Environment -- Closure of power plants/units - Power plants are situated in an energy deficient State, which are in operation since 2015 - Closing of power plants would adversely affect power sector of State and which shall not be in larger public interest more particularly power deficient State - Appellant held, permitted to continue with the power plants subject to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - By way of amendment relief of possession sought as plaintiffs were dispossessed during pendency of suit - Whether plaintiffs were evicted during pendency of proceedings or prior to filing of suit or whether relief claimed is barred by limitation or not, to be determined during trial - Amendment..........
Commercial Courts Act, 2015, Section 12A -- Pre-institution mediation process - Non-compliance of S.12-A of the Act - Party cannot be non-suited for want of pre-institution mediation process where interim relief is prayed for...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Suit for return of gold ornaments - When a claim for realization of additional amount is added, it may amount to addition of a new relief - However, in the nature of present proceedings, addition of such a claim would not change the nature or character of proceedings - Such an addition may have..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Purchase of flat - Any deficiency detected post purchase opens up an avenue for aggrieved consumer to seek relief before consumer fora...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte divorce decree against wife - Setting aside - Father received summons by stating that she had gone out of station - Wife in her application did not state that she was not residing in the house of her father - Wife even in petition to High Court gave her address which is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plaintiff failed to demonstrate its right to claim the relief as sought in the plaint - Plaint rejected...........
Indian Penal Code, 1860, Section 228A -- Non-disclose of identity of rape victim - Directions issued to investigating agency/police authorities and all Courts in State of Maharashtra that : (i) Identity of victim should not be disclosed by any of authorities in charge sheet; (ii) further direction issued to all concerned agencies who are dealing with investigation of crime..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 148, 149, Arms Act, 1959, Section 25(1B) -- Bail - Attempt to murder - Bail granted to accused with condition that within 15 days of release from prison, accused shall procure a smart phone and inform its IMEI number and other details to SHO/I.O. of Police station concerned - Accused..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Where the plaintiffs are entitled to declaration of their half share in suit property, it is not open to them to maintain a suit for injunction as against other co-owners of remaining half share - Relief of injunction as prayed by plaintiffs in respect of entire property rightly rejected...........
