Search Results for "procedural technicality"

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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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.

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

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High Court Acquits Accused in Rape Case Due to Procedural Defects and Insufficient Evidence - Fundamental Error in Framing Charge Under Deleted Provision and Inconsistent Testimony Fail to Sustain Conviction Under IPC

The High Court allowed the criminal appeal filed by Appellant against his conviction and life imprisonment under Section 376(3) of the Indian Penal Co...

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Supreme Court Enforces Foreign Award in Two-Tier Arbitration — Holds ICC Award Enforceable Despite Prior Indian Award. Two-Tier Arbitration Clause Valid Under Indian Law; Natural Justice Opportunity Afforded to Respondent.

The dispute arose from a contract between Centrotrade Minerals and Metals Inc., a US corporation, and Hindustan Copper Ltd. (HCL) for the sale of copp...

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Supreme Court Dismisses Revenue's Appeal in Income Tax Assessment Nullity Case Due to Amalgamation. Assessment in Name of Non-Existent Entity Held Void Despite Participation by Successor Company.

The Supreme Court dismissed the appeal filed by the Revenue against the judgment of the Delhi High Court which had upheld the Income Tax Appellate Tri...

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Bombay High Court Allows Appeal in Cooperative Fisheries Dispute — Remands Matter for Fresh Consideration on Merits. Procedural Technicality of Delay Cannot Override Substantial Justice When Appeal Dismissed Without Considering Condonation Application.

The appellants, cooperative societies and their presidents, filed a Letters Patent Appeal against the judgment of a learned Single Judge of the Bombay...

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Bombay High Court Allows Writ Petition Challenging Fresh Eviction Proceedings After Earlier Dismissal Attained Finality — Principle of Res Judicata and Estoppel Applied to Bar Second Eviction on Same Grounds Under Section 120C of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.

The petitioner, Ashok Bhaurao Sardar, was a tenant of agricultural land owned by respondent no.4, Roopnath Maharaj Sanstha Trust. The Trust initiated ...

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Bombay High Court Dismisses Bank's Writ Petition Challenging Rejection of Boundary Correction in Execution Proceedings. Executing Court Cannot Modify Decree by Altering Property Description Beyond Decree's Terms Under Section 47 of CPC.

The Petitioner, The Ratnakar Bank Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12/04/2012 ...

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Madras High Court Allows Appeal in Recovery Suit Filed by Newspaper Publisher Against Advertising Agency for Unpaid Bills. Court Decrees Suit for Principal Amount with Interest at 6% Per Annum.

The appellant, Kasturi and Sons Ltd., publisher of 'The Hindu' and other publications, filed a suit for recovery of Rs.10,03,322.50/- against the resp...