Search Results for "Section 34(1)"

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Bombay High Court Allows Writ Petition Challenging Invalidation of Scheduled Tribe Certificate for Migrant from Gujarat. Dhodia Tribe Recognized in Both States; Migration Does Not Disentitle Benefits in Maharashtra.

The Petitioner, Bankimchandra Makanbhai Patel, claimed to belong to the Dhodia tribe, which is recognized as a Scheduled Tribe under Article 342(1) of...

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High Court of Bombay Sets Aside Exparte Divorce Decree Due to Non-Compliance with Summons Service Rules. Family Court Failed to Require Affidavit of Bailiff or Examine Him as Mandated by Rule 19 of Family Court Rules, 1988 and Order V Rules 17, 19 of Code of Civil Procedure, 1908.

This is an appeal filed by the husband against an exparte decree of dissolution of marriage granted by the Family Court, Aurangabad on the grounds of ...

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Bombay High Court Dismisses Writ Petition Challenging EPF Recovery Proceedings Against Corporate Debtor Under IBC Moratorium. Held that Section 14 of IBC does not bar EPF recovery proceedings under Section 7A of EPF Act as they are not 'assets' of corporate debtor but trust money.

The petitioner, Galvanotek Industries Private Ltd., a corporate debtor undergoing insolvency resolution under the Insolvency and Bankruptcy Code, 2016...

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Bombay High Court Holds Caste Certificate Must Be from Native Place Authority in Scheduled Tribe Claim Case. Full Bench Answers Reference Affirmatively, Overruling Niraj More's View on Jurisdictional Validity of Caste Certificates.

The case arose from a reference made by a Division Bench in Rajendra Thakur v. State of Maharashtra, which disagreed with the earlier Division Bench d...

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Bombay High Court Dismisses Revision Against Execution of Preliminary Decree Under Specific Relief Act — Preliminary Decree for Specific Performance Is Executable Without Separate Final Decree Proceedings

The petitioner, claiming to be Opponent No.4 in Regular Darkhast No.25/2009 pending before the Civil Judge, Junior Division, Pathardi, filed a Civil R...

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Bombay High Court Quashes Entry Ban Against Social Activist in Goa — Violation of Fundamental Rights Under Article 19(1)(d) and (e) of Constitution. Ban Order Passed Without Providing Opportunity of Hearing and Without Recording Subjective Satisfaction as Required Under Section 144 CrPC.

The petitioner, Pramod Mutalik, the leader of Sri Ram Sene, filed a criminal writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Dismisses Union's Petition Challenging Transfer of Employees Under EPF Act — Transfer of Employees to Subsidiary Not a 'Transfer of Establishment' Under Section 7A of EPF Act

The petitioner, Aviation Karmachari Sanghatana, a trade union representing employees of Pawan Hans Ltd. (respondent no.1), filed a writ petition chall...

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Supreme Court Allows Appeal in Diamond Theft Case, Holding Accused's Statement Inadmissible Under Section 27 of Indian Evidence Act, 1872. Statement Leading to Recovery of Diamonds from Co-Accused Does Not Constitute Discovery Directly Outcome of Such Information, Failing to Satisfy Section 27.

The case involved a criminal appeal before the Supreme Court against the conviction of the appellant for theft of a parcel containing diamonds, along ...

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High Court of Karnataka Hears Regular First Appeals in Specific Performance and Permanent Injunction. Trial Court Dismissed Specific Performance Suit and Decreed Injunction; Plaintiff's Claim of Agreement to Sell and Possession Not Accepted, Subsequent Purchaser's Possession Protected.

The Regular First Appeals arose from a common judgment dated 13.09.2005 by the I Additional City Civil and Sessions Judge, Bengaluru, in two suits: O....