Search Results for "Settlement Spirit"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Settlement Spirit"

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High Court

Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Defendant's Right to Raise Jurisdictional Objection Not Waived by Filing Written Statement. The court held that Order VIII Rule 1 of the Code of Civil Procedure, 1908 does not bar a defendant from raising a jurisdictional objection after filing a written statement, and that the trial court must decide such objection as a preliminary issue under Section 9A of the CPC.

14 Jul 2023

The appellant, Niloufer Soli Lam, was the original defendant in a suit filed by the respondent, Zarir Pesi Bharucha, seeking possession and mesne prof...

Supreme Court

Supreme Court Allows Appeal Against NCLAT Modification of Resolution Plan in IBC Case — Discrimination Between Financial Creditors Not Established. The Court held that the NCLAT erred in modifying the resolution plan approved by the NCLT under Section 30(2)(e) of the Insolvency and Bankruptcy Code, 2016, as the differential treatment of a dissenting financial creditor was not discriminatory.

8 Nov 2019

The case involves an appeal by Rahul Jain, the resolution applicant, against the order of the National Company Law Appellate Tribunal (NCLAT) modifyin...

High Court

WRIT PETITION (ST) NO. 1338 OF 2020

1 Jan 1970

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Supreme Court

Supreme Court Allows Revenue Appeals in Section 153A Search Assessment Dispute — Assessing Officer Can Assess Total Income Including Non-Incriminating Material. The Court held that under Section 153A of the Income Tax Act, 1961, the Assessing Officer is competent to assess total income considering all material on record, not limited to incriminating material found during search.

24 Apr 2023

This batch of appeals involves a common question of law regarding the scope of assessment under Section 153A of the Income Tax Act, 1961. The Revenue ...

High Court

Bombay High Court Dismisses Section 34 Petition Challenging Arbitral Award in Partnership Dispute — Upholds Arbitrator's Findings on Loan vs. Capital Contribution and Rejection of Counterclaim as Not Maintainable. The court held that the arbitrator's findings were based on evidence and not perverse, and the challenge under Section 34 of the Arbitration and Conciliation Act, 1996 failed.

23 Jan 2020

The petitioner, Shekhar Appu Shetty, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dat...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing Interim Relief in Share Dispute — No Prima Facie Case for Injunction Against EGM and Share Transfer. Court held that balance of convenience did not favour restraining the holding company from exercising its voting rights and that the appellants failed to establish a strong prima facie case for the relief sought.

13 Feb 2019

The case involves a dispute between the appellants (Ravi Arya, Nakul Arya, Sushma Arya, Varun Arya, and Ravi Arya HUF) and the respondents, including ...

High Court

Bombay High Court Hears Writ Petition Challenging Attachment and Proposed Sale of Residential Bungalow under Income Tax Act, 1961, on Ground of Limitation. Petitioner Contends That Tax Recovery Officer's Action Is Time-Barred Under Rule 68B of Second Schedule.

5 Jun 2017

The petitioner, a 60-year-old Indian citizen, filed a writ petition under Article 226 of the Constitution of India seeking to quash and set aside the ...

High Court

Bombay High Court Allows Priority Payment of Crew Wages and Expenses as Sheriff's Expenses from Sale Proceeds of Arrested Vessel. The court held that wages paid to crew members and expenses incurred by P&I Correspondent for necessities after arrest are Sheriff's expenses and rank in priority over other claims.

18 Jan 2023

The case involves an interim application filed by crew members (Applicant Nos. 1 to 44) and the P&I Correspondent (Applicant No. 45) seeking to treat ...

Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

High Court

KAHC010100302020_1

2 Dec 2021

The petitioners, a group of renewable energy companies, filed multiple writ petitions under Articles 226 and 227 of the Constitution of India before t...

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