Search Results for "Binding settlement"

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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...
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Search Results for "Binding settlement"

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High Court

High Court of Karnataka Allows Tenant's Revision Against Eviction Order in Execution Proceedings — Compromise Decree Not Violated as Lease Deed Was Not Part of Decree. Executing Court Cannot Go Beyond Decree Terms; Alleged Violation of Lease Deed Not Enforceable in Execution Under Section 115 CPC.

18 Mar 2025

The petitioner, Smt. R. Sharmila, was a tenant in a property owned by the respondent, B. Devakumar. The respondent filed O.S.No.755/2011 for ejectment...

High Court

High Court of Karnataka Quashes SARFAESI Notices Against MSME Borrower for Non-Compliance with Mandatory Pre-Action Protocol. Bank's failure to follow RBI Circular dated 29.05.2015 requiring classification as NPA only after 90 days and issuance of 60-day notice before invoking SARFAESI renders proceedings invalid.

29 Apr 2025

The petitioners, M/s. Metro Steel Section (Firm) and its partners, are MSME borrowers who availed credit facilities from the State Bank of India. The ...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

23 Apr 2010

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...

High Court

Bombay High Court Allows Second Appeal in Cooperative Society Dispute — Pre-suit Notice Under Section 164 of Maharashtra Cooperative Societies Act is Mandatory and Cannot Be Waived. The suit for recovery of money against a cooperative society was dismissed for want of mandatory pre-suit notice under Section 164 of the Maharashtra Cooperative Societies Act, 1960, and the lower appellate court's reversal was set aside.

16 Jul 2010

The appellant, Jijamata Sahakari Sakhar Karkhana Ltd., a registered cooperative society, challenged the judgment and order dated 14.2.1994 passed in R...

High Court

Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Enforcement of Consent Award Despite Jurisdictional Challenge. The court held that a party who consents to arbitration without objecting to jurisdiction cannot later challenge the award as a nullity on territorial grounds.

14 Sep 2010

The petitioner, United Spirits Limited, filed an application under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reliefs pe...

High Court

Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

15 Sep 2010

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...

High Court

Bombay High Court Allows Writ Petition for Deemed License Under Section 7(1) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 — Quashes Seizure Notice for Failure to Consider Application Within 30 Days. The Court held that the petitioner is deemed to have secured a license when the Market Committee failed to decide the application within 30 days, and the seizure notice was illegal.

27 Apr 2012

The petitioner, Shree Shyambaba Cotton Company, through its proprietor Anil Vallabhdas Kakani, filed a writ petition before the Bombay High Court, Nag...

High Court

Bombay High Court Allows Arbitration Petition Under Section 8 of Arbitration and Conciliation Act, 1996 — Dispute Referred to Arbitration as Shareholders Agreement Contains Valid Arbitration Clause. The court held that the respondents, being parties to the shareholders agreement, must be referred to arbitration despite the petitioner not being a party to that agreement.

4 Oct 2012

The petitioner, Rohini Industrial Electricals Limited, filed an Arbitration Petition under Section 8 of the Arbitration and Conciliation Act, 1996, se...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Insurance Dispute — Floater Policy Interpretation and Burden of Proof Upheld. The court held that the arbitrator's finding that the policy was not a floater policy and that the insured failed to prove loss was not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

27 Nov 2012

The petitioner, M/s. Boghara Polyfab Pvt. Ltd., obtained a Standard Fire and Special Perils Policy from the respondent, National Insurance Company Ltd...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Construction and Interpretation of Sale and Re-conveyance Deeds. Court holds that documents dated 4th February 1970 and 25th January 1971 must be read together to determine true nature of transaction, and that the plaintiff failed to prove title and possession.

20 Mar 2019

The case involves a second appeal arising from a suit for declaration and one-fourth share in the suit property and separate possession. The plaintiff...

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