Search Results for "material propositions"

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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 "material propositions"

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High Court

Gujarat High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC for strangulation of wife set aside as prosecution failed to prove guilt beyond reasonable doubt.

25 Mar 2026

The present appeal arises from Sessions Case No. 19/2015 decided by the learned 4th Additional Sessions Judge, Godhra, whereby the appellant-accused P...

Supreme Court

Supreme Court Dismisses Builder's Appeal in Consumer Dispute Over Sale Agreement Execution. The court upheld the National Commission's order directing execution of deeds of conveyance, finding the complaints were within limitation under Section 24A of the Consumer Protection Act, 1986, and the purchasers were entitled to relief despite builder's claims of multiple agreements.

23 Mar 2022

The dispute arose from consumer complaints filed by purchasers against a builder for non-execution of deeds of conveyance despite receiving substantia...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Lack of Evidence and Abuse of Process. The Court held that the High Court should have exercised inherent powers under Section 482 of the Criminal Procedure Code, 1973 to quash the FIR as no prima facie case was made out against the appellant after police exoneration and compromise with the main accused.

20 Oct 2021

The dispute arose from a criminal complaint filed by Nasib Singh (complainant) against Jaswant Singh (appellant) and others, alleging cheating and bre...

High Court

Bombay High Court Dismisses Appeal in Trademark Infringement Suit Over 'THE ASWA' and 'ASĀVA' Marks — No Prima Facie Case for Injunction Due to Lack of Phonetic Similarity and Descriptive Nature of Mark.

23 Aug 2021

The appellant, Meher Distilleries Private Limited, is the registered proprietor of the trademark 'THE ASWA' under Registration No.2716867 in Class-33 ...

High Court

Bombay High Court Dismisses Revision Against Concurrent Findings on Limitation in Eviction Suit. Court holds that a suit for possession filed within 12 years of the date when possession becomes adverse is not barred by limitation under Article 65 of the Limitation Act, 1963.

20 Aug 2019

The case involves a civil revision application filed by M/s. SGM Properties & Investments Pvt. Ltd. (the applicant/landlord) against Basantkumar Bilas...

High Court

Bombay High Court Upholds Arbitral Award in Price Escalation Dispute Under FIDIC Contracts — Formula Interpretation Not Permissible When Language Is Clear. Court holds that a price escalation formula in a contract, being a mathematical expression, cannot be interpreted or varied by an arbitrator if its terms are unambiguous.

31 Mar 2017

The judgment concerns two arbitration petitions arising from contracts between the Municipal Corporation of Greater Mumbai and two contractors, M/s. A...

High Court

High Court of Karnataka Partly Allows Defendant's Petition and Dismisses Plaintiff's Revision in Summary Suit — Conditional Leave to Defend Upheld but Deposit Reduced. Court held that while the trial court had discretion to impose conditions under Order 37 Rule 3(5) CPC, the condition of depositing 50% of the suit claim was disproportionate and reduced it to 25%.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

High Court of Karnataka Upholds Conditional Leave to Defend in Summary Suit Under Order 37 CPC — Deposit of 50% of Suit Claim with Interest Upheld as Reasonable Condition. Court holds that while granting leave to defend, the trial court must balance the interests of both parties and can impose conditions to secure the plaintiff's claim, but such conditions must not be arbitrary or excessive.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

Bombay High Court Orders Possession to Trustees in Trust Property Dispute — Defendant's Claim of Adoption Fails. Trustees of a trust established under a Will are entitled to recover possession of a flat from a defendant who failed to prove adoption or any lawful right, as the Will prohibited alienation and the defendant was a trespasser.

22 Nov 2012

The suit was filed by the trustees of a trust created under a Will dated 28th June 1994, seeking a declaration that the defendant is a trespasser and ...

High Court

Bombay High Court Dismisses Landlord's Writ Petition Challenging Small Causes Court's Jurisdiction in Rent Control Exemption Case. Section 41 of Presidency Small Cause Courts Act, 1882 Confers Jurisdiction Over Landlord-Tenant Suits Irrespective of Applicability of Maharashtra Rent Control Act, 1999.

21 Oct 2011

The Petitioner, Depe Global Shipping Agencies Pvt. Ltd., is the landlord, and the Respondent, MPIL Corporation Ltd., is the tenant in respect of suit ...

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