Search Results for "Encumbrances"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Encumbrances"

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High Court

Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Failure to Perform Contractual Obligations Does Not Attract Criminal Liability Under Sections 406 and 420 IPC Without Proof of Fraudulent Intent at Inception.

27 Sep 2019

The case involves a criminal writ petition filed by V.B. Padode and M/s. Dataline and Research Technologies (I) Ltd. (the petitioners) challenging the...

High Court

Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Constructions in Shirdi — Held That No Notice Under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 Is Required Before Demolition of Unauthorized Structures Under Section 52.

4 Jul 2019

The judgment concerns two writ petitions filed by residents of Shirdi challenging the demolition of their structures by the Shirdi Nagar Panchayat. Th...

High Court

Bombay High Court Allows Release of Land from ULC Proceedings Due to Abatement Under Repeal Act — Land Held to Be Bhoomiswami, Not Nazul Lease, Entitling Petitioners to Restoration of Possession and Mutation.

30 Apr 2019

The petitioners, Smt. Parvatibai wd/o Dashrath Behar and Narayan s/o Late Shri Dashrath Behar, filed a writ petition seeking release of land admeasuri...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Immovable Property — Purchaser Failed to Demonstrate Willingness to Complete Transaction. Readiness without willingness is insufficient for specific performance under Section 16(c) of the Specific Relief Act, 1963, as the plaintiff insisted on adjustment of loans without calling upon defendant to pay its share.

8 Apr 2019

The suit was filed by G Ram Construction Company (plaintiff) against Chowgule & Company (Hind) Pvt Ltd (defendant) for specific performance of an agre...

High Court

Bombay High Court Allows Appeal Against Refusal of Injunction in Property Dispute — Sale Deed and Power of Attorney Challenged as Fraudulent. Court finds prima facie case of fraud and misrepresentation in execution of power of attorney and subsequent sale deed, granting injunction to protect plaintiffs' ownership rights.

28 Aug 2013

The appellants/plaintiffs, Hanif Gulamali Somji and others, filed an appeal against an order of the learned VI Joint Civil Judge Senior Division, Nash...

High Court

Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

19 Nov 2012

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

High Court

Bombay High Court Dismisses Suit by Unregistered Partnership Firm Under Section 69 of Indian Partnership Act, 1932. Suit for Declaration and Injunction Barred as Firm Not Registered, No Exception for Suits Relating to Partnership Property Applies.

6 Nov 2012

The plaintiffs, seven individuals, filed a suit seeking a declaration that they are partners of the firm Laxmi Developers and for an injunction restra...

High Court

Bombay High Court Dismisses Appeal of Non-Tribal Transferees in Land Restoration Case — Non-Obstante Clause in Special Act Prevails Over General Revenue Code. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 overrides Section 36 of the Maharashtra Land Revenue Code, 1966, and principles of res judicata do not bar suo motu proceedings under Section 3 of the Special Act.

17 Jul 2012

The case involves an intra-court appeal filed by non-tribal transferees (appellants) against a judgment of a learned Single Judge of the Bombay High C...

High Court

Bombay High Court Dismisses Petitions Challenging Land Acquisition for Agricultural University Due to Inordinate Delay. Land Acquisition Act, 1894 — Sections 4, 6, 9, 11 — Petitioners challenged acquisition after 20 years of award; court held delay and laches bar the writ petitions.

10 May 2012

The judgment concerns five writ petitions filed by landowners whose lands were acquired for the benefit of Panjabrao Krishi Vidyapeeth, Akola, under t...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Share Purchase Dispute — Upholds Majority Award on Misrepresentation of Receivables. The court held that the arbitral tribunal's findings on misrepresentation and damages were not perverse and did not warrant interference under Section 34 of the Arbitration and Conciliation Act, 1996.

16 Mar 2012

The petitioner, GWL Properties Ltd. (formerly Gordon Woodroffe Ltd.), challenged a majority arbitral award dated 31 August 2009 under Section 34 of th...

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