Search Results for "second petition maintainability"

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Supreme Court Partially Allows Appeal in Mortgage Accounting Suit; Usurious Loans Act Not Applicable as Mortgage Executed Before Its Extension to Cantonment Area.

The dispute arose from a usufructuary mortgage executed on 14 July 1933 by four mortgagors in favour of one Khanmull over a property in the Cantonment...

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Supreme Court Allows Tenant's Appeal in Rent Control Jurisdiction Case — Decree Passed After Act's Applicability Is Void. Civil Court Loses Jurisdiction Once Rajasthan Rent Control Act, 2001 Applies to Area; Decree Passed Thereafter Is Void Ab Initio.

The Supreme Court allowed the appeals filed by the tenant-appellants against the judgment of the Rajasthan High Court which had dismissed their revisi...

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Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Salvor's Claims for Idling Charges in Salvage Contract Dispute. Court upholds arbitral tribunal's finding that salvor failed to prove breach of contract and damages, and that claims were barred by accord and satisfaction.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a three-member tribunal i...

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Supreme Court Examines Challenge to Regularisation Certificate Issued Under Mixed Land Use Policy for Diagnostic Centre in Residential Area. High Court Had Declined Writ Jurisdiction Over the Matter.

The case involved a dispute over a diagnostic centre operating in a residential building in Hauz Khas, New Delhi. The appellant, Anirudh Kumar, a resi...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Employee. Negligence of Driver and Owner Established; Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The case involves an appeal filed by the National Insurance Co. Ltd. under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and aw...

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Bombay High Court Hears Petition to Set Aside Arbitral Award Directing Indemnity for Depreciation Disallowance. Petitioners Argue that Clause 14 of Lease Agreement Does Not Cover Income Tax Depreciation Denial and Rely on Identical Clause Interpretation in Prior Judgment.

The dispute arose from a lease agreement executed in 1997 between Borosil Glass Works Limited (lessee/petitioner) and Tata Motors Limited (lessor/resp...

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High Court of Karnataka Allows Appeal in Guardians and Wards Act Case — Custody of Minor Child Granted to Grandparents Based on Welfare Principle. Section 25 of the Guardians and Wards Act, 1890 — Court held that welfare of the minor is paramount and biological father's right is not absolute.

The case involves a dispute over the custody of a minor child under Section 25 of the Guardians and Wards Act, 1890. The appellants, the grandparents ...