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Found 2013 result(s)

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Bombay High Court Considers Validity of AAIFR Order Setting Aside BIFR's Exclusion of ULC Land from Sick Company's Rehabilitation Scheme. The Court Examines Whether the Remand for Modification Was Justified Under SICA and ULC Provisions.

The petitioner, Swayam Realtors and Traders LLP, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay ...

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Bombay High Court Reconsiders Promoter's Right to Additional Construction Under MOFA After Supreme Court Remand. Dispute Centers on Whether Section 7A Overrides Flat Purchasers' Consent Requirement for Additional Wings in an Existing Scheme.

The Bombay High Court heard two first appeals remanded by the Supreme Court in a dispute between Madhuvihar Cooperative Housing Society (the society) ...

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Supreme Court Validates Sub-Classification of Scheduled Castes in Landmark Judgment. Upholding Equality Within Equality: Supreme Court Endorses State's Power to Sub-Classify Scheduled Castes for Targeted Reservation.

The Supreme Court of India, in a significant ruling, has upheld the constitutionality of sub-classifying Scheduled Castes for the purpose of reservati...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Jurisdictional Ruling in Distributor Agreement Dispute. Arbitration Clause Not Extended by Conduct Despite Continued Commercial Dealings Post-Expiry of Two-Year Term.

The case involves an appeal under Section 37(2)(a) of the Arbitration and Conciliation Act, 1996, filed by Raymond Limited against an order of the lea...

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Supreme Court Upholds High Court's Rejection of Application Under Order VII Rule 11 CPC in Suit for Damages. Court fees are not payable on a tentative claim at the initial stage when the exact valuation is to be adjudicated later, as per Section 7(i) of the Court Fees Act, 1870 and Order VII Rule 11 CPC.

The dispute arose from a suit filed by the respondent, a retired government officer and advocate, against the State of Punjab and its officers for rec...

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Supreme Court Allows Appeal in Criminal Complaint Quashing Under Section 482 CrPC. The court quashed the criminal complaint as an abuse of process, without deciding on the co-existence of wakf and trust or jurisdiction of Wakf Tribunal.

The appeal arose from a judgment of the Kerala High Court rejecting a petition under Section 482 of the Criminal Procedure Code, 1973, filed by the ap...

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Supreme Court Allows Appeal in Insurance Claim Dispute — Fire Policy Coverage for Damaged Machinery Upheld. Surveyor's Report Not Binding on Insured; Insurer Cannot Repudiate Claim Based on Surveyor's Assessment Without Independent Grounds.

The appellant, M/s Super Label Mfg. Co., a registered partnership firm engaged in printing high technology labels, imported sophisticated printing mac...

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Supreme Court Allows Land Owner's Appeal in Consumer Case, Holding No Joint Liability for Developer's Default. Collaboration Agreement and Tripartite Agreement Did Not Impose Obligation on Land Owner to Flat Buyers Under Consumer Protection Act, 1986.

The appeals arose from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) allowing a complaint by flat buyers against a ...