Search Results for "original proceeding"

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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 "original proceeding"

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High Court

High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

3 Aug 2019

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

High Court

Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income-tax Act, 1961 for Lack of Fresh Material. Reassessment Based on Change of Opinion on Commission Payment to Directors Held Invalid as All Issues Were Examined During Original Assessment.

7 May 2013

The Petitioner, M/s. Dalal & Broacha Stock Broking Pvt. Ltd., a stock broking company, filed its return of income for Assessment Year 2008-09 declarin...

High Court

Bombay High Court Dismisses Petition Challenging Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1 CPC. Trial Court's Discretion Upheld as No Abuse of Process Found — Plaintiff Permitted to Withdraw Suit for Declaration and Injunction Due to Formal Defects, Subject to Costs.

22 Sep 2016

The petitioner, Ahemadbee Ashrafmiya Shaikh, was the original defendant No. 2 in Regular Civil Suit No. 26 of 2005 filed by respondent No. 1, Yusuf Fa...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found that plaintiffs failed to prove title and possession.

26 Jul 2022

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

High Court

Bombay High Court Allows State's Petition, Holds Gratuity Payable Only After Acquittal Attains Finality in Judicial Proceedings. The term 'judicial proceedings' under Rule 130(1)(c) of Maharashtra Civil Services (Pension) Rules, 1982 includes a criminal appeal against acquittal, and gratuity cannot be released until such appeal is finally decided.

19 Jul 2024

The case involves a writ petition filed by the State of Maharashtra challenging an order of the Maharashtra Administrative Tribunal (Tribunal) which d...

High Court

Judicial Scrutiny of RBI's Supersession of Abhyudaya Co-operative Bank's Board. Balance between Constitutional mandates and banking regulations reaffirmed.

18 Nov 2024

The Bombay High Court assessed the legality of the Reserve Bank of India's (RBI) supersession of the Board of Directors of Abhyudaya Co-operative Bank...

High Court

Bombay High Court Dismisses Petitions of Guarantors in Cooperative Bank Loan Recovery — Limitation Under Section 92(2) of Maharashtra Cooperative Societies Act, 1960 Applies, Not Limitation Act, 1963. Guarantors Held Liable as Nominal Members Under Section 73 of the Act, and Amendment Adding Them Relates Back to Date of Institution of Dispute.

11 Mar 2025

The petitioners, who executed guarantee bonds for a loan advanced by respondent No.1 bank to respondent No.2 society, challenged the judgment of the C...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Reopening Based on Change of Opinion Not Permissible. The court held that the Assessing Officer cannot reopen an assessment on the same material already examined in the original assessment under Section 143(3) of the Income Tax Act, 1961.

10 Feb 2023

The petitioner, Bharat Amratlal Shah, challenged a notice dated 31 March 2021 issued under Section 148 read with Section 147 of the Income Tax Act, 19...

High Court

Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

27 Feb 2023

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

High Court

Bombay High Court Partially Allows Appeal of Convicted Accused and Dismisses State Appeal in Murder Case — Conviction under Section 302 IPC Upheld for One Accused, Acquittal under Section 307 IPC Confirmed. The court held that the conviction of appellant No.2 under Section 302 IPC was sustainable based on his specific overt act of inflicting a fatal injury, but the conviction of appellant No.3 under Section 302 IPC was not sustainable as his act of causing simple injury did not attract murder liability.

11 Oct 2023

The judgment arises from two connected appeals: Criminal Appeal No.27 of 2017 filed by the original accused (Manik, Mahesh, and Siddheshwar Mote) chal...

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