Search Results for "Legal necessity"

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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 "Legal necessity"

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High Court

Bombay High Court Dismisses Petition Challenging Magistrate's Refusal to Order Investigation Under Section 156(3) CrPC — Magistrate Has Discretion to Choose Between Section 156(3) and Chapter XV Procedures. The Court held that a Magistrate is not bound to order police investigation under Section 156(3) CrPC upon receiving a complaint and may instead proceed under Section 200 CrPC.

2 Sep 2014

The petitioner, Subhash Kanade, was the original complainant who filed a complaint before the Metropolitan Magistrate, 27th Court at Mulund, alleging ...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

Bombay High Court Allows Trust's Petition for Sale of Property Under Section 36(1) of Maharashtra Public Trusts Act, 1950 — Remand for Fresh Consideration. The court directed the Joint Charity Commissioner to consider the application on merits, including necessity and benefit of sale, and not to reject solely on the ground that the property is a source of income.

6 Mar 2024

The petitioner, Shree Brahmanath Devasthan Unchagaon, a public charitable trust registered under the Maharashtra Public Trusts Act, 1950, sought permi...

Supreme Court

Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

13 Dec 2021

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

High Court

Bombay High Court Quashes Charity Commissioner's Permission for Sale of Trust Property Due to Inadequate Valuation and Procedural Irregularities. The Court held that the Joint Charity Commissioner failed to conduct an independent assessment of market value and did not ensure compliance with tender conditions, violating Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950.

7 Mar 2025

The petitioner, a former trustee of Respondent No.2 Trust, challenged an order dated 8th July 2024 passed by the Joint Charity Commissioner-2, Mumbai,...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Partition Suit. Petitioner Failed to Show Sufficient Cause for Non-Appearance Despite Having Knowledge of Proceedings and Filing Written Statement.

28 Oct 2025

The petitioner, Smt. Sokkamma (since deceased, represented by her LR M. Byrappa), filed a writ petition under Article 227 of the Constitution of India...

High Court

Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Equipment Supply Dispute — Respondent's Failure to Appoint Arbitrator Justifies Court Intervention. Existence of Arbitration Clause Confirmed; Court's Role Limited to Section 11(6) of Arbitration and Conciliation Act, 1996.

12 Nov 2024

The petitioner, Master Drilling India Private Limited, entered into an Equipment Supply Agreement dated 01.10.2021 with the respondent, Sarel Drill & ...

Supreme Court

Supreme Court Directs Matters to Final Hearing on Whether Pre-execution Challenge to COFEPOSA Detention Orders Can Be on Grounds Beyond Alka Subhash Gadia Exceptions. The Court Examined if New Grounds Such as Absence of Live Link and Delay Could Be Used to Challenge Detention Orders Before Execution.

1 Aug 2026

The Supreme Court dealt with a batch of matters challenging detention orders passed under the Conservation of Foreign Exchange and Prevention of Smugg...

Supreme Court

Supreme Court Allows Advocate's Appeal Against Inclusion in Caution List by Indian Banks Association - Holds Caution List Only for Fraud or Serious Misconduct, Not Negligence. The Court ruled that the Caution List maintained by IBA cannot be used for alleged negligence or errors of professional judgment, and that matters of professional conduct are within the exclusive jurisdiction of the Bar Council of India under the Advocates Act, 1961.

7 Jul 2026

The appellant, an advocate, served as panel counsel for Canara Bank. In 2015, he rendered a legal opinion which the Bank considered negligent. Consequ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Case — Agreement Not Binding on Minor Coparceners. Karta's alienation of joint family property without legal necessity or benefit is not binding on minors; readiness and willingness cannot be considered for first time in appeal without issue framed.

22 Dec 2018

The appellants, original defendants 1 to 5, are members of a joint Hindu family. Respondent 1, Kiran Avachat, filed Special Civil Suit 78/2006 for spe...

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