Search Results for "total denial 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...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "total denial defence"

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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 Allows Petition Challenging Conditional Leave to Defend in Summary Suit — Triable Issue Found, Condition of Deposit Set Aside. Petitioners Entitled to Unconditional Leave to Defend Under Order XXXVII Rule 3 CPC as Facts Disclosed a Triable Issue Regarding Liability for Loan Disbursed Directly to Builder.

16 Oct 2025

The petitioners, Sanjay Mahadeoprasad Trivedi and Sneha Sanjay Trivedi, filed a writ petition under Article 227 of the Constitution of India challengi...

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....

High Court

Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Contradictory dying declarations cannot sustain conviction under Section 302 IPC without corroboration.

1 Mar 2012

The appellant, Prakash Dattaram Chavan, was convicted by the First Adhoc Additional Sessions Judge, Palghar, in Sessions Case No. 139 of 2003 for the ...

High Court

Bombay High Court Partly Allows Insurance Company Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof. Claimant's 100% Permanent Disability Acknowledged but Multiplier and Income Assessment Modified Under Motor Vehicles Act, 1988.

16 Feb 2010

The National Insurance Company Ltd. appealed against the judgment and order dated 7.6.2004 of the Motor Accidents Claims Tribunal, Pune, in Claim Peti...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Rs.1 Crore Based on Negotiable Instrument. Triable Issues Raised Regarding Consideration and Liability of Defendants Under Order XXXVII CPC.

28 Sep 2022

The plaintiff, Parag Jyotindra Gandhi, filed a commercial summary suit against the defendants, Jayant Narendra Mehta and Others, to recover a sum of R...

High Court

Bombay High Court Acquits Accused in Murder Case Based on Circumstantial Evidence — Chain of Circumstances Incomplete and Section 106 Evidence Act Not Invocable Without Foundational Facts. Conviction under Section 302 read with Section 34 IPC set aside as prosecution failed to establish complete chain of circumstances and recoveries under Section 27 Evidence Act were inadmissible.

29 Jul 2024

The appellants, Adina (A1) and Ankush (A2), were convicted by the Sessions Judge, Yavatmal, for the murder of Subhash Rathod under Section 302 read wi...

High Court

High Court at Bombay (Aurangabad Bench) Delivers Judgment in State Appeal Against Acquittal in Murder and Trespass Case under Sections 302, 447 read with 34 IPC

3 Oct 2017

The State of Maharashtra appealed against the acquittal of three respondents who were charged with the murder of Kanta, the younger brother of accused...

High Court

Bombay High Court Allows Revision Against Rejection of Section 311 CrPC Application for Summoning Defence Witnesses — Emphasizes Wide Discretion to Secure Just Decision. The court set aside the Trial Court's order and allowed the application subject to costs, holding that denial of opportunity to examine material witnesses would amount to denial of fair trial.

9 Jun 2026

The applicant, Ajay Kumar, filed a Criminal Revision Application before the Bombay High Court, Nagpur Bench, challenging the order dated 07.03.2026 pa...

High Court

Bombay High Court Upholds Acquittal of Accused in Murder Case on Ground of Insanity. Paranoid Schizophrenia Established Under Section 84 IPC — Act Done Without Knowledge of Nature or Wrongfulness.

27 Jan 2022

The State of Maharashtra appealed against the judgment and order dated 29.05.2003 of the learned ad-hoc Additional Sessions Judge, Sangli, in Sessions...

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