Search Results for "Supreme Court discretionary power"

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Bombay High Court Quashes FIR in Dowry Prohibition Act Case Due to Lack of Territorial Jurisdiction. Offence Alleged to Have Occurred in Goa, Not Pune, Rendering FIR at Khadak Police Station, Pune Unsustainable.

The petitioners, Mohamed Rizwan Memon, his wife Nida Rizwan Memon, and Nausheen Hasan Memon, filed a criminal writ petition under Articles 226 and 227...

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Supreme Court Allows Wife's Appeal in Divorce Case, Restores Family Court's Dismissal of Husband's Petition. Cruelty Allegations Based on Wife's Professional Success and Refusal to Leave Job Do Not Constitute Legal Cruelty Under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

The Supreme Court considered an appeal by the wife against the High Court's judgment allowing the husband's divorce petition. The marriage was solemni...

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Bombay High Court Quashes GCZMA Demolition Order for Lack of Quorum and Violation of Natural Justice. Petitioner's 18 rooms saved as sub-committee meeting with only 4 members violated requirement of 5 members for cases directed by High Court.

The petitioner, Shri Sylvestre D'Souza, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 15/02...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 04.08...

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Bombay High Court at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

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Bombay High Court Dismisses Petition Challenging Interim Compensation Order in Lease Dispute. Appellate court's order granting interim compensation under Section 43(1) of the Presidency Small Cause Courts Act, 1882 upheld as compensatory and not penal.

The petitioners, heirs of the original lessee Hashambhai Jetha, were granted a lease of a plot of land admeasuring 3341 sq. yards by an Indenture of L...

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High Court of Karnataka Dismisses Appeal by Industrial Development Board in Suit for Declaration and Injunction — Board's Failure to Prove Title and Possession Leads to Dismissal of Appeal.

The appeal was filed by the Karnataka Industrial Areas Development Board (KIADB) and its officers against the judgment and decree dated 12.12.2012 pas...