Search Results for "Defective Authority"

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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 "Defective Authority"

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High Court

Bombay High Court Allows Appointment of Arbitrator in Municipal Construction Dispute Under Section 11(6) of Arbitration Act — Respondent Forfeits Right to Appoint by Delay. The Court held that the ineligibility under Section 12(5) read with Seventh Schedule can be waived, and the Respondent forfeited its right to appoint an arbitrator by failing to act within the prescribed time.

27 Jan 2023

The Petitioner, PSP Projects Limited, a construction company, was awarded a contract by the Respondent, Bhiwandi Nizampur City Municipal Corporation, ...

High Court

Bombay High Court Dismisses Testamentary Petition for Probate Due to Lack of Jurisdiction and Non-Prosecution. The court held that the petitioner failed to establish the deceased's domicile in Maharashtra and did not pursue the petition diligently, resulting in dismissal.

30 Nov -0001

The case involves a testamentary petition filed by Arnold Samson of Sweden, claiming to be the only son and sole heir of the deceased, seeking probate...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Holds that Taking Insurance Policy for Commercial Premises is for Commercial Purpose, Excluding Complainant from Definition of 'Consumer' Under Consumer Protection Act, 1986. The Court ruled that a commercial entity taking fire insurance policy for its business premises is not a 'consumer' under Section 2(1)(d) of the Act, as the policy is taken for commercial purpose.

13 Apr 2023

The present appeals by special leave assail the judgment and order dated 3rd December, 2004 of the National Consumer Disputes Redressal Commission (Na...

High Court

Bombay High Court Admitted Writ Petition Challenging Cooperative Appellate Court's Order in Redevelopment Dispute. Interim Relief Granted for Possession of Flats in Ready Building Despite Opposition from Some Members.

25 Jun 2010

The writ petition was filed by a cooperative housing society ('Godi Kamgar Griha Sanstha Ltd.') and its developer ('Bharat Infrastructure & Engineerin...

High Court

Bombay High Court Upholds Termination of Employees for Illegal Strike and Misconduct Without Enquiry — Justified Under MRTU & PULP Act. Employer's Right to Lead Evidence Before Labour Court to Justify Dismissal Without Enquiry Upheld When Atmosphere of Terror Prevents Disciplinary Proceedings.

22 Oct 2024

The case involves a writ petition filed by 22 ex-employees of M/s. Advani Oerlikon Ltd. challenging the judgment and order of the First Labour Court, ...

High Court

Bombay High Court Allows Summary Judgment in Favor of Contractor for Unpaid Construction Work — Unsupported Denial of Liability and Allegations of Poor Workmanship Do Not Raise Triable Issues Under Order 37 CPC. The court held that a defendant must disclose specific facts to obtain leave to defend; mere allegations without evidence are insufficient.

24 Aug 2012

The plaintiff, a sole proprietor of a construction firm, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the de...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

High Court

Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

8 Apr 2015

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

High Court

Bombay High Court Allows Writ Petition Challenging Constitution of Maharashtra State Board of Wakfs for Violation of Section 14 of Wakf Act, 1995 — Notification Nominating Member of Parliament Quashed. The court held that the State Government must strictly comply with Section 14 of the Wakf Act, 1995, while constituting the Wakf Board, and the nomination of a Member of Parliament as a member was invalid.

18 Jun 2010

The petitioners, ten Dawoodi Bohras, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the constitution of the...

High Court

Bombay High Court Dismisses Section 37 Petition Challenging Arbitrator's Order Terminating Arbitration for Lack of Arbitration Agreement. Developer Fails to Prove Existence of Arbitration Clause in Development Agreement with Cooperative Housing Society.

5 Jun 2023

The petitioner, M/s. Panama Builders & Developers Pvt. Ltd., filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challeng...

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