Search Results for "irrevocable"

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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 Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...

Search Results for "irrevocable"

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High Court

Bombay High Court Allows Writ Petition Challenging Appellate Order in Leave and License Dispute — Interim Relief Granted to Licensee Pending Suit. The court held that the licensee had a prima facie case and balance of convenience in its favour, and the license was irrevocable under Section 60(b) of the Indian Easements Act, 1882.

22 Dec 2023

The petitioner, Wework India Management Private Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dat...

High Court

Bombay High Court Allows Interim Application for Impleadment in Writ Petition Concerning Demolition of Building — Applicant Claims Ownership of Flat and Seeks to Protect Possession. The court held that the applicant has a direct interest in the property and should be heard before any order affecting his rights is passed.

13 Dec 2023

The judgment pertains to an interim application filed by Nagesh Madhava Suvarna seeking impleadment in a pending writ petition. The writ petition was ...

High Court

Bombay High Court Quashes FIR Against Finance Company for Vehicle Repossession Under Section 482 CrPC — Loan Default and Hypothecation Agreement Justify Taking Possession of Excavator. The court held that repossession of a hypothecated vehicle upon default does not constitute theft under Section 379 IPC, and continuing criminal proceedings would be an abuse of process.

11 Dec 2023

The case involves an application filed by Tata Capital Ltd. (Applicant No.1) and its Regional Collection Manager, Mr. Vipul Upadhyay (Applicant No.2),...

High Court

Bombay High Court Dismisses Revision Against Condonation of Delay in Restoration of Suit — Limitation Period for Filing Restoration Application Not Governed by Article 137 of Limitation Act, 1963. The court upheld the trial court's order condoning a 10-year delay in filing restoration application, holding that Article 137 does not apply to restoration applications and the court has inherent power under Section 151 CPC.

14 Dec 2022

The present Civil Revision Application was filed by the applicants (original defendants) challenging the judgment and order dated 04.05.2022 passed by...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint in Specific Performance Suit — Agreement to Sale Not Disputed by Defendants. The court held that the valuation of the suit property by the plaintiff was not shown to be arbitrary or mala fide, and the defendants had not disputed the agreement to sale, thus the plaint could not be rejected under Order 7 Rule 11 CPC.

5 Dec 2022

The applicant, Prakash Wanjari, along with two others, entered into an agreement to sale dated 18/01/2009 with the non-applicants (defendants) for the...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Contract Dispute. Court holds that invocation of unconditional bank guarantees must be honoured unless there is clear fraud or irretrievable injustice, and disputes over contract termination do not constitute fraud.

22 Mar 2022

The Appellant, Reliance Infrastructure Limited, entered into a contract with Respondent No.1, NLC India Limited, for the supply of coal under a Letter...

High Court

High Court of Bombay Restrains Invocation of Bank Guarantee in Contract Dispute Due to Disputed Claims and Absence of Clear Forfeiture Clause. The court held that an unconditional bank guarantee can be restrained only in cases of fraud or irretrievable injustice, but where the guarantee is not encashed and the dispute is pending, interim protection can be granted to maintain status quo.

5 Nov 2020

The petitioner, M/s. Cipel, a construction company, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judi...

High Court

Bombay High Court Allows Petition to Refer Dispute to Arbitration in Bank Guarantee Case — Arbitration Agreement Survives Despite Non-Signature of Work Order. The court held that an arbitration agreement need not be signed if there is sufficient evidence of mutual acceptance, and the work order was acted upon by both parties.

30 Sep 2020

The petitioner, M/s Indo Unique Flame Ltd., filed a writ petition challenging the order dated 18th January 2018 passed by the Commercial Court, Nagpur...

High Court

Bombay High Court Dismisses Petition Challenging Eviction Order Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Children Cannot Invoke Act Against Parent. The Act is designed for maintenance and welfare of senior citizens, not for children to seek eviction of their father.

19 May 2020

The petitioners, Mrs. Nayana Sudhir Shah (wife of respondent No.1) and their major children, filed a Writ Petition under Article 227 of the Constituti...

High Court

Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

7 Jan 2020

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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