Search Results for "Section 160 Evidence Act"

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Bombay High Court Partially Allows MTNL's Challenge to Arbitral Award in False Ceiling Contract Dispute. Court Upholds Award on Certain Claims but Sets Aside Award on Claim for Price Escalation Due to Lack of Evidence and Contrary to Contract Terms.

The petitioner, Mahanagar Telephone Nigam Ltd. (MTNL), challenged an arbitral award dated 29 March 2011 under Section 34 of the Arbitration and Concil...

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Bombay High Court Allows Insurance Appeal and Sets Aside Insurer’s Liability in Pillion Rider Death Claim. Pillion Rider Held Not a Third Party Under Act-Only Policy; Insurer Entitled to Recover Compensation from Vehicle Owner and Driver.

The case arose out of a motor accident claim petition filed by the legal representatives of the deceased pillion rider. The deceased, Shaikh Laikoddin...

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Bombay High Court Allows Winding Up Petition Against Debtor Company for Non-Payment of Decretal Debt. Decretal debt remains due and payable despite unsuccessful attempt to set aside ex-parte decree; no bona fide defence raised.

The petitioner, Gati Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 against the respondent, Atcom Technologie...

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Bombay High Court Considers Writ Petitions Challenging MHADA's Cancellation of Police Housing Lease — Allotment Under Slum Rehabilitation Scheme at Gaikwad Nagar Questioned

The High Court of Judicature at Bombay heard two connected writ petitions under Article 226 of the Constitution of India challenging an order of the M...

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Bombay High Court Acquits Appellant in Murder Case Due to Lack of Evidence and Unreliable Circumstantial Evidence. Conviction for murder of wife based on circumstantial evidence set aside as prosecution failed to prove chain of circumstances beyond reasonable doubt.

The appellant, Santosh Haridas Bhandwalkar, was convicted by the Additional Sessions Judge, Satara, for the murder of his wife, Dhanashree, under Sect...

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Supreme Court Allows Contractor's Appeal in ONGC Arbitration Dispute. Levy of Liquidated Damages Under Clause 2 of Contract Held Arbitrable, Not an Excepted Matter.

The Supreme Court of India heard two civil appeals arising from a judgment of the Delhi High Court Division Bench, which had set aside an arbitral awa...

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Bombay High Court Dismisses Employer's Writ Petitions Challenging Reinstatement Orders for Daily-Wage Employees. Termination of daily-wage employees without compliance with Section 25F of the Industrial Disputes Act, 1947 is illegal, and reinstatement with back wages is proper remedy.

The case involves four writ petitions arising from service disputes between the Maharashtra State Khadi and Village Industries Board (the employer) an...

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Bombay High Court Dismisses State Appeal Against Acquittal in Gang Rape and Dacoity Case Due to Unreliable Prosecutrix Testimony. Failure to Identify Accused and Contradictory Medical Evidence Led to Benefit of Doubt.

The State of Maharashtra appealed against the acquittal of four accused persons (Nakul Trimbak Bhangare, Ulhas Shankar Bhanushali, Suresh Budhaji Raut...

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Bombay High Court in Second Appeal Determines Whether Two Sale Deeds Give Rise to Distinct Causes of Action Under Order 2 Rule 2 CPC; Legal Heirs' Challenge to Second Alienation Not Barred by Splitting of Claims.

The litigation arose from two alienations of ancestral land by one Tikaram. Tikaram had sold 3.20 acres out of Khasra No. 189 to the defendants by a s...