Search Results for "equitable order"

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

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Bombay High Court Allows Appeal by Bank in Unfair Labour Practice Case — Reinstatement of Daily Wager Denied Due to Lack of Continuous Service. Employee failed to prove 240 days of continuous service in preceding year, disentitling him to protection under Section 25F of Industrial Disputes Act, 1947.

The present Letters Patent Appeal was filed by the Nagpur District Central Co-operative Bank Ltd. (the appellant) challenging the judgment of a learne...

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High Court Allows Writ Petition Quashing Orders Treating Termination Period as Break in Service and Recovery of Excess Amount from Pensionary Benefits. Reinstatement Without Back Wages Does Not Imply Break in Service, and Recovery from Retired Employee is Impermissible Under Supreme Court Guidelines.

The dispute arose from a writ petition filed by a former driver employed by the Zilla Parishad, Kolhapur, challenging orders that declared his termina...

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Bombay High Court Dismisses Petitions Challenging Flyover Construction on Environmental Grounds — Held That Project Did Not Require Environmental Clearance as It Was a Linear Project on Existing Highway.

The judgment pertains to two writ petitions filed before the Bombay High Court challenging the construction of a flyover and road widening project on ...

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Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award on Limitation Grounds. Court Holds That the Arbitrator's Finding on Limitation Was Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appeal arises from an order of a learned Single Judge of the Bombay High Court setting aside an arbitral award under Section 34 of the Arbitration...

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High Court of Karnataka Dismisses Writ Petition of Guarantor Challenging Dismissal of Application to Set Aside Sale Under Order XXI Rule 90 CPC. Guarantor Failed to Prove Material Irregularity or Fraud Causing Substantial Injury in Execution Sale.

The petitioner, Smt. K. Gayathri Mallya, was the judgment debtor No.2 and a guarantor for a loan obtained by respondent No.4 (judgment debtor No.1) fr...