Search Results for "liberal approach"

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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 "liberal approach"

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High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration and Injunction — Amendment Sought to Include Alternative Relief of Possession and Mesne Profits Held Not to Change Nature of Suit or Cause Prejudice to Defendant. The court set aside the trial court's order rejecting the amendment application under Order VI Rule 17 CPC, holding that pre-trial amendments should be liberally allowed to avoid multiplicity of proceedings.

25 Sep 2025

The petitioners, legal representatives of the original plaintiff, filed a writ petition under Article 227 of the Constitution of India challenging the...

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 Enhances Compensation for Minor Girl with 75% Permanent Disability in Motor Accident — Attendant Charges and Pain & Suffering Increased. The Court held that attendant charges for a child with permanent mental retardation requiring constant supervision should be based on full-time minimum wages of a skilled worker, not part-time unskilled wages, under Section 166 of the Motor Vehicles Act, 1988.

13 Dec 2024

The appellant, Baby Sakshi Greola, a seven-year-old girl, suffered grievous injuries in a motor vehicle accident on 2nd June 2009 when a car driven ra...

High Court

Bombay High Court Dismisses Application for Return of Plaint in Summary Suit, Holds Dispute Not Commercial Under Commercial Courts Act. Assignment of Debt by Leasing Company Not an Ordinary Transaction of Financier or Trader Under Section 2(1)(c)(i) of Commercial Courts Act, 2015.

11 Nov 2024

The case involves an Interim Application filed by Defendant No. 1 (Varanium Cloud Limited) seeking return of the plaint under Order VII Rule 10 of the...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging National Commission's Refusal to Condon Delay in Consumer Revision. Delay of 125 Days Not Sufficiently Explained; Petitioner's Casual Approach and Failure to Produce Supporting Documents Justify Dismissal.

5 Oct 2024

The petitioner, Prof (Mrs) Nelly Rodrigues, a retired lecturer, filed a writ petition under Article 227 of the Constitution of India challenging an or...

High Court

Bombay High Court Quashes Deemed Conveyance Order in Co-operative Housing Society Dispute — Lack of Notice to Original Landowner Violates Principles of Natural Justice. Deemed Conveyance under Section 11 of MOFA cannot be granted without affording opportunity of hearing to the developer who is not a member of the society.

4 Oct 2023

The petitioners, M/s. K.G. Associates (developer) and its partner, challenged an order dated 17 March 2020 passed by the Deputy Registrar of Co-operat...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

High Court

Bombay High Court Allows Condonation of Delay in Filing Income Tax Return for Refund Claim. CBDT's Rejection of Condonation Application Set Aside as Reasons for Delay Were Genuine and Not Habitual.

3 Dec 2014

The petitioner, Artist Tree Pvt. Ltd., engaged in dealing in artifacts and finances, filed a return of income for Assessment Year 1997-1998 on 14 Sept...

High Court

High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

17 Jul 2013

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

High Court

Bombay High Court Quashes Criminal Proceedings Against Applicant in Property Fraud Case Due to Lack of Prima Facie Evidence of Conspiracy. Allegations of forgery and cheating in sale of Russian Federation property fail to establish criminal conspiracy under Section 120B IPC against the applicant who was a subsequent purchaser.

2 May 2011

The case involves a property dispute over Marine House, a property owned by the erstwhile U.S.S.R. and later vested in the Russian Federation. In Dece...

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