Search Results for "averment"

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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 Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "averment"

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Supreme Court

Supreme Court Allows Appeal in Eviction Suit: Co-owners of Dissolved Partnership Firm Have Locus to Terminate Tenancy Without Attornment or Public Notice Under Section 45 of the Indian Partnership Act, 1932. The court held that the co-ownership arrangement was a family arrangement and not a transfer, and the defendant's conduct established jural relationship.

18 Dec 2019

The appeal arises from a suit for eviction and mesne profits filed by the original plaintiffs, seventeen individuals claiming as co-owners of a shop p...

High Court

CRIMINAL WRIT PETITION NO. 3301 OF 2018

9 Apr 2025

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High Court

Bombay High Court Quashes FIR Against Clerk in Gunthewari Irregularity Case — No Role in Sanctioning Proposals. Applicant, a clerk with no authority in sanctioning Gunthewari proposals, had FIR quashed under Section 482 CrPC as continuation would be abuse of process.

24 Sep 2025

The applicant, Goroba Vitthal Aavachar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing...

High Court

Bombay High Court Quashes Externment Proceedings Against Petitioner in Maharashtra Police Act Case — Show-Cause Notice and Externment Order Set Aside for Procedural Irregularities and Non-Application of Mind. The Court held that the right to reside in one's own locality under Article 21 cannot be curtailed without due process and that the externment proceedings were vitiated by non-application of mind under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951.

16 Sep 2025

The petitioner, Ganesh Maroti Bore, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a show-cau...

High Court

Bombay High Court Dismisses Revenue's Sales Tax Reference in Trade Discount Deduction Case. Tribunal's finding that discount was trade discount is a finding of fact, no question of law arises under Section 61 of Bombay Sales Tax Act, 1959.

18 Sep 2025

The case is a Sales Tax Reference under Section 61 of the Bombay Sales Tax Act, 1959, filed by the Commissioner of Sales Tax, Maharashtra State, again...

High Court

Bombay High Court Orders Release of Petitioner in Criminal Case Due to Violation of Article 22(2) and Section 58 BNSS — Failure to Produce Arrested Person Before Magistrate Within 24 Hours Renders Custody Illegal. The court held that non-compliance with the constitutional and statutory mandate of production before a Magistrate within 24 hours of arrest vitiates the detention and entitles the arrested person to release.

25 Sep 2025

The petitioner, Vicky @ Vikky Vilas Kamble, filed a writ petition before the Bombay High Court seeking release from custody in connection with C.R.No....

High Court

Bombay High Court Allows Impleadment Application in Suit for Declaration and Injunction — Members of Housing Society Seek to Protect Rights in Property Dispute. The court held that members of a co-operative housing society are proper parties to a suit involving the society's property and allowed their impleadment under Order 1 Rule 10 CPC, subject to conditions to avoid delay.

16 Sep 2025

The present application was filed by 61 members of Pariwar Co-operative Housing Society Limited seeking impleadment in a suit filed by Nitin Chandraka...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — No Concluded Contract Found. Agreement to Sell Not Finalized as Parties Did Not Reach Consensus on Essential Terms, and Suit Barred by Limitation Under Article 54 of Limitation Act, 1963.

30 Sep 2025

The plaintiff, Shree Construction Company, filed a suit for specific performance of an alleged agreement to sell a property against the defendants, in...

High Court

Bombay High Court Allows Writ Petitions Challenging Charity Commissioner's Order in Trust Dispute — Remands Matter for Fresh Consideration on Maintainability of Application under Section 41A of Maharashtra Public Trusts Act, 1950. The court held that the impugned order was passed without proper application of mind and in violation of principles of natural justice, and directed the Joint Charity Commissioner to decide the application afresh.

3 Sep 2025

The judgment arises from two writ petitions and an interim application challenging an order dated 30 January 2023 passed by the Joint Charity Commissi...

High Court

Bombay High Court Allows Writ Petition Quashing Detention Order Under M.P.D.A. Act Due to Non-Verification of In-Camera Statements. Subjective Satisfaction of Detaining Authority Vitiated as Statements Not Independently Verified.

9 Sep 2025

The petitioner, Sourabh Kalu Koli, challenged an order of detention dated 7th March 2025 passed by the District Magistrate, Kolhapur (Respondent No.2)...

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