Search Results for "Overruled precedent"

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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...
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Search Results for "Overruled precedent"

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High Court

Bombay High Court Dismisses Petitioner's Writ Petition and Income Tax Appeal for Non-Prosecution Due to Repeated Absence. Petitioner failed to appear on multiple hearings, leading to dismissal for default under Order 17 Rule 2 CPC read with Section 151 CPC.

12 Aug 2025

The petitioner, Vaibhav Maruti Dombale, filed a Writ Petition (No. 1489 of 2025) and an Income Tax Appeal (No. 21746 of 2025) before the Bombay High C...

Supreme Court

Supreme Court Refers Question of Interpretation of Section 14 of Hindu Succession Act, 1956 to Larger Bench Due to Conflicting Precedents. Property received by Hindu female in lieu of maintenance under a will creating life estate raises question whether it falls under Section 14(1) or 14(2).

9 Dec 2024

The present appeal arises from a suit for declaration and possession filed by the respondents (son and grandson of the testator) against the appellant...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator Despite SARFAESI and RDDB Act Objections — Arbitration Agreement in Sanction Letter Held Enforceable and Not Barred by Statutory Remedies. The court held that Section 34 of the SARFAESI Act and Section 18 of the RDDB Act do not bar arbitration proceedings, and the applicant's claim under the Sanction Letter dated 19th August 2019 is arbitrable.

15 Oct 2024

The applicant, Tata Capital Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arb...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

3 Sep 2024

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Complaint in Cheque Dishonour Case Under Section 138 NI Act. Revisional Court's Order Allowing Amendment to Add Partnership Firm as Accused Upheld as No Prejudice Caused.

28 Apr 2023

The case arises from a criminal writ petition filed by the petitioners (original accused and the partnership firm) challenging the judgment and order ...

Supreme Court

Supreme Court Refers Review Petitions on Women's Entry to Sabarimala Temple to Larger Bench — Constitutional Questions on Religious Freedom and Essential Practices Require Authoritative Determination by Seven-Judge Bench. The court identified an apparent conflict between Shirur Mutt and Durgah Committee regarding judicial review of essential religious practices under Articles 25 and 26 of the Constitution.

14 Nov 2019

The Supreme Court, in a judgment dated November 14, 2019, disposed of a batch of review petitions and connected matters arising from the earlier judgm...

High Court

Bombay High Court Allows Minority Dental College Admissions Based on MARDC-PAGICET 2013, Quashes Pravesh Niyantran Samiti's Order. The Court held that the Committee lacked jurisdiction to refuse approval for admissions made through a common entrance test conducted by a minority association, as the college had valid minority status and the test was permissible under the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015.

11 Oct 2018

The petitioners, including P.A. Inamdar and others, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 20...

High Court

Bombay High Court Dismisses Petition Challenging Government Resolutions on Mana Tribe Status in Light of Supreme Court Precedent. The court held that the issue of whether Mana is a subtribe of Gond is no longer res integra following the Supreme Court's decision in State of Maharashtra v. Mana Adim Jamat Mandal.

14 Jun 2017

The petitioners, Dr. Dayaram Bhagwanji Narnawre and his two minor sons, filed a writ petition challenging Government Resolutions dated 24.04.1985 and ...

High Court

Bombay High Court Dismisses ONGC's Challenge to Arbitral Award in Casing Pipes Supply Dispute. Liquidated Damages Deduction Set Aside as No Actual Loss Proven Under Section 74 of the Indian Contract Act, 1872.

25 Mar 2011

The case involves a dispute between Oil and Natural Gas Corporation Limited (ONGC), the petitioner, and Oil Country Tubular Limited, the respondent, a...

High Court

Bombay High Court Dismisses Appeal by Hindustan Petroleum Corporation Against Absorption of Canteen Sweepers as Regular Employees. Contract Labour (Regulation and Abolition) Act, 1970 - Absorption of contract labour engaged in canteen services in a statutory canteen directed based on Supreme Court precedent in Air India Statutory Corporation v. United Labour Union.

2 Dec 2005

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court in Writ Petition No.2382 of 1996. The learned Single Judge, relyin...

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