Search Results for "declining performance"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "declining performance"

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High Court

High Court of Bombay Delivers Judgment on Commercial Arbitration Petition (L) No. 13424 of 2026

18 Jun 2026

The matter pertained to a commercial arbitration petition filed by the developer, Wadhwa Estates and Developers (India) Private Limited, against respo...

High Court

Bombay High Court Allows Counter-Claim in Civil Suit Under Order VIII Rule 6A CPC — Rejects Trial Court's View That Counter-Claim Must Be Filed Only After Written Statement. The court held that a counter-claim can be filed after written statement but before settlement of issues, and the trial court's rejection was erroneous.

15 Jun 2026

The petitioners, Mandar Suresh Bhatwadekar and Dr. Shrirang Arun Limaye, were defendants in two civil suits (RCS/2249/2019 and RCS/2248/2019) filed by...

High Court

Bombay High Court Sets Aside Industrial Court Stay on Promotion/Transfer Order in Newspaper Company Dispute — Transfer as Condition of Service Upheld in Absence of Malafides. Court holds that Industrial Court cannot interfere with transfer order issued in exigencies of service when transfer is an express condition of employment and no prima facie case of malafide is made out.

2 Jul 2024

The Bombay High Court dealt with a petition challenging an interim order of the Industrial Court, Thane, which temporarily restrained the petitioners ...

High Court

High Court of Karnataka Allows Employee to Engage Legal Practitioner in Departmental Enquiry Despite Company Rules Prohibiting It. The Court quashed the order denying legal representation and directed the employer to permit the employee to engage a lawyer, holding that denial violates natural justice when the presenting officer is legally trained.

21 Aug 2023

The petitioner, T Ramesh Babu, a retired employee of United India Insurance Company Limited, filed a writ petition under Articles 226 and 227 of the C...

Supreme Court

Supreme Court Allows Appeal in Arbitration Reference Case — Licence Agreement Contained Valid Arbitration Clause for Disputes Arising from Termination and Recovery of Possession. The Court held that the arbitration clause survived termination and that the Commercial Court erred in refusing reference under Section 8 of the Arbitration and Conciliation Act, 1996.

23 Apr 2023

The Supreme Court considered appeals against a common judgment of the Gujarat High Court dismissing First Appeals filed by the appellant against order...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

High Court

High Court of Karnataka Quashes Government Order Declining Enquiry Entrustment to Lokayukta in Corruption Case. Section 14(3) of Karnataka Lokayukta Act, 1984 Mandates Entrustment of Enquiry Once Complaint is Made Against Public Servant.

25 Jan 2022

The petitioner, the Registrar of Karnataka Lokayukta, filed a writ petition under Article 226 of the Constitution of India challenging a Government Or...

High Court

Bombay High Court Allows Teacher's Petition Against Termination for Non-Compliance with Section 5 of MEPS Act, 1977. Termination of Shikshan Sevak without prior approval of Education Officer under Section 5 of MEPS Act is illegal and void.

1 Apr 2021

The petitioner, Ashok Udhav Kothawale, was appointed as a Shikshan Sevak (teacher) at Vasant Vidyalaya, run by respondent No.4 management, after appro...

Supreme Court

Supreme Court Allows Appeals by Third-Party Purchasers Against Decree Affecting Their Possession: Leave to Appeal Granted as Sale Deed Holders Are 'Persons Aggrieved' Under Section 96 CPC. The Court held that the High Court erred in rejecting the application for leave to appeal, as the trial court's decree directly prejudiced the appellants' rights and interests.

1 Jan 2020

The case involves appeals by third-party purchasers (appellants) who purchased sites from the General Power of Attorney holders of the original owners...

High Court

Bombay High Court Dismisses Petition to Appoint Arbitrator in Redevelopment Dispute — Dispute Not Arbitrable Under Section 41(e) of Specific Relief Act, 1963. Termination of Development Agreement and Claim for Possession Cannot Be Referred to Arbitration as They Involve Specific Performance and Continuous Duties.

20 Oct 2015

The petitioners, Anand Villa Co-Operative Housing Society Ltd. and its members, filed an arbitration petition under Section 11 of the Arbitration and ...

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