Search Results for "second petition maintainability"

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Search Results for "second petition maintainability"

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Supreme Court

Supreme Court Allows Landlord's Eviction Suit in Rajasthan Rent Act Case — Limitation Bar Under Section 14(3) Does Not Apply Where Tenancy Predates Purchase by Landlord. The Court held that the bar under Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is not absolute and can be waived, and the relevant date for computing the five-year period is the date of original letting, not the date of purchase by the landlord.

5 May 2023

The case involves a landlord-tenant dispute over a shop in Jaipur. The appellant, Ravi Khandelwal, purchased the property on 30.01.1985 from its erstw...

Supreme Court

Supreme Court Declares Section 13(2) of Chhattisgarh Rent Control Act, 2011 Ultra Vires for Lack of Legislative Competence. State Legislature Cannot Confer Direct Appellate Jurisdiction on Supreme Court; Provision Invalid.

10 Dec 2019

The case arose from an appeal filed under Section 13(2) of the Chhattisgarh Rent Control Act, 2011, against an eviction order passed by the Rent Contr...

High Court

Bombay High Court Considered Second Appeal on Maintainability of Injunction Suit Without Declaration Under Section 34 Specific Relief Act. Ancestral Land Dispute Involved First Appellate Court Decree Restraining Interference in Possession Despite Plaintiff Not Seeking Declaratory Relief, Raising Substantial Question Whether Simpliciter Injunction Suit Is Maintainable.

29 Oct 2021

The dispute arose from a suit for permanent prohibitory injunction concerning ancestral agricultural land bearing Gat No.64, admeasuring 0.59 R, at vi...

Supreme Court

Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

20 Nov 2020

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...

High Court

Bombay High Court Allows Landlords' Revision in Eviction Suit Against Trespassers Claiming Tenancy Inheritance. Tenancy ceases on death of tenant; respondents not legal heirs under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

3 Nov 2023

The case involves a civil revision application filed by the landlords (petitioners) against the judgment and decree of the First Appellate Court in Ci...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Enforce Foreign Arbitral Award Under Section 50(1)(b) of Arbitration & Conciliation Act, 1996 — Award Not Binding on Non-Signatory Respondents as They Were Not Parties to Arbitration Agreement.

4 Jan 2017

The appellant, Integrated Sales Services Limited (ISSL), a Hong Kong company, entered into a Representation Agreement on 18th September 2000 with DMC ...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Restoring Trial Court Orders on Complaint Maintainability and Deposition Authority. Complaint Filed Through Authorised Representative Under Section 138 of Negotiable Instruments Act, 1881 Held Maintainable as Power of Attorney Contained Specific Sub-delegation Clause and Holder Had Personal Knowledge of Transactions.

20 Feb 2023

The dispute arose from a complaint filed by M/s. Mita India Pvt. Ltd. (appellant company) against Mahendra Jain (respondent) under Section 138 read wi...

High Court

Bombay High Court Upholds Interim Injunction Against Demolition of Suit Structure in Municipal Corporation Dispute. Court Restrains Corporation from Demolishing Alleged Unauthorised Construction Pending Suit, Holding That Prima Facie Case and Balance of Convenience Favour Plaintiffs.

28 Feb 2022

The case involves two appeals filed by the Municipal Corporation of Greater Mumbai (defendant no.1) and M/s. Chhaya Construction Company (defendant no...

High Court

Bombay High Court Upholds Compensation Award to Injured Driver in Motor Accident Claim — Employer's Liability Affirmed Despite Insurance Policy Lapse. The Court held that the employer is liable to pay compensation under the Employee's Compensation Act, 1923 for injuries sustained by a driver in the course of employment, and the insurance company is not liable due to policy lapse.

15 Apr 2026

The present First Appeal was filed by The New India Assurance Co. Ltd. under Section 30 of the Employee's Compensation Act, 1923, impugning the Judgme...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Holds that Taking Insurance Policy for Commercial Premises is for Commercial Purpose, Excluding Complainant from Definition of 'Consumer' Under Consumer Protection Act, 1986. The Court ruled that a commercial entity taking fire insurance policy for its business premises is not a 'consumer' under Section 2(1)(d) of the Act, as the policy is taken for commercial purpose.

13 Apr 2023

The present appeals by special leave assail the judgment and order dated 3rd December, 2004 of the National Consumer Disputes Redressal Commission (Na...

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