Search Results for "Overruled precedent"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Overruled precedent"

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Supreme Court

Supreme Court Allows Landowners' Appeal in Land Acquisition Compensation Case for Re-determination Under Section 28-A. The Court held that Section 28-A of the Land Acquisition Act, 1894, being a beneficial provision, permits re-determination of compensation based on appellate court awards to ensure equality among similarly placed landowners, overriding a strict interpretation of the definition of 'Court' under Section 3(d).

25 Mar 2026

The dispute arose from land acquisition proceedings for the Hubballi-Ankola Broad Gauge Line, where the appellants, landowners, lost their land and we...

High Court

Gujarat High Court Allows Video Conferencing for Conciliation in Divorce by Mutual Consent Case Under Hindu Marriage Act, 1955. The court held that the Family Court must adopt a pragmatic approach and permit a party residing abroad to participate in conciliation via video conferencing to facilitate settlement.

9 Mar 2026

The petitioners, Palakben Ravi Luni (Petitioner No. 1) and her husband (Petitioner No. 2), filed a joint petition for divorce by mutual consent under ...

High Court

Gujarat High Court Allows Video Conferencing for Conciliation in Divorce by Mutual Consent Case. The Court held that Section 9 of the Family Courts Act, 1984 and Section 23(2) of the Hindu Marriage Act, 1955 do not mandate physical presence and that video conferencing is permissible to facilitate conciliation when a party resides abroad.

9 Mar 2026

The petitioners, a married couple, filed a joint petition under Section 13(b) of the Hindu Marriage Act, 1955, for divorce by mutual consent. The marr...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Managing Director in Cheating Case Based on Res Judicata and Lack of Specific Allegations. The Court held that findings from previous Section 138 Negotiable Instruments Act proceedings are binding under res judicata, and prosecuting a director without arraying the company as an accused under Section 420 Indian Penal Code is impermissible.

16 Apr 2025

The dispute arose from business dealings between Ruchira Papers Ltd., represented by its Managing Director S.C. Garg (appellant), and I.D. Packaging, ...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

Supreme Court

Supreme Court Quashes High Court Order in Land Acquisition Case Due to Lack of Locus Standi of Subsequent Purchaser. Acquisition Proceedings Do Not Lapse Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as Subsequent Purchaser Cannot Challenge and Both Possession and Compensation Conditions Were Not Met.

13 Mar 2023

The dispute arose from a land acquisition case concerning Khasra No. 668/1 min and 668/2 in Village Satbari, New Delhi. The Government of NCT of Delhi...

Supreme Court

Supreme Court Allows Transfer Application in Civil Suit, Clarifying Common High Court's Jurisdiction Under CPC. Common High Court Has Power Under Section 24 CPC to Transfer Proceedings Between Civil Courts in Different States Within Its Territorial Jurisdiction, as Both Courts Are Subordinate, While Section 25 Applies Only to States with Different High Courts.

28 Feb 2023

The dispute originated from a suit filed by the appellants in 2007 in the District Court at Dimapur, Nagaland, seeking declaration of right, title, in...

High Court

Bombay High Court Allows Wife's Maintenance Claim Under Section 125 CrPC Despite Divorce, Upholds Right to Maintenance Until Remarriage. The court held that a divorced Muslim wife is entitled to maintenance under Section 125 CrPC beyond iddat if unable to maintain herself, and the father must maintain his minor daughter irrespective of the wife's conduct.

11 Aug 2016

The present criminal writ petition was filed by the wife (Rehana Sultana Begum) and her minor daughter (Sayeeda Sultana) under Section 125 of the Code...

High Court

Bombay High Court Dismisses Partner's Challenge to Prosecution Under Section 138 NI Act Without Joining Firm. Partnership Firm Not a Separate Legal Entity; Partner Can Be Prosecuted Individually for Cheque Dishonour.

29 Jan 2016

The case involves four criminal writ petitions filed by the petitioner, Philip J., challenging the order dated 23 July 2013 passed by the Additional S...

High Court

Bombay High Court Dismisses Petition Challenging Prosecution Under Section 138 NI Act Against Partner Without Joining Firm. Partner Can Be Prosecuted Individually as Vicarious Liability Under Section 141 NI Act Extends to Every Person in Charge of Business.

29 Jan 2016

The Bombay High Court decided four criminal writ petitions involving the same parties and a common question of law: whether a prosecution under Sectio...

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