Search Results for "unwillingness"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "unwillingness"

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High Court

Bombay High Court Dismisses Tenants' Writ Petition, Affirming Eviction for Acquiring Suitable Accommodation and Subletting. Heir Recognized as Tenant by Landlord's Conduct and Issuance of Rent Receipts Cannot Transfer Tenancy to a Brother Without Landlord's Acknowledgment Under Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947.

9 Aug 2005

The dispute pertained to eviction from three rooms on the ground floor of a building in Lonavala. The original tenant, the father of the petitioners, ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 9 Petition in Development Dispute — No Prima Facie Case for Injunction Against Possession. The court held that the appellants failed to establish a prima facie case for interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 as the development agreement did not grant possession.

4 Mar 2016

The appellants, Prajita Developers Pvt. Ltd., filed an appeal against an order dated 14.01.2016 passed by a learned Single Judge of the Bombay High Co...

High Court

Bombay High Court Allows Habeas Corpus Petitions for Custody of Children Allegedly Adopted Through Unlawful Means — Emphasizes Child's Welfare Over Procedural Irregularities in Adoption Deeds. Court holds that writ of habeas corpus is maintainable by persons claiming custody of minor children, even if not biological parents, and that the best interest of the child is paramount, directing interim custody to petitioners pending investigation.

22 Jul 2024

The Bombay High Court dealt with three writ petitions seeking habeas corpus for custody of minor children who were taken away by the Child Welfare Com...

High Court

Bombay High Court Allows Father's Appeal for Custody of Minor Son in Guardians and Wards Act Case — Welfare of Child Paramount, Father's Acquittal in Murder Case Not a Bar to Custody. The court held that the natural father is entitled to custody under Section 25 of the Guardians and Wards Act, 1890, unless he is unfit, and the minor's wish is not decisive.

4 Jan 2022

The appellant, Suhas Uttam Gangawane, is the father of a minor son, Asit, who was approximately 16 years old at the time of the judgment. The appellan...

High Court

Bombay High Court Dismisses Employee's Petition Challenging Transfer from Navi Mumbai to Mysore. Transfer Order Upheld as Valid Exercise of Employer's Right Under Contract of Service.

12 Mar 2018

The petitioner, Uday Shantikumar Dixit, joined Larsen & Toubro Ltd. (respondent no.1) on 23rd November 1981 as an Assistant Draughtsman and was later ...

High Court

Bombay High Court Quashes Detention Order Under MPD Act for Non-Application of Mind and Lack of Public Order Disturbance. Detenu's Preventive Detention as Dangerous Person Set Aside as In-Camera Statements Were Not Properly Considered and Bail/Notice Under Section 41-A CrPC Were Ignored.

21 Apr 2023

The petitioner, Atahar Khan Amir Khan, a detenu, challenged the detention order dated 29.08.2022 passed by the Collector and District Magistrate, Akol...

High Court

Bombay High Court Delivers Judgment in Public Interest Litigation No. 47 of 2013 Regarding Change of Land Use and Allotment. The court examined the validity of modifying user of a plot from public utility to commercial and the subsequent allotment to a trust.

7 Sep 2016

This Public Interest Litigation (PIL) was filed by Citizen Forum For Equality, a registered NGO, challenging the modification of user of a plot in the...

Supreme Court

Supreme Court Dismisses Appeal of Employer Seeking Exclusion of Retired Railway Employees from EPF Coverage. Retired Employees Who Withdrew Full GPF Accumulations Are Not 'Excluded Employees' Under Paragraph 2(f) of the Employees' Provident Funds Scheme, 1952, as the Term 'Fund' Refers Only to the EPF Fund Established Under the Act.

26 Mar 2019

The case involves an appeal by Modern Transportation Consultation Services Pvt. Ltd. and its director against the judgment of the Division Bench of th...

Supreme Court

Supreme Court Dismisses Petition for Appointment of Arbitrator in Franchise Dispute Due to Ex-Facie Time-Barred Claims. Limitation Act, 1963 applies to Section 11(6) applications under the Arbitration and Conciliation Act, 1996, and the court may refuse reference where claims are hopelessly barred by limitation.

1 Mar 2024

The petitioner, M/s Arif Azim Co. Ltd., a company based in Afghanistan, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, ...

Supreme Court

Supreme Court Dismisses Wife's Appeal in Divorce Case Upholding Findings of Cruelty and Desertion. Family Court and High Court's factual findings based on evidence appreciation were affirmed as no perversity was demonstrated under Sections 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act, 1955, though maintenance was modified to monthly payments.

10 Apr 2026

The dispute arose from a divorce petition filed by the husband against the wife under the Hindu Marriage Act, 1955. The parties were married in 2002 a...

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