Search Results for "discretionary interest"

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Bombay High Court Allows Second Appeal in Specific Performance Case — Readiness and Willingness Established. First Appellate Court erred in reversing trial court's decree for specific performance of agreement to sell agricultural land despite plaintiff's readiness and willingness to perform contract.

The dispute pertains to an agreement to sell agricultural land bearing Survey No.33, admeasuring 3H 23R, situated at village Udapur, Taluka Ner, Distr...

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High Court of Karnataka Quashes Government Order Declining Enquiry Entrustment to Lokayukta in Corruption Case. Section 14(3) of Karnataka Lokayukta Act, 1984 Mandates Entrustment of Enquiry Once Complaint is Made Against Public Servant.

The petitioner, the Registrar of Karnataka Lokayukta, filed a writ petition under Article 226 of the Constitution of India challenging a Government Or...

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Bombay High Court Grants Bail to Accused in Ponzi Scheme Case Due to Protracted Trial and No Criminal Antecedents. Right to Speedy Trial Under Article 21 Overrides Gravity of Economic Offences Under IPC, MPID Act, and RBI Act.

The applicant, Sameer, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay High Court, Nagpur ...

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Bombay High Court Dismisses PIL Challenging Construction as Not Maintainable Due to Personal Interest and Availability of Alternative Remedy. Petitioner failed to disclose pendency of civil suit and lacked bona fide public interest, making PIL an abuse of process.

The petitioner, Sharad Nago Chinawale, filed a Public Interest Litigation under Article 226 of the Constitution of India before the Bombay High Court,...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claims, Reduces Compensation Due to Contributory Negligence of Deceased. Claimants awarded reduced compensation as deceased were gratuitous passengers in goods vehicle, violating permit conditions.

The case involves four first appeals filed by The New India Assurance Company Limited against common judgment and award dated 30.06.2006 passed by Mot...

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Bombay High Court Allows Insurance Company's Appeals in Motor Accident Claims, Reduces Compensation for Death of Three Pillion Riders. Held that Contributory Negligence of Deceased Pillion Riders Must Be Considered When They Were Traveling in a Goods Vehicle in Violation of Permit Conditions.

The New India Assurance Company Limited filed four first appeals under Section 173 of the Motor Vehicles Act, 1988, challenging the common judgment an...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Confirms Refund of Earnest Money with Interest. Alternate relief of refund of earnest money can be granted even without a specific prayer for declaration that cancellation of agreement was illegal.

The present Second Appeal was filed by the appellant, Maruti Dhondi Patil and Sandip Tukaram Patil, challenging the judgment and decree dated 17th Apr...