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Home - News - Page 276

Bombay High Court Upholds Public Status of Vahivat Road: Dismisses Claims of Exclusive Ownership, Citing Balance of Convenience and Irreparable Harm in Favor of Respondents
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Bombay High Court Upholds Public Status of Vahivat Road: Dismisses Claims of Exclusive Ownership, Citing Balance of Convenience and Irreparable Harm in Favor of Respondents

Court’s Decision The Bombay High Court dismissed two writ petitions challenging the District Court's decision, which overturned an injunction granted by the Trial Court. The injunction had restrained the respondents…
Posted by Rawlaw January 4, 2025
Supreme Court Remands Andhra Pradesh Assigned Lands Case: Sets Aside High Court Judgment Over Misconception Regarding Non-Alienability Under Revised Assignment Policy of 1958 and AP Assigned Lands (Prohibition of Transfer) Act, 1977
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Supreme Court Remands Andhra Pradesh Assigned Lands Case: Sets Aside High Court Judgment Over Misconception Regarding Non-Alienability Under Revised Assignment Policy of 1958 and AP Assigned Lands (Prohibition of Transfer) Act, 1977

Court's Decision: The Supreme Court of India set aside the common judgment of the Andhra Pradesh High Court dated 02.09.2008 in a series of writ petitions and appeals. It remanded…
Posted by Rawlaw January 4, 2025
Bombay High Court Upholds Stay Order in Dispute Over Specific Performance of Property Agreement: "Defendants Step into the Shoes of the Corporate Debtor"
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Bombay High Court Upholds Stay Order in Dispute Over Specific Performance of Property Agreement: “Defendants Step into the Shoes of the Corporate Debtor”

1. Court’s Decision The Bombay High Court dismissed the writ petition filed by Defendant Nos. 2 and 3 (subsequent purchasers of the disputed property). The petition challenged the trial court's…
Posted by Rawlaw January 4, 2025
Supreme Court Observes, "Suspicious Circumstances Must Be Resolved Before Declaring a Will Genuine"; Emphasizes Distinction Between Validity and Genuineness, Remands Case to Bombay High Court for Fresh Consideration
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Supreme Court Observes, “Suspicious Circumstances Must Be Resolved Before Declaring a Will Genuine”; Emphasizes Distinction Between Validity and Genuineness, Remands Case to Bombay High Court for Fresh Consideration

Court’s Decision: The Supreme Court of India allowed the appeal, setting aside the Division Bench's judgment of the Bombay High Court, which had granted Letters of Administration (LoA) based on…
Posted by Rawlaw January 4, 2025
Allahabad High Court: "Litigants Should Not Bear Double Court Fees on Remand"; Upholds Fairness and Orders Refund Under Section 13 of the Court Fees Act, 1870
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Allahabad High Court: “Litigants Should Not Bear Double Court Fees on Remand”; Upholds Fairness and Orders Refund Under Section 13 of the Court Fees Act, 1870

Court’s Decision The Allahabad High Court allowed the appeal, overturning the trial court’s rejection of the plaint due to non-payment of ad valorem court fees. The court held that the…
Posted by Rawlaw January 4, 2025
Supreme Court Upholds Partition Rights: Invalidates Disputed Will Shrouded in Suspicion, Reinforces Burden on Propounder to Prove Genuineness in Testamentary Disputes
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Supreme Court Upholds Partition Rights: Invalidates Disputed Will Shrouded in Suspicion, Reinforces Burden on Propounder to Prove Genuineness in Testamentary Disputes

Court’s Decision: The Supreme Court dismissed the appeal filed by the defendants (second wife and her children), affirming the decisions of the Trial Court and the High Court. Both lower…
Posted by Rawlaw January 4, 2025
Bombay High Court Dismisses Election Petition: Affirms Strict Compliance with RP Act, 1951, and Holds That Mere Irregularities in Voter Registration Cannot Void Election Results
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Bombay High Court Dismisses Election Petition: Affirms Strict Compliance with RP Act, 1951, and Holds That Mere Irregularities in Voter Registration Cannot Void Election Results

Court’s Decision The Bombay High Court dismissed an election petition challenging the validity of an election in the Pune Division Graduates' constituency. The court held that the petitioner failed to…
Posted by Rawlaw January 4, 2025
Supreme Court Dismisses Appeal Challenging Reliance on Police Records: Upholds Compensation Award and Reaffirms Preponderance of Probabilities in Motor Accident Cases
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Supreme Court Dismisses Appeal Challenging Reliance on Police Records: Upholds Compensation Award and Reaffirms Preponderance of Probabilities in Motor Accident Cases

Court’s Decision: The Supreme Court dismissed the appeal filed by ICICI Lombard General Insurance Co. Ltd. against the judgment of the Orissa High Court, which upheld an award of ₹6,77,164…
Posted by Rawlaw January 4, 2025
Allahabad High Court Upholds Withholding of Gratuity Pending Disciplinary Proceedings: “Entitlement to Full Pension and Gratuity Is Subject to Proceedings' Outcome”
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Allahabad High Court Upholds Withholding of Gratuity Pending Disciplinary Proceedings: “Entitlement to Full Pension and Gratuity Is Subject to Proceedings’ Outcome”

Court’s Decision: The Allahabad High Court dismissed the appeal challenging the withholding of gratuity and upheld the decision of the Single Judge. It ruled that gratuity cannot be claimed during…
Posted by Rawlaw January 4, 2025
Supreme Court Quashes Proclaimed Offender Status: Clarifies Section 174A IPC as an Independent Offense Despite Proclamation's Validity Under Section 82 CrPC
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Supreme Court Quashes Proclaimed Offender Status: Clarifies Section 174A IPC as an Independent Offense Despite Proclamation’s Validity Under Section 82 CrPC

Court’s Decision The Supreme Court quashed the proclaimed offender status of the appellant and closed all related criminal proceedings, including those under Section 174A IPC. The Court clarified that Section…
Posted by Rawlaw January 4, 2025

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