Search Results for "misconceived"

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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 "misconceived"

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High Court

Bombay High Court Dismisses Challenge to Official Language Act, 1963 — Section 3(5) Upheld as Constitutional. Court holds that the Official Language Act, 1963 is not unconstitutional and Section 3(5) does not violate Articles 343-351 of the Constitution.

12 Mar 2020

The petitioners, Rashtrabhasha Mahasangh and Mumbai Rashtriya Rashtrabhasha Prachar Sabha, along with their office bearers, filed a writ petition in t...

High Court

Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

11 Mar 2020

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

High Court

Bombay High Court Quashes FIR Against Retired Secretary in PWD Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act Renders Prosecution Invalid. FIR under IPC and PC Act for alleged irregularities in plot development quashed as prior sanction for prosecution of public servant was not obtained.

21 Apr 2020

The petitioner, Deodutta Gangadhar Marathe, a retired Secretary (Works) of the Public Works Department (PWD) of Maharashtra, filed a writ petition see...

High Court

Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Case — 50% Permanent Disability Justifies Higher Award. Loss of Future Income for Labourer Increased from Rs.50,000 to Rs.1,00,000 Under Section 166 of Motor Vehicles Act, 1988.

17 Apr 2020

The appellant, Siddharth Dupare, was a labourer who sustained grievous injuries in a motor vehicle accident when the jeep he was traveling in, driven ...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Parents of Deceased Passenger Entitled to Compensation Under Railway Claims Tribunal Act, 1987. Death Caused by Accidental Fall from Overcrowded Train Constitutes 'Untoward Incident' Under Section 124A of Railways Act, 1989.

30 Apr 2020

The appellants, parents of deceased Akash Thakur, filed a claim before the Railway Claims Tribunal seeking compensation for the death of their son who...

High Court

High Court of Bombay Dismisses Developer's Suit to Restrain Invocation of Bank Guarantee — No Prima Facie Case of Fraud or Irreparable Injury Established. The court held that an unconditional bank guarantee cannot be restrained except in cases of established fraud or irretrievable injustice, which the plaintiff failed to prove.

22 May 2020

The plaintiff, Kryshnajay Developers Private Limited, filed a suit seeking a declaration that the invocation of a bank guarantee by the defendants (Ka...

High Court

Bombay High Court Allows Section 11(6) Petition for Appointment of Arbitrator in Construction Contract Dispute — Respondent's Failure to Appoint Arbitrator Despite Repeated Requests Constitutes Failure of Mechanism. The court held that the respondent's inaction for over a year amounted to waiver of its right to appoint an arbitrator under the arbitration agreement.

2 Jun 2020

The petitioner, Afcons Infrastructure Limited, entered into a contract with the respondent, Konkan Railway Corporation Limited, on 12 December 2005 fo...

High Court

Bombay High Court Dismisses Petitions Challenging Port Trust's Eviction Notices for Unauthorized Occupants. Held that lessees/licensees whose tenures expired and who continued in possession without consent are unauthorized occupants liable to eviction under the Major Port Trusts Act, 1963.

12 Jun 2020

The judgment concerns a group of writ petitions filed by various entities who were originally lessees or licensees of land belonging to the Board of T...

High Court

Bombay High Court Allows Petition for TDR in DP Road Development Case — Petitioner Entitled to TDR for Roads Developed and Paid For Under DCR 33(7) and 33(8). The court held that the Petitioner is entitled to Transferable Development Rights (TDR) in the form of Floor Space Index (FSI) equivalent to the area of DP Roads developed and paid for by it, and quashed the rejection by the Respondents.

3 Jul 2020

The Petitioner, M/s Siddhi Real Estate Developers, is the owner of land admeasuring approximately 85,778 sq.mtrs. at village Dhokali, Thane. The Petit...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Oral Agreement for Sale of Agricultural Land Not Proved; Plaintiff Failed to Establish Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

29 Sep 2020

The appellant, original plaintiff, filed Regular Civil Suit No.73 of 2007 for specific performance of an alleged oral agreement for sale of 1.01 HR la...

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