Search Results for "Clause 52(5)"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Clause 52(5)"

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High Court

Bombay High Court Allows Writ Petition Challenging AGRC Order — Restores Termination of Developer for Non-Compliance with Mandatory Consents and No-Objection Certificate. Failure to Obtain Consent of 70% Municipal Tenants and Annexure-II from MCGM Justifies Termination Under Section 13(2) of Maharashtra Slums Areas Act, 1971.

10 Jun 2024

The Bombay High Court allowed a writ petition challenging the order of the Apex Grievance Redressal Committee (AGRC) which had set aside the terminati...

Supreme Court

Supreme Court Allows Appeal of Complainant in Life Insurance Claim Repudiation Case — Insurer Failed to Prove Suppression of Material Facts. Non-disclosure of existing policies not established by documentary evidence; burden of proof under Section 45 Insurance Act, 1938 not discharged.

22 Apr 2024

The present civil appeal arises from the repudiation of life insurance claims by Future Generali India Life Insurance Company Limited. The appellant, ...

High Court

Bombay High Court Allows Landlord's Commercial Redevelopment Over Tenant's Objection — Tenant Cannot Dictate Nature of Redevelopment Under DCPR 2034 Regulation 33(19). The court held that a tenant's insistence on residential redevelopment after demolition of a dilapidated building is not sustainable, and the landlord is entitled to redevelop as per permissible rules.

29 Mar 2023

The petitioner, G M Heights LLP, is the owner of land in Bandra, Mumbai, which previously had a building with 21 tenants, some commercial and some res...

Supreme Court

Supreme Court Allows Union of India's Appeals in MACP Scheme Financial Upgradation Dispute. Modified Assured Career Progression Scheme Entitles Employees to Next Higher Grade Pay, Not Grade Pay of Next Promotional Post.

5 Mar 2020

The Supreme Court considered a batch of appeals filed by the Union of India against orders of various High Courts and Central Administrative Tribunals...

Supreme Court

Supreme Court Allows Appeal in Foreign Trade Act Penalty Case — Non-fulfilment of Export Obligation Not a Contravention Under Section 11(2) of FT Act. Penalty imposed under Section 11(2) for failure to fulfil export obligation under an EPCG licence is illegal as the provision applies only to making or abetting export or import in contravention of the Act, rules, or policy.

15 Jan 2020

The appellant, formerly Emmellen Biotech Pharmaceuticals Limited, amalgamated with Karnataka Malladi Biotics Limited (Karnataka Biotics) in 2009. Karn...

High Court

Bombay High Court Sets Aside Arbitral Award in Insurance Dispute — Wear and Tear Exclusion Not Applicable to Sudden Breakdown. The court held that the insurer failed to prove that the bearing failure was due to wear and tear, and the breakdown was a fortuitous event covered under the Industrial All Risk Policy.

15 Feb 2019

The petitioner, United Phosphorous Limited, was in the business of pesticides and chemicals. It purchased a Gas Turbine Engine from GE Packaged Power ...

High Court

Bombay High Court Upholds Arbitral Award in Insurance Dispute — Policy Exclusion for Wear and Tear Does Not Apply to Sudden Breakdown. The court held that the majority arbitrators' interpretation of the exclusion clause was plausible and not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

15 Feb 2019

The petitioner, United Phosphorous Limited, purchased a Gas Turbine Engine from GE and obtained an Industrial All Risk Policy from the respondent, Uni...

High Court

Bombay High Court Allows Amendment of Plaint to Claim Alternative Relief of Possession in Suit for Specific Performance. The Court held that amendment of pleadings can be allowed even after trial has begun if no new evidence is required and no prejudice is caused, and that Article 137 of the Limitation Act does not apply to such amendments.

11 Feb 2013

The Petitioner, Shashikant Jagannath Powar, filed a Suit for specific performance of a contract against the Respondents, Baburao Huvappa Kurhade (dece...

High Court

Bombay High Court Allows Writ Petitions Challenging Indefinite Curfew Imposed Due to Burial Dispute in Mominpura Area. Court holds that curfew under Section 144 CrPC cannot be used as a permanent measure and must be proportionate to the threat.

12 Jul 2011

The judgment pertains to two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench. The petit...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Rejection of Reference for Compensation for Mining Lease Rights in Land Acquisition. Mining Lessee Not Entitled to Separate Compensation for Loss of Mining Rights Under Land Acquisition Act, 1894.

14 Jul 2010

The petitioner, Pravinkumar Gosalia, was a mining lessee of certain lands in Quitol Village, Quepem Taluka, Goa. His father had obtained a mining leas...

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