Search Results for "technicality"

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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 "technicality"

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Supreme Court

Supreme Court Restores Consumer Complaint Dismissed on Technicality by NCDRC. The Court held that dismissal for non-filing of rejoinder and evidence was a technicality that defeated the purpose of the Consumer Protection Act, 1986, and that marginal delays should be condoned to ensure substantial justice.

10 May 2019

The appellants, Vibha Bakshi Gokhale and another, filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) agains...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted as Loan Advanced in 2010, Cheque Issued in 2012, Debt Not Legally Enforceable.

10 Apr 2026

The case involves a criminal revision petition filed by the accused, Gundu Sidray Birje, challenging his conviction under Section 138 of the Negotiabl...

High Court

High Court of Karnataka Quashes Order for Further Investigation Under Section 173(8) Cr.P.C. in SC/ST Case — Petitioner Not Given Opportunity of Hearing. Order directing further investigation set aside as it was passed without notice to the accused, violating principles of natural justice.

17 Jan 2019

The petitioner, M. Rubin Britto, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Cr...

High Court

Madras High Court Allows Arrest of Vessel for Maritime Claim Under Admiralty Act, 2017 — Bunker Supply Constitutes Necessaries. The court held that supply of bunkers to a vessel is a maritime claim under Section 4(1)(l) of the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 2017, and granted conditional arrest subject to furnishing of security.

6 Feb 2026

The plaintiff, Om Freight Forwarders Limited, a company engaged in freight forwarding and bunker supply, filed a civil suit under the Admiralty (Juris...

High Court

Madras High Court Allows Final Decree Application in Mortgage Suit Despite Limitation — Time Spent in Earlier Litigation Excluded Under Section 14 of Limitation Act. The court held that the plaintiff's final decree application was within limitation as the period during which the defendant challenged the ex parte decree was excluded under Section 14 of the Limitation Act, 1963.

29 Jan 2026

The case arises from a mortgage suit filed by M/s. Visu Financiers (plaintiff) against G. Sundararaj (defendant) for recovery of money due on a mortga...

High Court

Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Equipment Supply Dispute — Respondent's Failure to Appoint Arbitrator Justifies Court Intervention. Existence of Arbitration Clause Confirmed; Court's Role Limited to Section 11(6) of Arbitration and Conciliation Act, 1996.

12 Nov 2024

The petitioner, Master Drilling India Private Limited, entered into an Equipment Supply Agreement dated 01.10.2021 with the respondent, Sarel Drill & ...

High Court

High Court of Karnataka Allows Writ Petition Challenging Forfeiture of Leave Encashment — Corporation Cannot Forfeit Sanctioned Privileged Leave Encashment Without Legal Authority. The court held that once leave encashment is sanctioned by the competent authority, it becomes a vested right and cannot be forfeited without statutory backing.

20 Feb 2024

The petitioner, Smt. A. Alice, a former Senior Assistant at Karnataka Transmission Corporation Limited, retired on 30.04.2013. Prior to retirement, th...

High Court

Karnataka High Court Allows Landlord's Revision in Ejectment Suit, Dismisses Tenant's Revision — Landlord Establishes Title and Tenant Fails to Prove Ownership. Landlord Proves Title Through Registered Sale Deed and Tax Receipts; Tenant's Adverse Possession Claim Fails for Lack of Evidence of Ouster Under Section 18 of Karnataka Small Causes Court Act, 1964.

28 Jun 2023

The case involves two revision petitions arising from a suit for ejectment filed by Sri Ramula Sannidhi (plaintiff/landlord) against Sri Jabarchand (d...

High Court

High Court of Karnataka Quashes Land Reforms Tribunal Order in Land Grant Case — Petitioners' Father Was Granted Land Under Rule 43(5) of Karnataka Land Grant Rules, 1969, and the Land Was Not Granted Under the Land Reforms Act. The Assistant Commissioner and Tribunal lacked jurisdiction to initiate proceedings under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961.

7 Jan 2020

The petitioners, legal representatives of late D. Ramanatha Reddy, filed a writ petition under Articles 226 and 227 of the Constitution of India seeki...

High Court

High Court of Bombay Allows Pension Benefits to Retired Bank Employee Despite Delay in Deposit of Amount Under Joint Note. The court held that the three-day condition imposed by the bank was arbitrary and unreasonable, and that the petitioner's substantive right to pension could not be defeated by a procedural technicality.

18 Aug 2016

The petitioner, Ramesh Gajanan Nigudkar, joined the Bank of Baroda as a subordinate staff member on 4 March 1967 and retired after 39 years of unblemi...

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