Search Results for "equitable principle"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "equitable principle"

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High Court

Bombay High Court Allows Execution of Possession Decree Against Court Receiver Despite Lack of Prior Leave - Leave Can Be Granted Retrospectively to Prevent Multiplicity of Proceedings. The court held that the requirement of obtaining leave to sue a receiver is to prevent interference with the court's custody, and such leave can be granted even after the decree to avoid multiplicity of proceedings.

19 Jul 2013

The case involves an appeal against an order of a learned Single Judge granting leave to the first respondent (landlord) to implead the Court Receiver...

High Court

Bombay High Court Allows Appeal in Admiralty Suit for Arrest of Vessel Based on Beneficial Ownership. Court holds that under the International Convention on Arrest of Ships, 1999, a maritime claimant can arrest a vessel beneficially owned by the same person who owns the charterer-debtor, even if the vessel is registered in a different name.

2 Jul 2013

The appellant, Lufeng Shipping Company Ltd., a Chinese company, had a maritime claim of US$ 1,628,658.07 against respondent No.2, Whim Star Chartering...

High Court

Bombay High Court Dismisses Second Appeal by Defendants, Confirming that Document Dated 05.06.1953 is a Mortgage, Not an Agreement of Sale. The Court Upheld the Concurrent Findings of the Lower Courts that the Transaction was a Loan with Possession of Land as Security, and the Plaintiff was Entitled to Possession.

21 Aug 2013

The respondent/plaintiff filed a suit for declaration that a document dated 05.06.1953, styled as an agreement of sale (Isar Pawati), was actually a m...

High Court

Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

25 Sep 2013

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

High Court

Bombay High Court Allows Appeal Against Ad-Interim Injunction in Balcony Construction Dispute - Unauthorized Construction Cannot Be Protected by Injunction. The court held that an injunction cannot be granted to protect an unauthorized construction, as the balance of convenience lies with the party complaining of the illegal structure.

21 Aug 2013

The appeal arises from an order of the City Civil Court, Bombay, granting an ad-interim injunction in favor of the plaintiff (Respondent No.1) to prot...

High Court

Bombay High Court Quashes FIR in Defamation and IT Act Case — Petitioner's Distribution of Pamphlets and Website Content Not Defamatory as No Specific Allegations of Harm to Reputation. Court holds that mere distribution of pamphlets and creation of websites without evidence of publication to third parties or actual harm does not constitute defamation under Section 500 IPC or Section 66A of the Information Technology Act, 2000.

6 Aug 2013

The petitioner, Manoj Oswal, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Proced...

High Court

Bombay High Court Allows Appeal in Partition Suit Due to Disputed Consent Terms. Consent Decree Set Aside as Court Failed to Verify Genuineness of Compromise Under Order XXIII Rule 3 CPC.

20 Sep 2013

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dated 28 September 2012, which made absolute a motion for recordi...

High Court

Bombay High Court Dismisses Appeal in MOFA Agreement Dispute Due to Delay and Conduct — Termination of Agreement Upheld as Plaintiffs Failed to Seek Timely Interim Relief.

25 Oct 2013

The appellants, Purnimakumari Dharmendra Jain and Dharmendra Khetalal Jain, filed a suit in the Bombay High Court seeking a declaration that an agreem...

High Court

Bombay High Court Dismisses Appeals Upholding Rejection of Plaint for Non-Compliance with Mandatory Pre-Suit Notices Under MMC Act and MCS Act. Failure to Serve Notice Under Section 527 of Mumbai Municipal Corporation Act, 1888 and Section 164 of Maharashtra Cooperative Societies Act, 1960 on Public Authorities Renders Plaint Liable for Rejection Under Order 11 Rule 7(d) CPC.

25 Oct 2013

The appellants, Noor Mohd. Shami Shaikh and another, filed First Appeals against a common order dated 6.2.2013 passed by the City Civil Judge, Mumbai,...

High Court

Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

29 Oct 2013

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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