013

The applicant, Snehal Omprakash Kothekar, wife of the respondent Omprakash Domaji Kothekar, filed a Misc. Civil Application under Section 24 of the Co...

High Court

Bombay High Court Allows Delayed Filing of Written Statement in Civil Suit for Damages — Order VIII Rule 1 CPC Held Directory. The court set aside the trial court's refusal to accept the written statement, holding that the provision is directory and the delay was satisfactorily explained.

27 Jun 2013

The petitioner, Ravindralal Biharilal Srivastava, was the defendant No.1 in Special Civil Suit No.1056/2010 filed by respondent No.1, Vimalkumar Santl...

High Court

Bombay High Court Allows Appeal Against Dismissal of Complaint in Default in Cheque Dishonour Case — Restoration of Complaint Ordered as Complainant's Absence Was Due to Wrong Date Mentioned in Notice. The court held that procedural fairness requires that a complaint not be dismissed in default when the complainant's absence is due to a mistake in the court's notice, and the accused's discharge was set aside.

28 Sep 2012

The appellant (original complainant) filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 of the Indian Penal C...

High Court

Bombay High Court Dismisses Writ Petition Challenging Interlocutory Order for Possession in Cooperative Society Dispute — Petitioner Failed to Show Exceptional Circumstances for Interference Under Articles 226 and 227 of the Constitution of India. The Cooperative Court's Order Directing Possession Pending Adjudication Was Upheld as the Society Had a Prima Facie Case for Redevelopment and Balance of Convenience Favoured the Society.

27 Sep 2012

The petitioner, a retired individual and member of the Ambaji Niketan Cooperative Housing Society, challenged an interlocutory order passed by the Coo...

High Court

Bombay High Court Quashes Externment Order Due to Unexplained Delay in Proceedings — Preventive Action Must Be Decided with Utmost Despatch. The Court held that an unexplained delay of over two months between show cause notice and first hearing, and nearly one year to pass the order, casts serious doubt on the necessity of immediate removal under the Maharashtra Police Act.

2 Aug 2012

The petitioner, Mr. Nilesh Prabhakar Chondalkar, challenged an externment order passed on 8.2.2012 by the Appropriate Authority under the Maharashtra ...

High Court

Bombay High Court Dismisses Landlord's Writ Petitions in Land Dispute Under Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 — Tenant's Right to Purchase Occupancy Upheld. Landlord's suit for possession barred by limitation as tenant's possession became adverse after payment of occupancy price and issuance of saranjam deed.

21 Aug 2006

The case involves three writ petitions arising from a dispute over agricultural land admeasuring about 20 acres in Survey No.69 (Gat No.108) of villag...

High Court

Bombay High Court Dismisses Appeal for Enhanced Compensation in Land Acquisition Case — Applicant Failed to Produce Evidence to Support Claim for Higher Compensation Under Section 18 of Land Acquisition Act, 1894. The court held that the burden of proof lies on the claimant to demonstrate entitlement to enhanced compensation, and mere filing of an application for production of documents after issues were settled does not warrant remand.

14 Mar 2005

The appellant, Surendranath Sripad Sinai Dessai, was the owner/co-owner of land measuring about 25,315 sq. metres in Pernem village, Goa, which was ac...

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