Search Results for "Formal defect"

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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 "Formal defect"

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High Court

High Court of Karnataka Allows Withdrawal of Suit with Liberty to File Fresh Suit for Declaration of Title in Regular Second Appeal — Cloud on Title Requires Proper Declaration Suit. The court permitted the appellant to withdraw the plaint and file a fresh suit for declaration and allied reliefs, as both lower courts dismissed the suit on the ground of cloud on title.

22 Sep 2025

The appellant, Sri N. Jagadish Kumar, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and d...

High Court

Bombay High Court Quashes Condonation of 9-Year Delay in Recall Application in Suit Withdrawal Case — Unconditional Withdrawal Under Order XXIII Rule 1(1) CPC is Plaintiff's Absolute Right. The court held that the plaintiff's right to unconditionally withdraw a suit is absolute and cannot be fettered by the court, and a delay of over 9 years in seeking recall of such an order cannot be condoned without sufficient cause.

21 Feb 2025

The petitioner, M/s. Vaishnavi Engineers and Developers Private Limited, had filed a suit (RCS No. 782 of 2012) against the respondents seeking declar...

Supreme Court

Supreme Court Upholds Death Penalty for Rape and Murder of Young Woman in Maharashtra — Conviction Based on DNA Evidence and Circumstantial Links. The Court held that the chain of circumstantial evidence, including last seen together and DNA matching, was complete and consistent with the guilt of the appellant, and the case fell within the 'rarest of rare' category for imposition of death penalty.

20 Feb 2025

The Supreme Court of India dismissed the criminal appeal filed by Chandrabhan Sudam Sanap against the judgment of the Bombay High Court, which had uph...

Tribunals

NCLAT Dismisses Appeal Against CIRP Admission Due to 45-Day Delay Without Sufficient Cause Under Section 61(2) of IBC. The appeal against admission of corporate debtor into CIRP was dismissed as time-barred, with the court holding that the delay of 45 days beyond the statutory period was not satisfactorily explained.

18 Dec 2024

The judgment pertains to two connected company appeals filed by Kalyan Muppaneni, the suspended director and founder shareholder of M/s. Pi Data Cente...

Supreme Court

Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

29 Apr 2024

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...

High Court

High Court Grants Bail to Accused in Abetment of Suicide Case — No Prima Facie Evidence of Instigation or Active Participation. Mere harassment or cruelty without direct instigation does not constitute abetment of suicide under Section 306 IPC read with Section 34 IPC.

19 May 2022

The judgment concerns two criminal petitions for bail and a writ petition filed by the petitioners, E S Praveen Kumar and Eediga Srikanth, who were ac...

High Court

High Court of Karnataka Allows Withdrawal of Suit with Liberty to File Fresh Suit in Property Dispute Due to Misdescription of Property. Error in Describing Sites Constitutes a Formal Defect Under Order XXIII Rule 1 CPC.

31 Jan 2020

The petitioner, Satish Daniel, was the plaintiff in O.S. No.71/2017 before the Addl. Senior Civil Judge, Raichur, seeking declaration of ownership and...

High Court

Bombay High Court Dismisses Petition Challenging Collector's Order Refusing to Dismiss Disqualification Petition for Non-Compliance of Rule 6 of Maharashtra Local Authority Members' Disqualification Rules, 1987. Verification of Petition and Documents Held Sufficient Compliance with Rule 6.

4 May 2012

The petitioner, Fazalur Rehman Gulam Nabi, President of Municipal Council, Balapur, filed a writ petition challenging an order of the Collector, Akola...

High Court

Bombay High Court Allows Tenant's Petition in Bombay Tenancy Act Case — Certificate of Purchase Under Section 32M Cannot Be Challenged After 9 Years. The Court Held That the Certificate Is Conclusive and the Landlord Cannot Seek Termination of Tenancy After the Tenant Has Purchased the Land.

10 Jan 2012

The case involves a dispute under the Bombay Tenancy and Agricultural Land Act, 1948 regarding agricultural land bearing Gat No. 98 in village Tilleha...

High Court

Bombay High Court Allows Writ Petition Challenging Disqualification of Bid in Tender Process for Distribution Franchisee — Violation of Natural Justice and Arbitrary Action by State Entity. The court quashed the disqualification of the petitioner's bid due to non-submission of power of attorney in prescribed format, holding that the respondent failed to provide prior notice or opportunity to explain.

28 Jul 2010

The petitioner, A2Z Maintenance & Engineering Services Limited, filed a writ petition challenging the disqualification of its bid by the Maharashtra S...

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