Search Results for "Statutory purchase"

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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...
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Search Results for "Statutory purchase"

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High Court

Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

29 Oct 2013

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

High Court

Bombay High Court Dismisses Pre-emption Suit as Barred by Limitation — Portuguese Civil Code Article 1566 Governs Period for Pre-emption in Goa. Court holds that Article 1566 of Portuguese Civil Code, 1867 providing a 6-month limitation period for pre-emption suits is not impliedly repealed by the Indian Limitation Act, 1963.

21 Feb 2014

The appellants filed a suit for pre-emption against the respondents, seeking to exercise their right to purchase property. The suit was dismissed by t...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit, Upholds Trial Court's Finding of Loan Transaction Instead of Sale Agreement. Agreement to sell held to be a security for loan, not a genuine sale agreement, and plaintiff failed to prove readiness and willingness to perform contract.

10 Feb 2015

The petitioner, Smt. Shobha Janardhan Masram, filed a civil suit for specific performance of an agreement to sell dated 25-11-1994, claiming that the ...

High Court

Bombay High Court Allows Landowners to Use Reserved Land for Adjacent Purposes After Lapse of Reservation Period Under MRTP Act. Reservation for shopping complex and vegetable market lapses due to non-acquisition within 10 years under Section 127 of Maharashtra Regional and Town Planning Act, 1966.

30 Mar 2015

The petitioners, landowners of Survey Nos. 405/1, 406/2, 407/2, 410/2 and 411 of Mouza Gondia (Bk), challenged the reservation No. S169 in the Final D...

High Court

Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Perform Contractual Obligation Does Not Attract Offences Under Sections 406, 420, 120B IPC Without Evidence of Dishonest Intention at Inception.

10 Dec 2015

The judgment arises from a criminal application and writ petition filed by Mahendra Premji Gangar and Kalyanji Premji Gangar (applicants/petitioners),...

High Court

Bombay High Court Allows Rejection of Plaint in Electricity Supply Dispute — Holds that Disputes Between Licensees Fall Within Exclusive Jurisdiction of State Electricity Regulatory Commission Under Section 86(1)(f) of Electricity Act, 2003. The court interpreted the word 'and' in Section 86(1)(f) disjunctively, covering disputes between licensees inter se, and rejected the plaint under Order 7 Rule 11 CPC as the civil suit was barred.

28 Mar 2016

The plaintiff, Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL), a distribution licensee, filed a civil suit for damages against defendant...

High Court

Bombay High Court Quashes Blacklisting Order Against Contractor in ONGC Contract Dispute — Violation of Natural Justice as Show Cause Notice Did Not Specify Proposed Penalty. Show Cause Notice Must Clearly Indicate Intended Action of Blacklisting to Afford Meaningful Opportunity of Hearing Under Article 226 of Constitution of India.

2 Mar 2016

The petitioner, Anchor Offshore Services Ltd (Anchor), a company incorporated under the Companies Act, 1956, challenged a blacklisting order dated 5th...

High Court

Bombay High Court Allows Appeal Against Status Quo Order in Property Dispute — Bonafide Purchaser's Rights Protected. The court set aside the order of the Adhoc District Judge-I directing status quo, holding that the appellant had made out a prima facie case and the balance of convenience was in his favour.

5 Aug 2016

The appellant, Vijay A. Palekar, filed an appeal against an order passed by the learned Adhoc District Judge-I, which directed the appellant and respo...

High Court

Bombay High Court Quashes Criminal Proceedings in Drugs and Cosmetics Act Case — Lack of Sanction Under Section 32A Renders Prosecution Invalid. Failure to Obtain Mandatory Previous Sanction from State Government or Authorized Authority Before Filing Complaint Under Section 32 of Drugs and Cosmetics Act, 1940 Makes Entire Proceedings Void Ab Initio.

10 Oct 2016

The petitioner, Rajendra s/o Madhav Pate, was the original accused in Summary Criminal Case No. 671 of 2014 pending before the Judicial Magistrate Fir...

High Court

Bombay High Court Dismisses Revenue's Challenge to AAR Order on Capital Gains Tax Exemption for Non-Resident Share Transfer. Transfer of shares by non-resident to another non-resident outside India does not attract capital gains tax under Section 9(1)(i) of Income Tax Act, 1961 as the shares are not situated in India.

25 Nov 2016

The Commissioner of Income Tax, Goa, filed a writ petition challenging two orders dated 12.03.2010 and 15.06.2010 passed by the Additional Commissione...

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