Search Results for "Section 47(3)"

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings on Partition and Adverse Possession. The court held that the appellant failed to prove exclusive title and that the suit was barred by limitation and res judicata.

The case involves a property dispute over Gut No. 152, Old Survey No. 76, admeasuring 5H 36R (13 acres) at Village Pimpri, Taluka Khurd, District Aura...

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Bombay High Court Upholds Eviction Decree Against Tenant for Non-User and Landlord's Bonafide Requirement Under Bombay Rent Act. Tenant's occasional use of premises does not constitute continuous residence; landlord's need for own use justified eviction.

The dispute arises from a suit for eviction filed by the landlord (respondent) against the tenant (petitioner) under the Bombay Rents, Hotel and Lodgi...

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Supreme Court Clarifies Remission Power Under Section 432 CrPC — Emphasizes Need for Application, Reasoned Orders, and Procedural Fairness. The Court held that suo motu remission is impermissible, conditions must be reasonable, automatic revocation invalid, and reasons must be recorded for rejection.

The Supreme Court, in a suo motu writ petition, examined the scope and limitations of the power of the appropriate Government to remit sentences under...

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Supreme Court Dismisses Appeal Against Refusal to Sanction Variation of Town Planning Scheme. State Government's Refusal to Delete Internal Road Upheld as Valid Exercise of Discretion Under Section 91 of the Maharashtra Regional and Town Planning Act, 1966.

The appeal arose from a judgment of the Bombay High Court dismissing a writ petition filed by the appellant trust. The trust challenged an order dated...

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Bombay High Court Quashes Criminal Proceedings Against Petitioner Due to Lack of Specific Allegations and Improper Condonation of Delay. FIR and Chargesheet Failed to Attribute Any Specific Words or Acts to the Petitioner, and Delay of Almost Three Years in Filing Chargesheet Was Not Justified.

The petitioner, Sanjay Nirupam, challenged an order dated 28.04.2015 passed by the Judicial Magistrate First Class, Bhandara, which condoned a delay o...

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Karnataka High Court Allows Appeal in Partition Suit — Property Acquired by Father-in-Law Not Joint Family Property. Daughter-in-law cannot claim share in property purchased by father-in-law in name of son as it is not ancestral or joint family property under Hindu Succession Act, 1956.

The case involves a Regular First Appeal filed by the second defendant against the judgment and decree of the trial court in a partition suit. The pla...