Search Results for "substantial defence"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "substantial defence"

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High Court

Gujarat High Court Dismisses Second Appeal in Recovery Suit, Upholds Concurrent Findings on Preponderance of Probabilities and Section 58 of Evidence Act. Court holds that admitted facts need not be proved and appellate court's failure to frame points of determination does not vitiate judgment if no prejudice caused.

23 Feb 2026

The appellant, Rajendra Krishnalal Sandhu, proprietor of Bharat Marine Traders, filed a second appeal under Section 100 of the Code of Civil Procedure...

High Court

Bombay High Court Commutes Death Penalty to Life Imprisonment in Multiple Murder Case — Land Dispute Led to Brutal Killing of Four Family Members, but Case Not 'Rarest of Rare'. The court upheld conviction under Section 302 read with Section 34 IPC for murder of four persons but found mitigating circumstances outweighing aggravating factors, commuting death to life imprisonment.

13 Nov 2024

The case arises from a brutal incident on 28 June 2015 where three accused, Haribhau Telgote (66), his wife Dwarkabai (55), and their son Shyam (35), ...

High Court

Bombay High Court Dismisses Union of India's Petition Challenging Commencement Certificates for Construction Near Military Airbase. Court holds that mere proximity to a military airbase does not automatically invalidate building permissions, and that the petitioner failed to demonstrate any specific violation of the Aircraft Act, 1934 or the Works of Defence Act, 1903.

23 Oct 2023

The Union of India, through the Ministry of Defence, filed a writ petition before the Bombay High Court seeking quashing of Commencement Certificates ...

Supreme Court

Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

18 Jan 2022

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....

Supreme Court

Supreme Court Dismisses Appeals in Murder Case Due to Unreliable Evidence and Procedural Issues. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 302 Indian Penal Code, 1860, Amid Pathway Dispute and Inconsistent Eyewitness Testimony.

22 Nov 2021

The Supreme Court of India dealt with multiple criminal appeals arising from a common occurrence involving a pathway dispute between the prime accused...

Supreme Court

Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

27 Aug 2020

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

29 Jul 2019

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

High Court

Bombay High Court Dismisses Review Application in Second Appeal for Failure to Frame Substantial Question of Law — Error Not Apparent on Record. Non-formulation of substantial question of law under Section 100(4) CPC is a procedural irregularity correctable in appeal, not review under Section 114 CPC.

23 Dec 2014

The applicants, Park View Cooperative Housing Society Ltd. and Vinayak Narayan Ghatate, were the respondents in Second Appeal No.110/2011 before the B...

High Court

High Court of Karnataka Partly Allows Defendant's Petition and Dismisses Plaintiff's Revision in Summary Suit — Conditional Leave to Defend Upheld but Deposit Reduced. Court held that while the trial court had discretion to impose conditions under Order 37 Rule 3(5) CPC, the condition of depositing 50% of the suit claim was disproportionate and reduced it to 25%.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

High Court of Karnataka Upholds Conditional Leave to Defend in Summary Suit Under Order 37 CPC — Deposit of 50% of Suit Claim with Interest Upheld as Reasonable Condition. Court holds that while granting leave to defend, the trial court must balance the interests of both parties and can impose conditions to secure the plaintiff's claim, but such conditions must not be arbitrary or excessive.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

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