Search Results for "physical capacity"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "physical capacity"

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High Court

Bombay High Court Allows Writ Petition Challenging Denial of Approval Under Section 10(23C)(vi) of Income Tax Act, 1961 — Trust Conducting Educational Institutions for Women Held Eligible for Exemption. The court held that the trust's main object is education of women and other objects are ancillary, thus the trust qualifies as an educational institution existing solely for educational purposes.

6 May 2010

The petitioner, Vanita Vishram Trust, is a public charitable trust registered under the Bombay Public Trusts Act, 1950. It has been conducting primary...

High Court

Bombay High Court Dismisses Both Wills in Sibling Dispute Over Mother's Estate — Suspicious Circumstances and Unnatural Dispositions Lead to Rejection of Probate. Both Wills failed to prove due execution and testamentary capacity, with the court finding that the propounders did not dispel the cloud of suspicion surrounding the wills.

21 Sep 2010

The dispute in these two testamentary suits is between a brother and a sister, each claiming probate of a will allegedly executed by their mother. The...

High Court

Bombay High Court Allows Wife's Appeal for Divorce and Maintenance in Hindu Marriage Act Case — Husband's Cruelty and Desertion Established Despite Dismissal of Earlier Petition. The court held that filing false complaints and desertion constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, and granted divorce with permanent alimony and child maintenance.

16 Sep 2011

The appellant, Smt. Shehnaz Arvind Mudbhatkal (the wife), filed Family Court Appeal No. 38 of 2006 against the judgment and decree dated 30th Septembe...

High Court

Bombay High Court Allows Interim Relief Under Section 9 of Arbitration Act in Commodity Exchange Dispute — Petitioner Granted Access to Warehouse for Inspection and Sampling of Steel Coils. Court held that preservation of subject matter is essential to prevent irreparable loss and that balance of convenience favored the petitioner.

9 Mar 2012

The petitioner, National Commodity and Derivative Exchange Ltd. (NCDEX), a multi-commodity exchange providing an online platform for trading futures c...

High Court

Bombay High Court Allows Appeal in Workmen's Compensation Case — Employer Not Liable for Injury Not Arising Out of Employment. Seaman's Back Injury While Shifting Food Boxes Held Not Covered Under Section 3 of Employees' Compensation Act, 1923 as Injury Did Not Arise Out of and in Course of Employment.

8 May 2012

The case involves an appeal by M/s Denklay Marine Services Ltd. and M/s Orinoco Marine Consultancy India Pvt. Ltd. against the judgment and order date...

High Court

Bombay High Court Allows Second Appeal in Suit for Possession Based on Licence — Limitation Issue Requires Trial. Courts below erred in dismissing suit on limitation without trial on that issue.

25 Oct 2012

The case involves a second appeal arising from a suit for possession filed by the appellants (plaintiffs) against the respondent (defendant). The suit...

High Court

Bombay High Court Quashes FIR in Rape Case Due to Compromise and Marriage — Petitioner and Respondent No.2 Married and Living Together, No Coercion Alleged. FIR under Sections 376(2)(n), 420 and 312 IPC Quashed as Continuation Would Be Abuse of Process.

5 Feb 2019

The petitioner, Ravindra Laxman Ghogardare, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad seeking quashing of FIR No. I266...

High Court

Bombay High Court Quashes FIR in Rape Case Due to Compromise and Marriage Between Parties — No Prima Facie Case Found as Couple Living Together.

5 Feb 2019

The petitioner, Ravindra Laxman Ghogardare, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad seeking quashing of FIR No. I266...

High Court

Bombay High Court Acquits Accused in Dowry Death Case Due to Unreliable Dying Declarations and Lack of Evidence of Abetment to Suicide. Oral dying declaration to PW3 and written dying declaration (Exh.54) discarded as unreliable; prosecution failed to prove cruelty under Section 498A IPC and abetment under Section 306 IPC.

7 Jun 2019

The appellants, Arun Sopan Kale, Anusayabai Sopan Kale, Sopan Raghoji Kale, and Gajanan Sopan Kale, were convicted by the 2nd Ad hoc Additional Sessio...

High Court

Bombay High Court Quashes Demolition Notice Under Section 354 of MMC Act for Violation of Natural Justice — Notice Issued Without Prior Hearing and Without Proper Application of Mind. The court held that a demolition notice under Section 354 of the Mumbai Municipal Corporation Act, 1888, must be preceded by a proper inquiry and an opportunity of hearing to the affected persons.

9 Jul 2019

The petitioners, residents of SmitDeep Apartment in Mumbai, challenged a notice dated 28 September 2015 issued under Section 354 of the Mumbai Municip...

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