Search Results for "narrow interpretation"

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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 "narrow interpretation"

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High Court

Bombay High Court Dismisses Insurer's Writ Petition Against Insurance Ombudsman Award in Life Insurance Claim. Non-Disclosure of Pre-Existing Ailments Not Proven to be Material Under Section 45 of Insurance Act, 1938.

18 Aug 2022

The petitioner, Aditya Birla Sun Life Insurance Co. Ltd., challenged an award dated 31 December 2020 passed by the Insurance Ombudsman, Goa/Mumbai Met...

High Court

Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

13 Oct 2022

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

High Court

Bombay High Court Allows Petition in Partition Suit — Remands for Framing of Limitation Issue. Order 41 Rule 25 CPC empowers appellate court to frame additional issue when trial court fails to frame issue on limitation despite plea raised in written statement.

15 Nov 2022

The petitioner, Latif Karim Sahab Shaikh, filed a writ petition challenging the order dated 09.06.2022 passed by the Adhoc District Judge-2, Bhoom, re...

High Court

High Court of Bombay Allows Bank to Rely on Additional Documents in Commercial Suit — Procedural Flexibility Under Order VIII Rule 1A CPC and Commercial Courts Act. The Court held that refusal to allow additional documents at the stage of evidence would cause irreparable prejudice to the defendant-bank, as the documents were relevant to the defence and the plaintiff could be compensated by costs.

10 Nov 2022

The petitioner, Bank of Baroda, was the defendant in a commercial suit filed by the respondent, Gujarat Cables and Enamelled Products Pvt. Ltd., for r...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Tax Case — ITAT Correctly Quashed Commissioner's Revisional Order Under Section 263 of Income Tax Act. The Court Held That the Assessing Officer's Order Was Not Erroneous or Prejudicial to Revenue as Inquiries Were Conducted and a Plausible View Was Taken.

14 Jan 2021

The case involves a tax appeal by the Principal Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which set asi...

High Court

Bombay High Court Grants Default Bail to Activist in UAPA Case for Failure to File Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) CrPC is indefeasible and the period of house arrest cannot be excluded from the computation of the 90-day period.

8 Feb 2021

The appellant, Gautam P. Navlakha, a 69-year-old scholar, writer, and civil rights activist, was arrested on 28/10/2018 in connection with FIR No. 4 o...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Deceased a Bona Fide Passenger Based on Ticket Recovery. Recovery of a valid ticket from the deceased's pocket establishes passenger status, and the Railways' failure to rebut the presumption under Section 123(c)(2) of the Railways Act, 1989 entitles dependants to compensation.

23 Mar 2021

The appellants, being the widow, sons, and mother of the deceased Suresh Gharat, filed a claim application before the Railway Claims Tribunal, Mumbai,...

High Court

Bombay High Court Dismisses Review Petition with Costs in Arbitration Appointment Case. Review Petition Found Misconceived, Mischievous, and Vexatious Under Commercial Courts Act, 2015.

4 Aug 2021

The Bombay High Court dismissed a Review Petition filed by Priyanka Communications (India) Pvt Ltd and others (the Agarwals) against an order appointi...

High Court

Bombay High Court Dismisses Petition Challenging Disqualification of Sarpanch for Lack of Toilet Facility — Petitioner Not a Person Aggrieved Under Section 16(2) of Maharashtra Village Panchayats Act, 1958. The court held that a person who is not a voter or qualified to be a member of the Gram Panchayat cannot maintain disqualification proceedings.

4 Jan 2020

The petitioner, Waghji Bhivaji Bhalerao, a resident of Gram Panchayat Khandala, filed a disqualification application under Section 14(1)(j-5) of the M...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. The court upheld the trial and appellate courts' decisions that the plaintiffs were co-owners of the suit property and that the sale deed executed by the defendants was void for lack of consideration and non-compliance with legal requirements.

3 Mar 2020

The case involves a second appeal filed by the appellants (defendants 15 and 16 in the original suit) against the judgment and decree of the first app...

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