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...

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Supreme Court

Supreme Court Reverses High Court Order Permitting Evidence in Arbitration Challenge. The Court held that the 2019 amendment to Section 34(2)(a) of the Arbitration & Conciliation Act, 1996 is clarificatory and limits evidence to the arbitral record, disallowing additional evidence in Section 34 proceedings except in exceptional circumstances.

19 Jan 2023

The dispute arose from an arbitral award dated 12.03.1998, which was challenged by the respondents through an application under Section 34 of the Arbi...

Supreme Court

Supreme Court Upholds Appointees in Drug Inspector Selection Case, Reversing High Court's Quashing of Appointments. The Court found no arbitrariness or illegality in the recast eligibility criteria, selection committee composition, or viva-voce marks allocation under the Jammu and Kashmir Subordinate Services Recruitment Rules, 1992, and reinstated the 2009 appointments.

28 Mar 2023

The dispute arose from the selection process conducted on 8 September 2009 for appointing drug inspectors in Jammu and Kashmir, resulting in the appoi...

Supreme Court

Supreme Court Allows Revision Petition in Consumer Execution Proceedings. Holds that Execution is Continuation of Consumer Dispute Under Section 21(b) of Consumer Protection Act, 1986.

6 May 2019

The present Civil Appeal arose out of execution proceedings initiated by the Respondent-Complainant, K. A. Nagamani, against the Appellant, Karnataka ...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Suit for Possession and Declaration of Title — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Specific Relief Act. The court held that the trial court erred in relying on extraneous material and that the plaint averments showed the suit was within limitation under Article 65 of the Limitation Act, 1963.

27 Jul 2022

The appellant, Manu Babu Patel, original plaintiff no.1, along with respondent no.7 (original plaintiff no.2), filed a suit in the Civil Judge, Senior...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Depreciation on Goodwill Not a Valid Reason for Reassessment. The court held that reopening based on change of opinion is impermissible and that depreciation on goodwill is allowable under Section 32(1)(ii) of the Income Tax Act, 1961.

25 Jun 2012

The petitioner, Bedmutha Industries Ltd., challenged a notice dated 29 November 2010 issued under Section 148 of the Income Tax Act, 1961, seeking to ...

High Court

Bombay High Court Dismisses Petition Challenging Eviction Order Under Maharashtra Rent Control Act. Competent Authority's Order for Possession Upheld Due to Non-Payment of Rent and Unauthorized Subletting.

3 Apr 2014

The petitioner, AMI Merchandising Pvt. Ltd., filed a writ petition under Article 227 of the Constitution challenging the judgment and order dated 14/0...

High Court

Bombay High Court Allows Expungement of Irrelevant Portions from Affidavit of Examination-in-Chief in Testamentary Suit — Irrelevant and Prejudicial Statements Struck Out to Ensure Fair Trial. The court held that portions of an affidavit that are not relevant to the issues in the suit and are likely to prejudice the trial must be expunged under the Indian Evidence Act, 1872.

10 Jun 2014

The applicant, Mrs. Mahabanoo Navroz Kotwal, filed a testamentary petition for probate of the alleged last Will and Testament of Nergish Keki Cassad, ...

High Court

Bombay High Court Quashes Charge Sheet Against Income Tax Officer for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction from the Central Government are invalid as the officer was not removable from service without such sanction.

20 Sep 2017

The petitioner, Shri Nai Pal Singh, an employee of the Income Tax Department working as Commissioner of Income Tax (Departmental Representative), file...

High Court

Bombay High Court Dismisses Tenant's Petition in Eviction Case Under Bombay Rent Act for Encroachment and Change of User. Concurrent findings of fact on grounds under Section 13(1)(c) and Section 13(1)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1974 upheld.

28 Nov 2017

The petitioner, Laxmibai Ganpati Bhingare, was the tenant of an open plot admeasuring 30 sq.ft x 20 sq.ft in Sangli, owned by the respondent, Shivaji ...

High Court

High Court of Karnataka Dismisses State's Petition to Cancel Anticipatory Bail in Cheating Case — No Supervening Circumstances Found to Justify Cancellation of Bail Granted Under Section 438 Cr.P.C. The court held that cancellation of bail requires supervening circumstances or misuse of liberty, and mere filing of a petition under Section 439(2) Cr.P.C. without such circumstances is not sufficient.

24 Apr 2014

The State of Karnataka, through the Ashoknagar Police Station, filed a criminal petition under Section 482 read with Section 439(2) of the Code of Cri...

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