Search Results for "misconceived"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "misconceived"

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High Court

Bombay High Court Allows Conditional Leave to Defend in Commercial Summary Suit for Recovery of Money — Defendant Directed to Furnish Bank Guarantee for 75% of Claim. Court holds that where defence is not bona fide, leave to defend may be granted on condition of furnishing security under Order XXXVII Rule 3 CPC.

26 Sep 2023

The plaintiffs, Agarwal Associates & Agencies and Smt. Manju Agarwal, filed a Commercial Summary Suit No. 15 of 2022 before the Bombay High Court agai...

High Court

Bombay High Court Allows Plaintiff's Application for Appointment of Court Receiver in Commercial Suit for Specific Performance — Defendant Failed to Demonstrate Prima Facie Case for Vacation of Injunction. Court held that the plaintiff had made out a strong prima facie case for appointment of Receiver to protect the suit property pending disposal of the suit.

1 Sep 2023

The plaintiff, Sanjay Madhusudhan Mehra, filed a Commercial Summary Suit No. 68 of 2021 against the defendants, M/s. Ahuja Properties and Associates a...

High Court

Bombay High Court Allows Writ Petition in SVLDRS Scheme Case — Rejection of Form 1 Quashed for Violation of Natural Justice. Petitioner Held Eligible for Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 Despite Pending Audit.

13 Sep 2023

The petitioner, P. N. Gadgil & Sons Ltd., a manufacturer and seller of gold/silver articles and jewellery registered under the Central Excise Act, fil...

High Court

Bombay High Court Quashes Transfer of Residential Schools for Disabled Students in Government Resolution Case — Violation of Principles of Natural Justice. Transfer of Management of Six Schools Without Hearing Petitioner Held Arbitrary Under Maharashtra Educational Institutions (Transfer of Management) Act, 1971.

5 Oct 2023

The petitioner, Marathwada Gramin Apang Vikas Mandal, a society running six residential schools for disabled children in Maharashtra, challenged a Gov...

High Court

Bombay High Court Allows Revision in Succession Case — Marriage of Deceased with Applicant No.1 Proved Valid, Entitling Her and Daughter to Succession Certificate. Court holds that presumption of marriage under Section 114 of Indian Evidence Act, 1872 applies when long cohabitation and public recognition are established, and that the Succession Court cannot decide title but only grant certificate to the person entitled.

3 Oct 2023

The applicants, Smt. Aruna Gautam Kamble and her minor daughter Sneha, filed a Miscellaneous Application under Section 372 of the Indian Succession Ac...

High Court

Bombay High Court Holds Anticipatory Bail Application Maintainable Despite Applicant's Custody in Another Crime. Section 438 CrPC Does Not Bar a Person Already Arrested in a Different Case from Seeking Pre-Arrest Bail.

31 Oct 2023

The applicant, Amar S. Mulchandani, filed an anticipatory bail application under Section 438 CrPC in connection with C.R.No.806 of 2019 registered at ...

High Court

Bombay High Court Allows Appeal in Insurance Claim Case Due to Breach of Policy Conditions — Insurer Not Liable for Losses Caused by Non-Insured Perils. The court held that the insured failed to prove that the fire was caused by an insured peril and that the claim was barred by breach of policy conditions regarding maintenance of fire extinguishers and non-disclosure of material facts.

30 Oct 2023

The present appeal arises from a judgment and decree dated 16th April 2014 passed by a Learned Single Judge of the Bombay High Court in Suit No.2716 o...

High Court

Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award in Partnership Dispute — Upholds Validity of Unregistered Partnership Deed for Reference to Arbitration. Section 69(3) of the Indian Partnership Act, 1932 does not bar a suit for dissolution of an unregistered firm or for accounts if the partnership is established by other evidence.

25 Oct 2023

The case involves a dispute between the appellants (Azizur Rehman Gulam Rasool and Jabbar Gulam Rassol Jamal) and the respondents (M/s. Radio Restaura...

High Court

Bombay High Court Allows Writ Petition Challenging Refusal to Revalidate NOC for Construction Near Air Force Station. Refusal based on non-existent policy and without hearing violates principles of natural justice and Article 14.

23 Oct 2023

The petitioner, Nitin Dwarkadas Nyati, sole proprietor of Nyati Housing, challenged letters dated 12th May 2021 and 20th September 2021 issued by Resp...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Commercial Dispute Over Coal Handling Services. Court upholds arbitral tribunal's finding that allegations of fraud were not serious enough to render dispute non-arbitrable and rejects challenge to award under Section 34 of Arbitration and Conciliation Act, 1996.

8 Nov 2023

The case involves a Commercial Arbitration Petition filed by Maharashtra Power Generation Company Ltd. (Petitioner) seeking to set aside an arbitral a...

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