Search Results for "mandatory obligation"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "mandatory obligation"

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High Court

Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Instigation or Proximate Link. Allegations of harassment for loan repayment do not constitute abetment under Section 306 IPC as there was no direct instigation or active role in driving the deceased to suicide.

11 Jan 2024

The judgment pertains to a criminal writ petition and two criminal applications filed before the Bombay High Court, Nagpur Bench, seeking quashing of ...

High Court

Bombay High Court Dismisses Petition Challenging Re-Development Agreement Validity in Co-operative Housing Society Dispute. Court upholds that a re-development agreement executed by the Managing Committee of a co-operative housing society is binding on members, and that the District Deputy Registrar's order under Section 79A of the Maharashtra Co-operative Societies Act, 1960 was within jurisdiction.

12 Mar 2024

The case pertains to a dispute arising from a re-development agreement executed by the Managing Committee of Krishna Co-operative Housing Society Ltd....

High Court

Bombay High Court Allows Priority Payment of Crew Wages and Expenses as Sheriff's Expenses from Sale Proceeds of Arrested Vessel. The court held that wages paid to crew members and expenses incurred by P&I Correspondent for necessities after arrest are Sheriff's expenses and rank in priority over other claims.

18 Jan 2023

The case involves an interim application filed by crew members (Applicant Nos. 1 to 44) and the P&I Correspondent (Applicant No. 45) seeking to treat ...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Will Dispute Between Surviving Heirs. Arbitration clause in last Will and testament of deceased father invoked for disputes over locker jewellery allegedly removed by respondent.

27 Jun 2023

The applicant, Ashwin Maganlal Savani, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a S...

High Court

Bombay High Court Allows Shareholders' EGM Requisition in Zee Entertainment Dispute — Upholds Right to Convene Meeting Under Section 100 of Companies Act, 2013. Court holds that shareholders holding 17.88% stake have statutory right to requisition EGM for removal of directors and that the company cannot restrain such meeting on grounds of alleged illegalities in proposed resolutions.

22 Mar 2022

The case involves an appeal by Invesco Developing Markets Fund and OFI Global China Fund LLC (collectively holding 17.88% of shares in Zee Entertainme...

High Court

Bombay High Court Dismisses Appeal in Lease Dispute Over Condition Precedent. Letter of Acceptance with Condition of Government Approval Does Not Form Concluded Contract Under Indian Contract Act.

25 Apr 2022

The case involves an appeal by Mystical Techplast Pvt. Ltd. against the Maharashtra State Road Development Corporation (MSRDC) concerning a lease of t...

High Court

Bombay High Court Dismisses Insurer's Writ Petition Against Insurance Ombudsman Award in Life Insurance Claim. Non-Disclosure of Pre-Existing Ailments Not Proven to be Material Under Section 45 of Insurance Act, 1938.

18 Aug 2022

The petitioner, Aditya Birla Sun Life Insurance Co. Ltd., challenged an award dated 31 December 2020 passed by the Insurance Ombudsman, Goa/Mumbai Met...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Concurrent Findings for Failure to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963. The court held that mere production of a cheque during evidence without other proof does not satisfy the requirement of readiness and willingness, and a plaintiff claiming additional payment beyond the agreement must prove it.

30 Sep 2022

The case involves a second appeal arising from a suit for specific performance of an agreement to sell. The appellant, original defendant no.1, challe...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Commercial Suit — Appellant Failed to Show Sufficient Cause for Non-Appearance. The court held that the appellant's failure to appear despite service and the lack of a valid explanation for the delay in filing the application to set aside the decree disentitled it to relief under Order IX Rule 13 of the Code of Civil Procedure, 1908.

27 Nov 2020

The appellant, BVM Finance Private Limited, was the original defendant No.1 in a commercial suit filed by the respondent No.1, Vistra ITCL (India) Ltd...

High Court

Bombay High Court Quashes Reopening Notice in Income Tax Case Due to Lack of Failure to Disclose Material Facts. Reassessment Beyond Four Years Invalid Without Proof of Non-Disclosure Under Section 147 of Income Tax Act, 1961.

14 Jun 2010

The petitioner, 3i Infotech Limited, challenged a notice dated 18 March 2009 issued by the Assistant Commissioner of Income Tax seeking to reopen the ...

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