Search Results for "Reappreciation of Evidence"

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Bombay High Court Dismisses Petitions Challenging Arbitration Award in Property Dispute — No Grounds for Interference Under Section 34 of Arbitration Act. Court upholds award based on joint family property partition and limitation, finding no patent illegality or perversity.

The petitioners, who were members of a joint family, challenged an arbitral award passed in a partition dispute. The award had been made by an arbitra...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a complaint filed by the respondent (Smt. Y.C. Manju) against the revision petitioner (Sunil Yadav) under Section 138 of the Nego...

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Supreme Court Dismisses Partition Suit for Lack of Proof of Marriage and Paternity. High Court's Reversal of Concurrent Findings Upheld as Findings Were Perverse and Based on Inadequate Evidence.

The appellant/plaintiff filed a suit for partition and separate possession claiming to be the son of respondent no. 1/defendant no. 1 from his marriag...

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Supreme Court Allows Appeal and Restores Acquittal in Murder Case Due to High Court's Erroneous Reversal. The High Court failed to apply the plausible view test and wrongly shifted the burden of proof onto the accused, contrary to settled law.

The appellants, father and son, were prosecuted for murder under Section 302 read with Section 34 IPC for allegedly assaulting the deceased with pipes...

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Bombay High Court Dismisses Bank's Petition Challenging Labour Court's Power to Reappreciate Evidence in Domestic Enquiry. Evidence Adduced Before Labour Court Prevails Over Enquiry Findings Under Industrial Disputes Act, 1947.

The petitioner, The Jalna District Central Co-Operative Bank Ltd., challenged the judgment of the Industrial Tribunal which upheld the Labour Court's ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Hostile Witnesses and Lack of Evidence. Common Intention Under Section 302 r/w 34 IPC Not Proved as Prosecution Failed to Establish Presence of Accused at Scene and Ocular Witnesses Turned Hostile.

The State of Maharashtra appealed against the judgment and order dated 26.02.2001-28.02.2001 passed by the learned Additional Sessions Judge, Greater ...

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Bombay High Court Dismisses MSRTC's Petition Challenging Industrial Court's Order Quashing Punishment of Conductor for Unauthorized Absenteeism. Industrial Court's Finding of Perversity in Inquiry Report and Disproportionate Punishment Upheld Under Section 28 of MRTU & PULP Act, 1971.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment and order of the Industrial Court, Dhule, dated 24.08.20...

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Bombay High Court Allows Writ Petition Challenging Appellate Court's Reversal of Temporary Injunction in Property Suit — Appellate Court Exceeded Jurisdiction by Reappreciating Evidence Without Finding Error in Trial Court's Discretion.

The petitioner, original plaintiff, filed a suit for injunction against the respondents (defendants) in respect of a suit property. The Trial Court gr...