Search Results for "Pleading and evidence"

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Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

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Bombay High Court Adjudicates Writ Petition Against Port Authority's Decision to Remove Employee on Disproportionate Penalty Grounds. The Court examines whether the disciplinary authority violated principles of natural justice and statutory procedure under MPE Regulations, 1964.

The petitioner, a Hindi Translator with the Mormugao Port Trust, faced disciplinary action culminating in his removal from service on 30.4.2011. He wa...

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FIRST APPEAL NO. 1272 OF 2019

The first appeal was preferred by the original opponent against the order cancelling her appointment as guardian of her husband. The appellant was app...

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High Court of Karnataka Dismisses Second Appeal in Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for permanent injunction dismissed as plaintiff failed to prove title and possession; substantial questions of law not made out.

The appellant, Smt. Sathyamma, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 3.1...

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Supreme Court Partly Allows Appeal in Assault Case, Modifies Sentence Under IPC While Acquitting Under SC/ST Act. Caste-based slur allegations failed as incident occurred in private land dispute, not in public view under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The appellant, Mani @ Subramaniyam, was convicted by the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,...

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Bombay High Court Dismisses Challenge to Arbitral Award in Stock Broker Dispute Under Section 34 of Arbitration and Conciliation Act, 1996. Court Upholds Award as Not Suffering from Patent Illegality or Being Against Public Policy, Refusing to Reappreciate Evidence.

The petitioner, Angel Capital & Debt Market Limited, a stock broker, challenged an arbitral award dated 16 May 2009 under Section 34 of the Arbitratio...

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Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

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Bombay High Court Grants Probate of Will in Testamentary Suit, Upholds Execution Despite Handwritten Additions and Suspicious Circumstances. Propounders Discharged Burden of Proof Under Section 63 of Indian Succession Act, 1925 by Examining Attesting Witness and Explaining Circumstances.

The plaintiffs, Kirit N. Damania and Shantaram V. Pikale, executors named in the Will of Shashikala Baburao Alandkar, sought probate of the Will dated...