Search Results for "equitable principle"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "equitable principle"

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High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Appellate Order Granting Temporary Injunction in Property Dispute. Appellate Court's interference with trial court's discretionary order upheld where trial court failed to consider relevant material and prima facie case was established.

13 Mar 2015

The petitioners, Mrs. Jennifer Mascarenhas and Mr. Januario Mascarenhas, filed a writ petition in the High Court of Bombay at Goa challenging an order...

High Court

Bombay High Court Upholds Trial Court's Pecuniary Jurisdiction in Property Suit — Valuation Based on Market Value Determines Forum. Suit for Declaration and Injunction Over Non-Agricultural Property Must Be Valued Under Section 6 of Bombay Court Fees Act, 1959; Plaintiffs Directed to Pay Deficit Court Fees.

13 Apr 2015

The case involves a challenge to an order dated 28 October 2014 passed by the 16th Joint Civil Judge, Junior Division, Pune, which held that the court...

High Court

Bombay High Court Allows Arbitration Petitions Challenging Arbitral Award in Banking Dispute — Award Set Aside for Violation of Natural Justice and Failure to Consider Evidence. The court held that the arbitrator's failure to provide a reasoned award and consider the petitioners' evidence rendered the award contrary to public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

2 May 2015

The judgment pertains to two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award...

High Court

Bombay High Court Dismisses Revision Against Decree for Possession in Rent Control Suit — Tenant Status Upheld Under Section 7(15)(d) of Maharashtra Rent Control Act, 1999. The court found sufficient evidence that the respondent was carrying on business with the original tenant at the time of his death, and the concurrent findings on area were not perverse.

22 Jul 2015

The petitioners, M/s. Dattakrupa Construction & Anr., filed a civil revision application challenging the orders dated 27 May 2013 and 13 May 2015 pass...

High Court

Bombay High Court Allows Minority School Management's Petition Challenging Absorption of Surplus Teacher — Upholds Appointment of Shikshan Sevak. The Court held that the minority institution's right to appoint a Shikshan Sevak under the Maharashtra Shikshan Sevak (Recruitment and Conditions of Service) Rules, 2012 prevails over the claim of a surplus teacher under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

24 Feb 2016

The judgment involves two writ petitions. The first petition (WP No.5677/2014) was filed by Momin Matin Ahmad Mobin Ahmad, a surplus teacher, challeng...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Debt Recovery Tribunal Has Exclusive Jurisdiction Under RDDB Act, 1993, and Arbitration Clause Cannot Oust It.

8 Mar 2016

The Bombay High Court dismissed a writ petition filed by Harvestdeal Securities Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRA...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Arbitration Clause Does Not Oust Jurisdiction of DRT Under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

8 Mar 2016

The petitioner, Harvestdeal Securities Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 19 February 2015, which set asid...

High Court

Bombay High Court Quashes Compulsory Retirement of Family Court Judge in Public Interest — Rule 10(4) Pension Rules Invoked Without Sufficient Material. Court holds that compulsory retirement under Rule 10(4) of Maharashtra Civil Services (Pension) Rules, 1982 read with Rule 19 of Maharashtra Judicial Services Rules, 2008 requires a subjective satisfaction based on relevant material, and mere pendency of disciplinary proceedings or adverse entries without a review committee recommendation cannot sustain the order.

2 Mar 2016

The petitioner, Dr. Chitra Bhedi, was a Judge of the Family Court, Nagpur. She was compulsorily retired in public interest by an order dated 3rd Octob...

High Court

Bombay High Court Quashes Compulsory Retirement of Family Court Judge in Public Interest — Rule 10(4) Pension Rules Invoked Without Sufficient Material. Court holds that compulsory retirement under Rule 10(4) of Maharashtra Civil Services (Pension) Rules, 1982 read with Rule 19 of Maharashtra Judicial Services Rules, 2008 requires formation of opinion based on relevant material and cannot be passed mechanically or without application of mind.

2 Mar 2016

The petitioner, Dr. Chitra Bhedi, was a Judge of the Family Court, Nagpur. She was compulsorily retired in public interest by an order dated 3rd Octob...

High Court

Bombay High Court Allows Appeal in Income Tax Capital Gains Case — Section 54F Deduction Computation Clarified. Investment in new asset before due date of filing return qualifies for exemption even if return is filed late.

18 Aug 2016

The appellant, Humayun Suleman Merchant, sold a plot of land in Mumbai on 29th April 1995 for Rs.85,33,250/-, resulting in a long-term capital gain. T...

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