Search Results for "Article 233(2)"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "Article 233(2)"

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High Court

Limitation Act, 1963 – Article 113 – Right to sue accrued when the default in payments occurred – Declaration as a defaulter does not extend limitation period – Suit for recovery of membership dues held time-barred.

13 Mar 2025

a. Cause of action arose when the default in payment occurred, not when the respondents were declared defaulters.b. Suit filed beyond three years from...

Supreme Court

Forfeiture of Gratuity – No Conviction Required for Moral Turpitude – Supreme Court Clarifies Legal Position. Termination for misconduct constituting an offence involving moral turpitude permits forfeiture of gratuity even without a criminal conviction.

17 Feb 2025

Conviction Not Necessary for Forfeiture – The Supreme Court overruled the earlier interpretation in C.G. Ajay Babu (2018), holding that Section 4(6)...

Supreme Court

Supreme Court Grants Bail to Undertrial Prisoner in UAPA Case After Five Years of Custody. Unjustified Delay in Trial Violates Right to Speedy Justice – SC Directs Release on Bail with Conditions.

14 Feb 2025

Constitution of India, 1950 – Article 21 – Right to Speedy Trial – Prolonged incarceration of an undertrial prisoner for five years without conc...

Supreme Court

Supreme Court Allows CBI Appeal in Disproportionate Assets Case — Further Investigation Under Section 173(8) CrPC Permitted Despite Earlier Closure Report. The Court held that the Special Court could take cognizance on a charge sheet filed after further investigation under Section 173(8) CrPC even if a closure report under Section 173(2) CrPC had been previously accepted.

28 Apr 2023

The case involves appeals by the Central Bureau of Investigation (CBI) against a High Court order quashing the prosecution of D. Dwarakanadha Reddy (A...

Supreme Court

Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

5 Sep 2022

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

2 Dec 2021

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging MCGM Notice Under Section 354A of MMC Act — Suit Held Not Maintainable Due to Bar of Section 527 of MMC Act and Availability of Alternative Remedy Under Section 354A(3). The court held that the civil court's jurisdiction is barred when a statute provides a complete mechanism for redressal.

9 Oct 2013

The appellant, M/s. Akash Impex, a registered partnership firm, acquired suit property Gala No.24/25, CTS No. 240-C at Khetani Industrial Estate, Kurl...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Communication of Grounds in Tamil Language — Right to Make Effective Representation Violated Under Article 22(5) of Constitution of India. The court held that failure to provide grounds of detention in a language understood by the illiterate Tamil-speaking detenu infringed his constitutional right to make an effective representation, rendering the detention illegal.

19 Oct 2006

The petitioner, Anna Durai @ Dilli Ganpati Devendra, an illiterate Tamil-speaking person residing in Mumbai, was detained under Section 3(2) of the Ma...

High Court

Bombay High Court Quashes Detention Orders Under MPDA Act for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Orders Set Aside as Detaining Authority Failed to Consider Petitioners' Custody Status and Relied on Unverified In-Camera Statements.

30 Aug 2005

The petitioners, Pravin Nivrutti Pagare, Sunil Mahadeo Khandagale, and Vijay Premnath Gosavi, were detained under Section 3(1) of the Maharashtra Prev...

High Court

Bombay High Court Partially Allows Company's Challenge to Industrial Tribunal Award on Wage Revision and Dearness Allowance for Daily Rated Workmen — Settlement Reached During Pendency of Petition. The court directed the company to pay double the amount every month from 1.4.1991 based on a settlement between the parties.

6 May 2005

The petitioner, Goodlass Nerolac Paints Ltd., a public limited company incorporated under the Companies Act, 1956, with factories at Mumbai and Thane,...

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