Search Results for "section 149(2)"

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High Court Dismisses Insurer's Appeal as Not Maintainable Due to Absence of Tribunal's Permission Under Section 170(b) of Motor Vehicles Act. Appeal Against Quantum of Compensation Fails as Insurer Did Not Obtain Leave to Contest Merits Beyond Statutory Defences.

The High Court of Judicature at Bombay, Bench at Aurangabad, dealt with an appeal filed by M/s Shriram General Insurance Company Limited against an aw...

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High Court of Bombay Allows Second Appeal in Eviction Case Under Transfer of Property Act, Setting Aside Decree for Forfeiture of Tenancy. Mere Denial of Derivative Title by Tenant Held Not to Constitute Forfeiture Under Section 111(g); Suit Dismissed for Lack of Rent Controller Permission.

The dispute arose from a suit for eviction filed by the respondent-landlady, who had purchased a property from a trust, against the appellant-tenants ...

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Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 Based on Change of Opinion. Reassessment Notice and Order Quashed as Assessing Officer Had No Fresh Tangible Material to Justify Reopening.

The petitioner, Aroni Commercials Limited, challenged a notice dated 28 March 2013 under Section 148 of the Income Tax Act, 1961 seeking to reopen its...

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Supreme Court Examines Validity of Notification Withdrawing Land from Acquisition Under Section 48 of Land Acquisition Act, 1894 After Possession Taken. Issue Concerns Whether Withdrawal Is Permissible When Acquisition Proceedings Had Attained Finality and Possession Was Taken Years Earlier.

The dispute concerned the validity of a notification under Section 48 of the Land Acquisition Act, 1894 withdrawing Survey No. 50 (6 acres 20 guntas) ...

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Bombay High Court Quashes Process Against Police Officer in Atrocities Act Case for Lack of Sanction Under Section 197 CrPC. Investigation Act Being Official Duty, Sanction Required Before Prosecution for Alleged Caste-Based Insult During Statement Recording.

The applicant, Dr. Kakasaheb Adinath Dole, a Sub-Divisional Police Officer, challenged the order issuing process against him in Regular Criminal Compl...

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High Court Quashes Trial Court Order Rejecting Secondary Evidence Application in Specific Performance Suit. Trial Court Directed to Permit Plaintiffs to Lead Evidence of Lost Agreement to Sell Upon Establishing Foundational Facts Under Section 65 of the Indian Evidence Act, 1872.

This writ petition under Article 227 of the Constitution of India was filed by the original plaintiffs against an order of the trial court rejecting t...

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Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

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Bombay High Court Dismisses Defamation Suit Against Advocate for Sending Complaint to Cooperative Registrar. Communication to Registrar Held Not 'Publication' as It Lacked Intent to Harm Reputation and Was Privileged Under Exception 9 to Section 499 IPC.

The plaintiffs, members of a cooperative housing society, filed a defamation suit against Defendant No.1 (a fellow member) and Defendant No.2 (her adv...