Search Results for "contentious proceeding"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "contentious proceeding"

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High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

8 Jan 2020

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

High Court

Bombay High Court Allows Appeal in Succession Certificate Case — Dispute Between Brothers Over Entitlement to Succession Certificate for Deceased Brother's Estate. Court holds that the respondent, being the elder brother, is entitled to the certificate as per Section 372 of the Indian Succession Act, 1925, but the appellant's claim as a creditor must be considered in separate proceedings.

29 Jul 2019

The present appeal was filed by Rajendra Sadashiv Shreshtha (the appellant) challenging the judgment and order dated 21-01-2019 passed by the 2nd Join...

High Court

Bombay High Court Dismisses Interim Application in Trust Dispute Over Appointment of Trustees and Management Control. Court holds that the balance of convenience lies in maintaining status quo pending trial, as the plaintiffs failed to establish a prima facie case for interim relief under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908.

30 Nov -0001

The present matter involves an interim application filed by the plaintiffs, Lilavati Kirtilal Mehta Medical Trust through its trustee Mrs. Charu Mehta...

High Court

Bombay High Court Quashes Subsequent FIR in Land Dispute — Abuse of Process Under Section 482 CrPC. Second FIR on identical allegations as earlier FIR quashed as not maintainable.

6 Apr 2017

The applicant, Mohammad Hisham Osmani, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Treat Probate Proceedings as Suit. Section 295 of Indian Succession Act, 1925 does not mandate automatic conversion of contentious probate proceedings into a suit; District Judge's discretion upheld.

20 Sep 2005

The petitioners, who were opponents in Civil Miscellaneous Application No. 102/03 filed by respondents 1 to 3 under Section 276 of the Indian Successi...

High Court

Bombay High Court Dismisses Petition Challenging Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1 CPC. Trial Court's Discretion Upheld as No Abuse of Process Found — Plaintiff Permitted to Withdraw Suit for Declaration and Injunction Due to Formal Defects, Subject to Costs.

22 Sep 2016

The petitioner, Ahemadbee Ashrafmiya Shaikh, was the original defendant No. 2 in Regular Civil Suit No. 26 of 2005 filed by respondent No. 1, Yusuf Fa...

Supreme Court

Supreme Court Quashes Criminal Complaint in Bigamy Case Under Section 482 CrPC Due to Abuse of Process. Family Court's Binding Finding That Accused Had No Prior Subsisting Marriage Renders Complaint Under Sections 494 and 495 IPC Meritless, Preventing Reagitation of Decided Issue.

21 Jan 2022

The appeal arose from a judgment of a Single Judge of the Gauhati High Court dated 4 April 2018, which dismissed an application under Section 482 of t...

High Court

Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Atrocities Case Due to Lack of Prima Facie Intent to Humiliate on Caste Basis. Land Dispute Leads to Assault and Caste Abuse, but Court Finds No Prima Facie Case Under Sections 3(1)(r), 3(1)(s) of SC/ST Act, 1989.

6 Nov 2019

The appeal was filed by six accused persons against the order of the Sessions Court rejecting their application for pre-arrest bail in Crime No. 91 of...

High Court

Bombay High Court Dismisses Husband's Second Appeal for Divorce on Ground of Desertion - Res Judicata Bars Subsequent Petition After Earlier Dismissal on Merits. The court held that a second petition for divorce on the ground of desertion is barred by res judicata when the earlier petition on the same ground was dismissed on merits, as the cause of action for desertion is a continuing wrong and the earlier decision operates as res judicata for the period up to the filing of the first petition.

7 Dec 2005

The appellant husband and respondent wife were married on 21 May 1991. After marital discord, the wife left the husband's company in 1992. The husband...

High Court

Bombay High Court Quashes Criminal Proceedings in Land Dispute Case Due to Civil Nature of Dispute. Family Settlement Mutation Entry Not Attracting Criminal Offences Under IPC Sections 420, 465, 467, 468, 471, 504, 506 r/w 34.

10 Jan 2017

The applicant, Smt. Linabai @ Pramilabai Dhivare, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bo...

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