Search Results for "technicalities"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "technicalities"

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Supreme Court

Supreme Court Sets Aside High Court Order Directing De Novo Trial in Criminal Case Based on Procedural Irregularity in Charge Framing. The Court Held That Under Sections 464 and 465 of the Code of Criminal Procedure, 1973, a Mere Procedural Defect in Framing Charge Does Not Vitiate Trial Absent Demonstrated Prejudice or Failure of Justice, Especially When Accused Had Full Knowledge and Participated Actively for Over Fourteen Years.

25 Mar 2026

The appeal arose from a criminal case involving offences under Sections 147, 148, 149, 307, 302, and 120B of the Indian Penal Code, 1860, and Section ...

High Court

Bombay High Court Allows Refund of Stamp Duty Despite Delay in Filing Application Under Section 48(1) of Maharashtra Stamp Act. Limitation Bars Remedy Not Right, State Cannot Retain Double Stamp Duty on Same Transaction.

27 Aug 2024

The petitioner, Nanji Dana Patel, entered into a development agreement with Keshav Krishanlal Syngal on 3 March 2014, paying stamp duty of Rs.78,65,00...

Supreme Court

Supreme Court Allows Appeal Against High Court's Dismissal on Technical Ground in Property Transfer Case. High Court Erred in Dismissing Petition Solely Because Appellants Did Not Obtain Leave to File Fresh Case When Withdrawing Earlier Writ Petition, as Technicalities Should Not Defeat Substantive Justice in Constitutional Matters.

24 Apr 2023

The dispute involved appellants challenging restrictions on property transfer under Gujarat legislation. The appellants had initially filed Special Ci...

High Court

Karnataka High Court Allows Appeal in Declaration Suit Against Government — Notice Under Section 80 CPC Held Sufficient. Ex.P.7 Notice Complied with Requirements Despite Minor Defects, Lower Appellate Court's Reversal Set Aside.

18 Nov 2019

The appellant-plaintiff, R. Jayaraman, filed a suit for declaration and perpetual injunction against the respondents, who are government officials and...

High Court

Bombay High Court Allows Second Appeal Against Rejection of Condonation of Delay in Exparte Decree Case. Court Holds That Liberal Approach Is Required When Delay Is Not Due to Wilful Neglect and Sufficient Cause Is Shown.

19 Dec 2018

The case involves a Second Appeal filed by Pushkaraj Wagh (appellant/original defendant) against an exparte decree passed in Spl. Civil Suit No. 22/20...

High Court

High Court of Karnataka Dismisses Revision Petition Against Order Allowing Condonation of Delay in Filing Appeal — Limitation Act Section 5 Application Allowed on Costs. The court upheld the trial court's discretion to condone a delay of about 12 years in filing an appeal against a decree in a suit for permanent injunction, finding no jurisdictional error under Section 115 CPC.

5 Jan 2015

The petitioner, Mr. M Rathnavarma Padival, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging an orde...

High Court

Bombay High Court Dismisses PIL Challenging Land Allotment to Bhartiya Vidya Bhavan for School and Playground. Court upholds allotment as consistent with development plan reservation and public interest.

20 Oct 2012

The case is a Public Interest Litigation (PIL) filed by Dr. Surendra Ramlal Tiwari and Trimurty Nagar Ground Bachav Kruti Samiti challenging the allot...

High Court

Bombay High Court Quashes Allotment of Reserved Land for School and Playground to Private Trust in Public Interest Litigation. Land reserved for primary school, secondary school, and playground under Development Plan cannot be allotted to a private educational trust without following proper procedure and ensuring public purpose.

12 Oct 2011

The case involves a Public Interest Litigation filed by Dr. Surendra Ramlal Tiwari and Trimurty Nagar Ground Bachav Kruti Samiti challenging the actio...

High Court

Bombay High Court Allows Restoration of Condonation of Delay Application in Easement Rights Suit — Party Should Be Heard on Merits Rather Than Thrown Out on Technicalities. The court condoned a delay of 5 months and 15 days in filing restoration application, emphasizing that substantive rights should not be defeated by procedural technicalities.

1 Aug 2011

The petitioner, Sheshrao Vithobaji Lakhapurkar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order da...

High Court

Bombay High Court Allows Revision Applications in Land Acquisition Reference Dismissed Exparte Due to Advocate's Illness — Principles of Natural Justice Violated. The court held that dismissal of references without considering the advocate's sanctioned medical leave and without evidence was against natural justice, and restored the matters for hearing on merits under Section 18 of the Land Acquisition Act, 1894.

27 Oct 2010

The petitioner, Mukund s/o Bhimrao Kalshetti, owned land bearing Survey No. 36/2 admeasuring 45 R at village Shivani Kotal, Tq. Nilanga, District Latu...

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