Search Results for "rebuttal issue"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Appellant's Promotion in Cooperative Bank, Reverses High C...
Supreme Court Grants Leave and Examines High Court's Interpretation of Section 3...

Search Results for "rebuttal issue"

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High Court

Bombay High Court Enhances Compensation for Airport Land Acquisition in Marol Village — Market Value Fixed at Rs. 90 per sq. m. for 1981 and 1982 Notifications. Court Relies on Expert Valuer's Report and Rejects SLAO's Low Valuation Based on Inadequate Comparable Sales.

11 Dec 2024

The judgment pertains to two Land Acquisition References (LAR No.18 of 1988 and LAR No.19 of 1988) filed by A.H. Wadia Charity Trust (the Claimant) se...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Appellate Court Erred in Reversing Conviction Without Properly Appreciating Evidence and Rebuttal of Presumption.

13 Jun 2023

The case involves two appeals filed by the original complainant, Mrs. Usha Hiralal Kanojia, against a common judgment of the Additional Sessions Judge...

High Court

High Court of Karnataka Dismisses Petition Challenging Trial Court Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that the petitioner's explanation for non-appearance was not satisfactory and the application under Order 9 Rule 13 CPC was rightly dismissed.

13 Dec 2022

The present writ petition was filed by the legal representatives of the original plaintiff (since deceased) challenging the order dated 30.09.2016 pas...

High Court

Bombay High Court Dismisses Probate Petition in Will Dispute Due to Suspicious Circumstances and Failure to Prove Valid Execution. Will dated 21st March 1989 held not proved as the attesting witness failed to establish due execution and the propounder failed to dispel suspicious circumstances surrounding the Will.

13 Feb 2020

The suit was a challenge to a Will dated 21st March 1989 purportedly executed by late Tarapada Chatterjee, who died on 24th August 1990. The plaintiff...

High Court

Bombay High Court Allows Revision of Examination Order in Civil Suit — Right to Begin Evidence Not Absolute. Order 18 Rule 1 CPC permits court to direct which party shall begin, but such order can be reconsidered if circumstances change or if earlier order was passed without hearing the other side.

1 Nov 2018

The petitioners, original defendant nos.1, 2, and 3 in Regular Civil Suit No.273/2013, challenged the order dated 15.10.2018 passed by the Civil Judge...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Violation of Detenu's Right to Lead Oral Evidence Before Advisory Board. Failure to Inform Detenu of Right to Produce Witnesses Renders Detention Invalid.

4 Jan 2018

The petitioner, wife of the detenu Vishal Salunke, challenged the detention order dated 9th August 2017 passed under Section 3 of the Maharashtra Prev...

High Court

Bombay High Court Allows Plaintiffs to Lead Rebuttal Evidence in Specific Performance Suit Under Order 18 Rule 3 CPC. Plaintiffs granted permission to rebut evidence on supplementary agreement disclosed during trial.

24 Jul 2017

The plaintiffs, Usha D. Shah and another, filed two suits for specific performance of agreements for sale of flats, based on letters of allotment date...

High Court

Karnataka High Court Allows Rebuttal Evidence in Partition Suit Where Defendants Set Up a Will — Right to Rebut Evidence Under Order 18 Rule 3 CPC Is Not Automatic but Must Be Claimed at Appropriate Stage. The court held that when the burden of proof is on the defendants to prove a Will, the plaintiffs have a right to rebut that evidence even if they had not reserved the right earlier.

24 Mar 2014

The petitioners, who are the plaintiffs in a partition suit, filed a writ petition challenging the order of the trial court dated 11.07.2012 in O.S. N...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — No Fault Liability Principle Precludes Defence of Victim's Negligence. The Court held that the defence of wrongful act or neglect of the victim is not available in proceedings under Section 163A of the Motor Vehicles Act, 1988, as the provision is a complete code based on no fault liability.

6 Feb 2014

The appeal arises from a judgment and award dated 15th June 2010 passed by the Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 2554 of 1995. Th...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment of Plaint in Suit for Specific Performance. Amendment Seeking to Change Suit from Specific Performance to Declaration of Title and Possession Held Impermissible as It Introduces Inconsistent Case and Is Barred by Limitation.

30 Nov -0001

The petitioners, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 01.08.1994 executed by the predecessor-in-ti...

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