Search Results for "Article 173"

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Railway Project. Publication in Official Gazette and Local Newspapers Held Sufficient Compliance Under Section 4(1) of Land Acquisition Act, 1894.

The petitioners, 70 individuals, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition of their lands for t...

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Bombay High Court Dismisses Application for Amendment in Commercial IP Suit Due to Delay and Lack of Due Diligence. Amendment After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC as Plaintiffs Failed to Show They Could Not Have Raised the Matter Earlier.

The present Interim Application No. 752 of 2024 was filed by the original plaintiffs, Ramnish Verma and Finesse Fashions Pvt. Ltd., in a pending Comme...

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Bombay High Court Quashes Additional Charge Under Section 304-B IPC Against Husband and Mother-in-Law in Dowry Death Case. Absence of Evidence of Demand of Dowry 'Soon Before Death' and Lack of Proximate Link Between Cruelty and Suicide Precludes Framing of Charge Under Section 304-B IPC.

The applicants, Vinod Babaso Bhosale (husband) and Chhaya Babaso Bhosale (mother-in-law), were accused in Sessions Case No. 148 of 2015 pending before...

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Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

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Bombay High Court Dismisses Employer's Petition Challenging Tribunal's Order Setting Aside Dismissal for Unauthorized Absence. Employer Failed to Prove Service of Charge-Sheet and Conduct Fair Inquiry Under Section 33(2)(b) of Industrial Disputes Act, 1947.

The Petitioner-Company, M/s. Permanent Magnets Ltd., challenged the judgment and order dated 28.4.2004 passed by the learned Member of the Industrial ...

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Bombay High Court Dismisses Management's Petition Challenging School Tribunal's Order Setting Aside Supersession of Senior Teacher for Headmistress Post. Appointment of Junior Teacher Based on Interview Without Following Seniority-Cum-Merit Under MEPS Act and Rules Held Invalid.

The petitioner, Mahila Samiti Trust, runs an educational institution. Respondent No.1, Smt. Kiran Sham Shivnani, was appointed as an Assistant Teacher...

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Bombay High Court Allows Employer's Petition in Date of Birth Correction Case — Employee Failed to Prove Correct Date of Birth. Labour Court and Industrial Court Orders Set Aside as Employee Did Not Challenge Employer's Evidence and Delay in Raising Dispute Was Fatal.

The petitioner, Maharashtra State Farming Corporation Ltd., challenged the common judgment of the Labour Court and the order of the Industrial Court, ...