Search Results for "Original Application"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Original Application"

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Supreme Court

Supreme Court Dismisses Petition in Contempt Case Due to Suppression of Material Facts. Litigant Found Guilty of Attempting to Pollute Stream of Justice by Concealing Facts and Filing Fabricated Documents, Not Entitled to Relief Under Tainted Hands Doctrine.

19 Jan 2024

The Supreme Court addressed a case involving a litigant's attempt to pollute the administration of justice through suppression of material facts. The ...

High Court

High Court of Judicature at Bombay Decides Challenge to Arbitral Award in Reclamation Work Contract Dispute. Petition Filed Under Section 34 of the Arbitration and Conciliation Act, 1996 Seeking to Set Aside Award for Alleged Procedural Irregularities.

1 Apr 2015

The petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996 by the Board of Trustees of Jawaharlal Nehru Port Trust challeng...

High Court

Bombay High Court Allows Appeal Against Rejection of Condonation of Delay in Arbitration Application Under Section 34 of Arbitration and Conciliation Act, 1996 — Time Spent in Bona Fide Writ Proceedings Excludable Under Section 14 of Limitation Act, 1963. The court held that the District Judge erred in rejecting the condonation application on the ground of non-deposit of 75% of the award amount under Section 19 of MSMED Act, as the issue of pre-deposit is separate from limitation.

1 Feb 2013

The appellant, E-Square Leisure Pvt. Ltd., challenged an arbitral award dated 12 October 2011 passed by the Micro and Small Enterprises Facilitation C...

Supreme Court

Supreme Court Upholds Execution Court's Power to Extend Time for Deposit in Specific Performance Decree Despite Delay. Section 28 of Specific Relief Act, 1963 vests jurisdiction in the court executing the decree to extend time and reject rescission where decree-holder was ready and willing.

20 Sep 2024

The case arises from a suit for specific performance of an agreement to sell dated 18.05.2005. The trial court decreed the suit in part, directing ref...

High Court

Bombay High Court Allows Bank's Petition Challenging Joint Application Requirement for Refund of Court Fees in DRT — Rule 5 of Refund Rules Struck Down as Ultra Vires. The requirement of a joint application by the applicant and defendant for refund of court fees was held arbitrary and beyond the rule-making power under the Recovery of Debts and Bankruptcy Act, 1993.

9 Jun 2023

The petitioner, Yes Bank Limited, a bank governed by the Banking Regulation Act, 1949, had advanced a loan to a borrower who defaulted. The bank filed...

High Court

High Court of Bombay Quashes Maharashtra Revenue Tribunal's Order of Remand in Agricultural Tenancy Cases as Being Unwarranted When No Evidence of Tenancy Existed. The Court Holds That Remand for Fresh Enquiry is Impermissible Under Principles Analogous to Order XLI Rules 23 and 23A of Code of Civil Procedure, 1908, When the Revisional Authority Concludes That There Is No Material to Prove the Claim of Tenancy Under Section 70(b) of Bombay Tenancy and Agricultural Lands Act, 1948.

1 Nov 2012

The High Court of Judicature at Bombay dealt with 128 writ petitions filed by landowners challenging a common order of the Maharashtra Revenue Tribuna...

High Court

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

High Court

Bombay High Court Quashes CBEC Circular on Service Tax Refund for Exporters — Circular Held Ultra Vires Section 11B of Central Excise Act, 1944 and Section 93 of Finance Act, 1994.

1 Feb 2013

The Bombay High Court, in a batch of writ petitions filed by various companies including Larsen & Toubro Limited, Uhde India Private Limited, Tata Tel...

High Court

High Court of Bombay Upholds Rejection of Amendment to Written Statement in Eviction Suit; No Due Diligence Shown After Commencement of Trial. Tenant's Application to Add Waiver Plea Based on Municipal Tax Payments Fails Under Order 6 Rule 17 CPC as Knowledge of Tax Payments Existed Throughout.

20 Oct 2006

The matter arose from a suit for eviction and mesne profits filed by the landlord against the tenant in the Small Causes Court at Mumbai. The landlord...

High Court

Bombay High Court Allows Petition Challenging Re-Development Agreement and Bye-Law Amendments in Co-operative Housing Society. Court Holds That Re-Development Agreement and Bye-Law Amendments Without General Body Approval Are Void Under Maharashtra Co-operative Societies Act, 1960.

9 Jun 2026

The petitioner, B. K. Corporation, an association of persons, filed a writ petition challenging the validity of a re-development agreement and bye-law...

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