Search Results for "per incuriam"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "per incuriam"

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Supreme Court

Supreme Court Allows Appellant in Civil Procedure Dispute Over Maintainability of Appeal Against Consent Decree. Court Held That Party to Suit Can Directly File First Appeal Under Section 96 of Code of Civil Procedure, 1908, Despite Section 96(3) Bar, as 1976 Amendment Introduced Order XLIII Rule 1-A(2) Preserving Such Remedy.

23 Apr 2025

The appeal arose from a dispute over land in Siddhpur, District Patan, involving multiple parties including the appellant Sakina Sultanali Sunesara an...

Supreme Court

Supreme Court Allows Appeals in Land Acquisition Case Due to Lack of Locus Standi of Subsequent Purchaser. Subsequent Purchaser Cannot Challenge Acquisition or Pray for Lapsing Under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as Established by Precedents.

17 Feb 2023

The dispute arose from a land acquisition matter where the Delhi High Court allowed a writ petition, declaring that the acquisition had lapsed under S...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Former Officers of Mysore Paper Mills in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Proceedings Invalid. The court held that the order taking cognizance without prior sanction is invalid and the proceedings are liable to be quashed.

25 Nov 2021

The petitioners, former officers of Mysore Paper Mills (a State Government undertaking), challenged the order dated 06-05-2013 passed by the Principal...

Supreme Court

Supreme Court Allows Appeal Against Division Bench Order on Limitation in Suit for Cancellation of Settlement Agreement. The Court held that in view of the repeal of Section 9A CPC (Maharashtra Amendment) and the judgment in Nusli Neville Wadia, the merits of the limitation issue need not be decided at this stage.

13 Dec 2019

The case involves a dispute over 75,001 shares of Bombay Oxygen Investments Ltd. (BOIL). The appellants (Ruias) and respondent No.3 (MGG) entered into...

Supreme Court

Supreme Court Overrules HUDA v. Sunita, Holds Statutory Bodies Amenable to Consumer Protection Act for Services Rendered for Consideration. The Court ruled that the Consumer Protection Act, 1986 applies to statutory authorities providing services for consideration, and sovereign functions are exempt only if strictly understood.

16 Sep 2019

The Supreme Court considered a reference arising from an order dated 13.07.2018, where a two-judge Bench doubted the correctness of HUDA v. Sunita (20...

Supreme Court

Supreme Court Allows Dealer's Appeal in Sales Tax Dispute Over Free Warranty Replacement of Defective Parts. The Court Held That Free Replacement Under Warranty Does Not Constitute a Sale Under Section 4(1) of the Sale of Goods Act, 1930, as Consideration Is Already Included in the Original Sale Price.

5 Feb 2019

The Supreme Court considered a batch of appeals concerning the liability to sales tax on free replacement of defective parts in motor vehicles during ...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Suit for Specific Performance and Injunction — Held that Plaint Discloses Cause of Action and is Not Barred by Limitation. The court held that the plaint cannot be rejected under Order VII Rule 11 CPC as the suit is within limitation and discloses a cause of action.

16 Jul 2016

The case involves a Notice of Motion filed by Defendant No. 11, Lily Realty Private Limited, in a suit for specific performance and injunction. The pl...

High Court

Bombay High Court Allows Writ Petition Challenging Dismissal of Execution Application for Arbitral Award on Limitation Grounds. Execution of Arbitral Award is Governed by Article 137 of Limitation Act, 1963, Not Section 34 of Arbitration and Conciliation Act, 1996.

25 Sep 2014

The petitioner, Mahindra & Mahindra Financial Services Ltd., had granted a loan of Rs.3,95,000 to respondent No.1 for purchasing a tractor, with respo...

High Court

Bombay High Court Dismisses Company's Petition Challenging Labour Court's Order Under Section 33C(2) of Industrial Disputes Act — Scope of Incidental Issues in Computation of Benefits. The court held that the Labour Court can decide incidental issues such as interpretation of settlements when computing benefits under Section 33C(2) of the Industrial Disputes Act, 1947, as the workman's right to continuity of service had been established.

8 Mar 2011

The petitioner, Force Motors Ltd., challenged an order of the Labour Court under Section 33C(2) of the Industrial Disputes Act, 1947, which granted ce...

High Court

Bombay High Court Allows Appointment of Substitute Arbitrator Despite Respondent's Objections to Validity of Arbitration Agreement. Finality of Section 11 Order Precludes Re-Agitation of Issues Regarding Existence of Arbitration Agreement and Limitation in Application for Substitute Arbitrator Under Section 15(2) of Arbitration and Conciliation Act, 1996.

12 Aug 2010

The applicant filed an arbitration petition under section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. By o...

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