Search Results for "Section 171"

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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Lack of Credible Evidence. Acquittal of Accused for Offences Under Sections 302, 449, 342 IPC Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The State of Gujarat appealed against the judgment and order dated 10.12.1997 passed by the learned Additional Sessions Judge, Rajkot in Sessions Case...

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High Court of Karnataka Dismisses Appeal by KPTCL Against Order Directing Disbursement of Pension to Retired Employee. Withholding of Pension Without Disciplinary Proceedings or Pension Rules is Arbitrary and Unjustified.

The case involves a retired employee of Karnataka Power Transmission Corporation Limited (KPTCL) who superannuated on 31.05.2022. The Corporation with...

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Bombay High Court Dismisses Petition Seeking Voting Rights for APMC Representatives in Legislative Council Elections. Agricultural Produce Market Committee Not a Local Authority Under Article 171 of the Constitution of India.

The petitioner, Radhakishan Deorao Pathade, Chairman of the Super Agricultural Produce Market Committee (APMC), Aurangabad, filed a writ petition seek...

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Bombay High Court Allows Interim Compensation Under Section 140 of Motor Vehicles Act in Fatal Accident Cases. No-Fault Liability Principle Applied to Grant Interim Relief Without Proof of Negligence.

The judgment pertains to three first appeals filed by the claimants against the order of the Motor Accident Claims Tribunal rejecting their applicatio...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Land Revenue Dispute — Finds No Error in Revenue Authority's Order Based on Prior Civil Court Decree. Mutation Entry Does Not Confer Title and Petition Barred by Delay and Laches.

The petitioners, legal heirs of Laxman Shankar Bandgar, filed a writ petition challenging the order of the Deputy Collector (Land Reforms), Latur, dat...

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Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

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Bombay High Court Allows Writ Petition Challenging SARFAESI Act Possession Notice — Bank Directed to Consider One-Time Settlement Offer. Failure to Consider OTS Proposal Before Taking Possession Violates Principles of Fairness and Natural Justice Under Section 13(2) of SARFAESI Act, 2002.

The petitioner, Surendra Nikose, had availed a housing loan from the State Bank of India (respondent). Due to financial difficulties, he defaulted on ...