Search Results for "consent irrelevant"

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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 "consent irrelevant"

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High Court

Bombay High Court Quashes Disqualification of Gram Panchayat Member for Pre-existing Encroachment — Section 14(1)(j-3) of Bombay Village Panchayats Act, 1958 Not Attracted for Encroachment Made Prior to Election. The court held that the disqualification provision applies only to encroachments made after the member's election or during his tenure, and since the construction was made in 1996 and assessed by the Gram Panchayat from 2000, the petitioner could not be disqualified.

5 Nov 2012

The petitioner, Santosh Maruti Walanj, was elected as a member of Gram Panchayat Shelar, Taluka Bhivandi, District Thane, from a ward reserved for Sch...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

21 Nov 2012

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...

High Court

Bombay High Court Dismisses Petition Challenging Collector's Refusal to Disqualify Sarpanch for Encroachment — No Encroachment on Public Land Found; Toilet Constructed on Private Land Does Not Attract Disqualification Under Section 14(1)(j-3) of Maharashtra Village Panchayat Act.

28 Jan 2019

The petitioner, Sanjay Kantilal Thakare, an elected member of Grampanchayat Akkalkuwa, filed a writ petition before the Bombay High Court at Aurangaba...

High Court

High Court of Bombay Dismisses Union of India's Challenge to Arbitral Award in Railway Contract Dispute — Waiver and Estoppel Bind Railways to Pay for Additional Supplies. Court holds that directions to continue production beyond contractual variation limits and acceptance of supplies with 90% payment constitute waiver, precluding denial of payment under Section 34 of Arbitration and Conciliation Act, 1996.

18 Jan 2019

The Union of India (Petitioner) challenged an arbitral award passed by a sole arbitrator in a dispute arising out of a works contract for manufacture ...

High Court

High Court Dismisses Petition Challenging Arbitral Award in Contract Dispute — Variation of Agreement by Conduct Upheld. Court holds that acceptance of increased bottling charges through joint account adjustments and subsequent correspondence constitutes valid modification of contract under Section 7 of the Contract Act.

14 Jan 2019

The petitioner, John Distilleries Pvt. Limited, engaged the respondent, The Brihan Maharashtra Sugar Syndicate Limited, for manufacturing liquor produ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim, Holds Owner and Insurer Vicariously Liable for Driver's Negligence Despite Breach of Instructions. The court ruled that carrying excess passengers does not absolve the owner of vicarious liability when the driver was acting in the course of employment under Section 166 of the Motor Vehicles Act, 1988.

14 Jan 2019

This appeal under Section 173 of the Motor Vehicles Act, 1988, was filed by the claimants, Malanbai and Vanita, challenging the judgment of the Claims...

High Court

Bombay High Court at Goa Quashes Section 133 CrPC Proceedings Initiated Based on Panchayat Complaint — Dispute Over Fencing on Private Property Not a Public Nuisance Under Section 133 CrPC. The court held that proceedings under Section 133 CrPC cannot be initiated for a private property dispute where there is a civil dispute over title and possession, and the Magistrate must apply judicial mind before acting on a police report.

15 Feb 2019

The petitioner, Mr. Alexio Travasso, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Criminal Pro...

High Court

Bombay High Court at Goa Quashes Section 133 CrPC Proceedings Initiated Based on Panchayat Complaint — Dispute Over Temporary Fencing on Private Property Not a Public Nuisance. The court held that proceedings under Section 133 CrPC are not maintainable for private property disputes and quashed the same under Article 227 and Section 482 CrPC.

15 Feb 2019

The petitioner, Mr. Alexio Travasso, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Criminal Pro...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Management Agreement Dispute — No Patent Illegality Found. The court upheld the award of damages for wrongful termination of a hotel management agreement, finding the arbitrator's interpretation and assessment of damages to be plausible and not perverse.

12 Mar 2019

The petitioner, Laguna Resort Private Limited (formerly Hasina Resort Pvt. Ltd.), owned land in Lonavala and planned to develop a hotel. On 27 Septemb...

High Court

Bombay High Court Quashes FIR in Essential Commodities Act Case Due to Invalid Investigation by Assistant Commissioner of Police. Investigation by officer not of rank of Deputy Superintendent of Police violates Section 6A of Essential Commodities Act, 1955, leading to quashing of FIR and proceedings.

13 Mar 2019

The petitioners, Sarvesh Kumar Shahi and Samiresh Kumar, filed a writ petition before the Bombay High Court challenging the initiation of proceedings ...

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