Search Results for "averment"

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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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High Court

Bombay High Court Quashes Section 179 Order Against Director for Tax Dues of Company — No Finding of Willful Default or Non-Recovery Despite Reasonable Steps. The order under Section 179 of the Income Tax Act, 1961, was set aside as it failed to record a finding that the non-recovery of tax dues from the company was due to gross neglect, misfeasance, or breach of duty on the part of the director.

26 Jul 2022

The petitioner, Rajendra R. Singh, Chairman and Managing Director of Crest Paper Mills Limited (CPML), challenged an order dated 13 February 2018 pass...

High Court

Bombay High Court Dismisses Husband's Challenge to Amendment in Restitution of Conjugal Rights Petition. Amendment Seeking to Add Grounds of Cruelty Based on Extra-Marital Relationship Held Permissible as It Does Not Introduce New Cause of Action Under Order 6 Rule 17 CPC.

7 Jul 2022

The petitioner, Ariz Kohli, and the respondent, Tehzeeb Kohli, were married on 20 January 2002 under Muslim rites and have a son born on 1 August 2004...

High Court

Bombay High Court Dismisses Petitioner's Challenge to SRA Order in Slum Rehabilitation Dispute — Petitioner Failed to Prove Eligibility for Alternate Accommodation. The court held that the Annexure-II list is conclusive evidence of eligibility and the petitioner's claim was rightly rejected by the Slum Rehabilitation Authority.

6 Jul 2022

The petitioner, Dhanraj Bhagirath Gotwal, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 10.04.2014 p...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Cancellation of Nominee Appointments in Service Matters Due to Availability of Alternate Remedy Before Administrative Tribunal. Petitioners Failed to Demonstrate Exceptional Circumstances to Bypass Statutory Remedy Under Administrative Tribunals Act, 1985.

29 Aug 2022

The judgment pertains to two writ petitions filed by individuals whose appointments as nominees on District Level Committees for verification of claim...

High Court

Bombay High Court Allows Management's Writ Petition Challenging Education Officer's Reinstatement Order. The Court held that the Education Officer lacked jurisdiction to order reinstatement without prior approval of the Deputy Director under Section 5 of the MEPS Act, 1977.

25 Aug 2022

The petitioner, Rahuri Education Society, through its Secretary, filed a writ petition challenging an order dated 30-06-2018 passed by the Education O...

High Court

Bombay High Court Dismisses Appeal Against Order of Status Quo and Appointment of Receiver in Property Dispute. Court Holds That Suit for Declaration and Injunction Is Not Barred by Limitation or Res Judicata and That Receiver Cannot Be Removed Without Proper Application.

17 Aug 2022

The appeal arises from a suit filed by the respondents (Afzal Khan and others) against the appellants (Mehboob Ayub Khan and others) seeking declarati...

High Court

Bombay High Court Allows Appeal in Admiralty Suit for Arrest of Vessel — Sets Aside Ex-Parte Order of Arrest for Non-Disclosure of Material Facts. Court holds that a plaintiff seeking arrest of a vessel must make full and frank disclosure of all material facts, including the existence of an arbitration agreement and the vessel's status as a River-Sea Vessel under the Merchant Shipping Act, 1958.

19 Aug 2022

The case involves an appeal by the defendants, MT Pamboor 2 (the vessel) and Shiny Shipping & Logistics Private Limited, against an ex-parte order of ...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — No Substantial Question of Law Arises. Concurrent findings of fact on possession and part performance under Section 53A of Transfer of Property Act, 1882 upheld.

22 Aug 2022

The case involves a second appeal filed by the legal representatives of the original sole defendant against the judgment and decree passed by the lowe...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

19 Aug 2022

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

High Court

Bombay High Court Dismisses Appeal in Suit for Specific Performance and Injunction — Appellants Failed to Prove Readiness and Willingness to Perform Contract. Life Insurance Corporation of India's Termination of Agreement for Sale Upheld as Appellants Did Not Demonstrate Continuous Readiness and Willingness Under Section 16(c) of the Specific Relief Act, 1963.

7 Sep 2022

The case involves an appeal by Sanjeev Builders Private Limited and Vineet Builders Private Limited against Life Insurance Corporation of India (LIC) ...

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