Search Results for "Indian Companies Act 1913"

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Bombay High Court Allows Petition Against Forfeiture of Earnest Money in Toll Collection Tender Dispute. Variation in Contract Period from 90 Weeks to 52 Weeks Constitutes Counter-Offer, Not Acceptance, Thus Forfeiture Invalid.

The petitioner, M/s Abhay Construction, a partnership firm, submitted a tender to the Maharashtra State Road Development Corporation Ltd. for collecti...

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Bombay High Court Dismisses Appeal Against Attachment Before Judgment in Recovery Suit by Financial Institutions. Non-Compliance With Order 38 Rule 5A CPC Does Not Invalidate Order Absent Prejudice.

The appeal arises from a suit filed by financial institutions (respondents 2 to 12) against J.K. Synthetics Limited (appellant) for recovery of dues. ...

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Bombay High Court Adjudicates Writ Petition Against MMRDA's Demand for Additional Premium on Alleged Construction Delay. Court Examines Whether Demand is Arbitrary and Violative of Article 14 Given Delays Attributed to the Authority.

The present writ petition was filed by Shree Naman Hotels Pvt. Ltd., a subsidiary of Shree Naman Developers Ltd., against the Mumbai Metropolitan Regi...

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Supreme Court Allows Appeal in Eviction Suit, Restores Trial Court Orders to Receive Additional Documents. Verification of plaint by constituted agent is sufficient to show authority, and reference to documents in plaint averments justifies their production under Order VII Rule 14(3) CPC.

The appellant, Marwari Relief Society, a charitable institution, filed an eviction suit against the respondent, Amulya Kumar Singh, in 1991 before the...

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Bombay High Court Allows Appeal Against Dismissal of Application to Set Aside Ex-Parte Decree — Decree Set Aside on Condition of Costs. Ex-parte decree set aside as defendant had sufficient cause for absence and application was maintainable under Order IX Rule 13 CPC.

The appellant, original defendant No.2, suffered an ex-parte decree dated 12.11.2003 for want of filing a written statement. He filed a notice of moti...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order Refusing to Implead Parties in Suit for Specific Performance — Petitioner Lacks Direct Interest in Property and Cannot Compel Performance of Contract Between Others.

The petitioner, Sri K. Lakshmaiah Reddy, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 22.02.2022 p...

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Bombay High Court Dismisses Appeal Against Order of Status Quo and Appointment of Receiver in Property Dispute. Court Holds That Suit for Declaration and Injunction Is Not Barred by Limitation or Res Judicata and That Receiver Cannot Be Removed Without Proper Application.

The appeal arises from a suit filed by the respondents (Afzal Khan and others) against the appellants (Mehboob Ayub Khan and others) seeking declarati...

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High Court of Bombay Adjudicates Writ Petition Against MMRDA Regarding Levy of Additional Premium on Leasehold Land. Petitioner Assails Demand Notice as Contrary to Lease Agreement and Arbitrary.

The Writ Petition was instituted challenging the Demand Notice dated 9th September 2014 issued by Respondent No.1 – Mumbai Metropolitan Region Devel...

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High Court of Karnataka Dismisses Writ Petition Challenging Dismissal of Arbitration Suit for Non-Compliance of Court Order. Petitioner Failed to Pay Costs as Directed, Leading to Dismissal Under Order IX Rule 8 CPC.

The petitioner, M/s Crompton Greaves Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 2...