Search Results for "conditional deposit"

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High Court

High Court Dismisses Petition Challenging Conditional Stay on Arbitral Award in Development Agreement Dispute. Court upheld District Court's order requiring deposit of entire award amount with interest for stay under Section 36 of Arbitration and Conciliation Act, 1996, finding no legal infirmity or perversity warranting interference under Article 227 of Constitution of India.

18 Mar 2026

The dispute arose from a development agreement dated 17 November 2015 between the petitioners (developers) and respondents (original owners and stakeh...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

High Court

Bombay High Court Allows Appeal in Service Tax Case: No Time Limit for Stay Application Before Commissioner (Appeals) Under Finance Act, 1994. Tribunal erred in dismissing appeal solely on ground of delay in filing stay application when stay application was filed six months before hearing and waiver of predeposit was pleaded.

30 Apr 2019

The appellant, Siddesh Tours and Travels, a proprietorship firm engaged in renting out cars, had obtained service tax registration under the category ...

High Court

Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

14 Nov 2017

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

High Court

Bombay High Court Dismisses Contempt Petition Against Municipal Corporation for Non-Compliance of Land Acquisition Order. Conditional Order Does Not Amount to Willful Disobedience Under Contempt of Courts Act, 1971.

12 Oct 2017

The petitioner, M/s. Chinchwad Devasthan Trust, a public religious trust, owned land admeasuring about 1,05,400 sq.m at Bhosari within the jurisdictio...

High Court

Bombay High Court Dismisses Winding-Up Petition for Unascertained Damages Claim — Lock-in Period License Fee Not a Debt Under Companies Act, 1956. Claim for balance license fee after premature vacation is a claim for damages requiring adjudication, not a debt due and payable under Sections 433 and 434 of the Companies Act, 1956.

28 Feb 2014

The petitioning-creditor, Indiabulls Properties Pvt. Ltd., filed a winding-up petition under Sections 433 and 434 of the Companies Act, 1956, against ...

High Court

Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

15 Jul 2013

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

High Court

Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Defendant's Failure to Comply with Conditional Leave to Defend Results in Entitlement to Judgment Forthwith.

17 Feb 2009

The plaintiff, M/s A B and U Communication Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defen...

High Court

Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Non-compliance with Conditional Leave to Defend Results in Forfeiture of Right to Cross-Examine.

17 Feb 2009

The plaintiff, M/s A B and U Communication Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defen...

High Court

Bombay High Court Holds Husband Guilty of Contempt for Wilful Disobedience of Maintenance Order. Non-compliance with Family Court's maintenance order for over two years despite notice of contempt petition amounts to wilful disobedience under the Contempt of Courts Act, 1971.

9 Mar 2006

The contempt petition was filed by the wife, Amita B Devnani, against her husband Bhagwan H Devnani and others, alleging wilful disobedience of an ord...

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