Search Results for "original proceeding"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "original proceeding"

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High Court

High Court of Karnataka Dismisses Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that mere denial of service without evidence is insufficient to set aside an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908.

22 Mar 2024

The petitioners, legal representatives of the original defendant Kadappa, filed a writ petition under Article 227 of the Constitution of India challen...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence — Permanent Disability from Fracture Injuries Established. Court holds that the Tribunal erred in dismissing the claim petition despite evidence of rash and negligent driving and permanent disability under the Motor Vehicles Act, 1988.

16 Jun 2017

The appellant, original claimant before the Motor Accidents Claims Tribunal (MACT), Mapusa, filed an appeal challenging the judgment and award passed ...

High Court

Bombay High Court Dismisses Application for Perjury Proceedings Under Section 340 CrPC Against Respondents in Property Dispute — No Prima Facie Case of Forgery or False Evidence Established. The Court Held That Before Initiating Proceedings Under Section 340 CrPC, the Accused Must Be Heard, and the Applicant Failed to Prove Intentional Falsehood.

22 Dec 2018

The judgment pertains to a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (CrPC) by Satyanara...

Supreme Court

Supreme Court Examines Applicability of Section 292 IPC to Allegedly Obscene Poem Referencing Mahatma Gandhi Amidst Claims of Poetic License and Freedom of Expression. Court Clarifies That Poetic License Is Not a Legal License but a Fundamental Right, Subject to Reasonable Restrictions Under Article 19(2), and Obscenity Must Be Judged by Contemporary Community Standards.

1 Aug 2026

Background: The case arose from the publication of a poem titled 'Gandhi Mala Bhetala' (I met Gandhi) in the July-August 1994 issue of the Bulletin, a...

Supreme Court

Supreme Court Dismisses Appeals Against High Court Orders Declaring Abatement and Rejecting Substitution in Second Appeal. Non-Substitution of Legal Heir of Co-Appellant Results in Whole Appeal Abating Where Decree is Joint and Indivisible, and Delay Condonation Denied as No Sufficient Cause Shown Under Order XXII CPC and Limitation Act.

1 Jan 1970

The dispute arose from a civil suit for declaration, recovery of possession, and mesne profits regarding a house. The plaintiff claimed exclusive titl...

High Court

Bombay High Court Dismisses Writ Petition Seeking Refund of Premium Paid Under ULC Act Government Resolution — Petitioner Cannot Claim Refund After Voluntarily Availing Benefit and Selling Land to Third Parties.

13 Mar 2025

The petitioner, Sudarshan Chemical Industries Ltd., was a beneficiary of an exemption order dated 29 February 1980 under Section 20(1) of the Urban La...

High Court

Bombay High Court Allows Petitions by Offshore Drilling Companies Challenging Reassessment Notices Under Income Tax Act, 1961 — Section 147 Reassessment Invalid Due to Lack of Jurisdictional Condition Precedent. The court held that reassessment notices were issued without proper application of mind and without valid reasons to believe that income had escaped assessment, and quashed the notices.

4 Aug 2023

The petitioners, Shelf Drilling Ron Tappmeyer Limited, Shelf Drilling J.T. Angel Limited, and Shelf Drilling Trident XII Limited, are companies incorp...

High Court

Bombay High Court Allows Petitions by Offshore Drilling Companies Challenging Reassessment Notices Under Section 148 of Income Tax Act, 1961 — Notices Quashed for Being Time-Barred and Lacking Proper Sanction. Reassessment notices for AY 2014-15 and 2015-16 were issued beyond the four-year time limit under Section 149 without any allegation of failure to disclose material facts, and the sanction under Section 151 was granted without proper application of mind.

4 Aug 2023

The petitioners, Shelf Drilling Ron Tappmeyer Limited, Shelf Drilling J.T. Angel Limited, and Shelf Drilling Trident XII Limited, are companies incorp...

High Court

Bombay High Court Dismisses Petition Challenging Late Filing of Written Statement in Commercial Suit — Service of Writ of Summons Not Mandatory When Defendant Has Entered Appearance and Received Plaint and Notice of Motion. The court held that the object of service of summons is to give notice, and if the defendant has already appeared and received the plaint, formal service is not required under Order VIII Rule 1 CPC and Section 16 of the Commercial Courts Act, 2015.

21 Dec 2022

The Petitioner, Metro Ortem Ltd, a public limited company, filed a Commercial Suit No. 3 of 2019 before the Bombay City Civil Court at Mumbai against ...

High Court

Bombay High Court Quashes Second Departmental Enquiry Against RPF ASI for Same Misconduct — Double Jeopardy Principle Under Article 20(2) of Constitution and Rule 219.4(b) of Railway Protection Force Rules, 1987 Bars Re-prosecution After Final Punishment

13 Aug 2021

The petitioner, Ramrao Maroti Shinde, an Assistant Sub-Inspector in the Railway Protection Force (RPF), was subjected to a departmental enquiry in May...

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