Search Results for "legal proposition"

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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...

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High Court

Bombay High Court Dismisses Petition Challenging Order to Deposit Water Charges Arrears Under Order XV-A CPC in Landlord-Tenant Dispute. Consent Terms and Lease Deed Interpretation Confirm Tenant's Liability for Water Charges Despite Claim of Lessor's Responsibility.

16 Apr 2024

The petitioners, Nikhilesh Keshrichand Jhaveri and others, challenged the judgment and order dated 12 July 2021 passed by the Appellate Bench of Small...

High Court

Bombay High Court Quashes Charges Against Accused in Securities Scam Case Due to Lack of Evidence and Inordinate Delay. Petitioners were directors of a company accused of cheating and criminal conspiracy in securities transactions, but the court found no prima facie case and held that the 25-year delay violated their right to speedy trial.

22 Aug 2023

The petitioners, Dhyan Investments & Trading Company Ltd. and Tushar Sarda, were accused nos. 3 and 4 in Special Case No.2 of 1998 pending before the ...

High Court

Bombay High Court Quashes Reassessment Notice in Income Tax Case for Lack of Fresh Material. Reopening of Assessment Under Section 147 of Income Tax Act, 1961 Invalid When Based on Same Material Already Considered in Original Assessment.

25 Aug 2023

The petitioner, Siemens Financial Services Pvt Ltd, a Non-Banking Finance Company registered with RBI, filed its return of income for Assessment Year ...

High Court

Bombay High Court Grants Anti-Anti-Suit Injunction Restraining Enforcement of Singapore Anti-Suit Order in NCLT Oppression and Mismanagement Dispute. Court holds that disputes under Sections 241 and 242 of the Companies Act, 2013 are non-arbitrable and exclusively triable by NCLT, and that an anti-suit injunction from a foreign court cannot be enforced in India to prevent a party from pursuing statutory remedies before the NCLT.

11 Sep 2023

The plaintiff, Anupam Mittal, filed a suit in the Bombay High Court seeking an anti-anti-suit injunction to restrain the defendants from enforcing an ...

High Court

Bombay High Court Upholds Cooperative Court's Order Terminating Lease for Violation of Bye-laws in Cooperative Housing Society Dispute. Leasehold rights terminated due to unauthorized construction and sub-letting without society's consent; purchasers' rights held subject to society's bye-laws.

3 Nov 2023

The dispute pertains to leasehold rights over a plot in Vithalnagar Co-operative Housing Society Ltd. The society granted a lease of the plot to membe...

High Court

Bombay High Court Allows Revision Against Rejection of Obstruction Application in Execution Proceedings — Emphasizes Mandatory Inquiry Under Order 21 Rule 97 CPC. Third Party Claimants Entitled to Full Inquiry Before Executing Court When They Assert Possession and Interest in Decree Property.

21 Dec 2023

The case involves a civil revision application filed by Indubai D. Kothawale and others (the applicants) challenging an order dated 16 October 2023 pa...

High Court

Bombay High Court Quashes Municipal Corporation's Demand for Transfer Fees and Unilateral Imposition of Fresh Lease Terms. Lease Renewal Must Be on Existing Terms Unless Mutually Agreed, and Transfer of Leasehold Interest Does Not Attract Transfer Fees Without Specific Statutory Provision.

5 Aug 2022

The petitioners, ten individuals and a company, filed a writ petition under Article 226 of the Constitution of India challenging the actions of the Na...

High Court

Bombay High Court Allows State of Maharashtra's Petition to Quash Part of CBI FIR in Gelatine Case — Lack of Sanction Under Section 17A of Prevention of Corruption Act. Court held that investigation against public servants without prior approval under Section 17A of Prevention of Corruption Act, 1988 is invalid and liable to be quashed.

22 Jul 2021

The State of Maharashtra filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973,...

High Court

Bombay High Court Grants Interim Relief to Developer in Redevelopment Dispute — Restrains Cooperative Society from Terminating Letter of Intent Pending Arbitration. Termination of Development Agreement Found Prima Facie Invalid Under Section 9 of Arbitration & Conciliation Act, 1996.

16 Dec 2021

The petitioner, Kalpataru Ltd, a real estate development company, filed a petition under Section 9 of the Arbitration & Conciliation Act, 1996, seekin...

High Court

Bombay High Court Dismisses Petitions Challenging Termination of Probationary Employees in Air India Ltd. — Probationers Have No Right to Be Confirmed and Termination Without Stigma Is Valid.

25 Feb 2019

The judgment pertains to two writ petitions filed by Jeetendra Krishna Varma (WP 875/2011) and Mayank Mohan Sharma (WP 1427/2015) against Air India Lt...

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