Search Results for "equitable principle"

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Bombay High Court Grants Interim Injunction Enforcing Negative Covenants in E-Sports Collaboration Agreement. Court Restrains Defendants from Associating with Competing Platforms and Disclosing Confidential Information Pending Trial.

The Plaintiff, Stoughton Street Tech Labs Pvt. Ltd., operates LOCO, an online live streaming and e-sports gaming platform. It entered into a Collabora...

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Bombay High Court Dismisses Revision Against Refusal to Reject Plaint in Suit for Conveyance and Amenities. Plaint Disclosed Cause of Action and Claim for Conveyance is Continuing Cause of Action Not Barred by Limitation.

The case involves a civil revision application filed by the applicants (defendants in the suit) challenging the order of the learned Senior Civil Judg...

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Bombay High Court Dismisses Writ Petition Challenging Election Petition Allowed for Non-Compliance with Section 16 of Maharashtra Municipal Corporations Act, 1949. Failure to File Election Expenses Within 30 Days Renders Election Void.

The petitioner, Ashok Rajaram Raul, was declared elected as a councilor from Ward No.12-D of Thane Municipal Corporation in the general elections held...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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Bombay High Court Allows Retired Employee's Challenge to Recovery of Excess Pension Paid Due to Mistaken Inclusion of Promotional Increment. Recovery of excess payment after six years of retirement held impermissible as per principles against recovery from retired employees.

The petitioner, Tarachand s/o Urkudaji Gajbhiye, a retired government employee, was aggrieved by an order dated 19.1.2016 issued by respondent No. 2, ...

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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Pay in Ordnance Factory Case. Recovery of Excess Amount Paid Due to Employer's Mistake Held Impermissible When Employees Are in Same or Higher Pay Scale and No Misrepresentation Is Involved.

The petitioners, employees of Ordnance Factory Bhandara, were granted a higher pay scale by the employer. Subsequently, the employer sought to recover...