Search Results for "section 53A"

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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 "section 53A"

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High Court

Bombay High Court Dismisses Second Appeal in Real Estate Dispute — Upholds Concurrent Findings on Agreement to Sell and Possession. Appellant failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963.

23 Apr 2024

The appellant, Mohammed Zain Khan, filed a Second Appeal before the Bombay High Court challenging the concurrent judgments of the trial court and the ...

High Court

Bombay High Court Quashes Deficit Stamp Duty Demand in Development Agreement Case — Delay and Lack of Speaking Order Render Proceedings Invalid. Section 33A of Maharashtra Stamp Act, 1958 invoked after 10 years without proper application of mind; order set aside.

31 Jan 2024

The Petitioner, Axayraj Buildwell Pvt. Ltd. (now Moongipa Realty Pvt. Ltd.), a developer, entered into a Development Agreement with D.N. Nagar Shree A...

High Court

Bombay High Court Dismisses Writ Petition Seeking Compensation for Land Acquired in 1983 Due to Delay and Laches. Petitioner's claim for compensation after 36 years held barred by delay and laches as no explanation for inaction was provided.

18 Jan 2023

The petitioner, Kiritkumar B. Shah, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the resp...

Supreme Court

Supreme Court Dismisses Appeal by Subsequent Purchaser in Land Acquisition Case — Purchase After Section 4 Notification Confers No Right to Challenge Acquisition or Invoke Section 24 of 2013 Act.

14 Oct 2019

The Supreme Court considered whether a purchaser of land after issuance of a notification under Section 4 of the Land Acquisition Act, 1894 can invoke...

High Court

High Court of Karnataka Upholds Constitutional Validity of Section 53-A CrPC for Medical Examination of Accused in Rape Cases. Challenge to police notice for medical examination dismissed as Section 53-A is not violative of Article 20(3) or Article 21 of the Constitution.

3 Dec 2014

The petitioner, Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Swamiji, filed a writ petition under Articles 226 and 227 of the C...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court Decree Based on Part Performance and Possession. Agreement of Sale Dated 1971 and 1972 Enforced as Plaintiffs Proved Readiness and Willingness and Were Put in Possession Under Section 53A of Transfer of Property Act, 1882.

14 Oct 2014

The appellants, original plaintiffs, filed a suit for specific performance of an agreement of sale dated 23rd July 1971 (Exh. 29) and another agreemen...

High Court

Bombay High Court Allows Second Appeal in Railway Licence Plot Dispute — Courts Below Failed to Consider Admission Under Order VIII CPC. Refund of Rs.50,050 with 18% Interest Upheld as Railway's Admission of Receipt Not Denied.

21 Feb 2014

The original plaintiff, Bhika s/o Antu Kale, a retired Railway servant, filed Regular Civil Suit No.996 of 1987 against the Railways for possession an...

High Court

Bombay High Court Quashes Process Issued Against Petitioners in Maharashtra Fire Prevention Act Case — Lack of Sanction Under Section 36 Renders Complaint Invalid. Court held that prior sanction of the Commissioner is mandatory for prosecution under Sections 3(1), 3(3), 3(4) r/w 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006, and its absence vitiates the criminal proceedings.

6 May 2013

The petitioners, seven residents of Jolly Maker I Cooperative Housing Society in Mumbai, filed a writ petition under Article 227 of the Constitution o...

High Court

Bombay High Court Dismisses Petitions Challenging AAIFR Order Rejecting Revival Scheme for Sick Company Under SICA. The court held that the AAIFR's findings on non-compliance and lack of feasibility were based on evidence and not perverse, thus no interference under Article 226 was warranted.

29 Jul 2011

This group of writ petitions challenges a common order dated 28/5/2010 passed by the Appellate Authority for Industrial and Financial Reconstruction (...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Secondary Evidence in Specific Performance Suit. Conditions under Section 65 of Indian Evidence Act, 1872 for leading secondary evidence were not satisfied as plaintiffs failed to prove loss of original document and did not issue notice to produce.

14 Sep 2010

The petitioners, original plaintiffs in Regular Civil Suit No. 120/2006, filed a suit for specific performance of an agreement to sell dated 21.12.197...

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