Search Results for "Prothonotary order"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Prothonotary order"

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High Court

Bombay High Court Allows Appeal by Defendants in Property Dispute — Holds That Plaintif Failed to Establish Prima Facie Case for Injunction Restraining Sale of Flat. Court finds that the agreement for sale was not a concluded contract and the plaintif's claim for specifc performance was not maintainable.

18 Mar 2021

The present appeal arises from an interim order dated 28 January 2021 passed by the learned Single Judge in Interim Application (L) No. 196 of 2021 in...

High Court

Bombay High Court Dismisses BCCI's Section 9 Petition for Enhanced Bank Guarantee in IPL Franchise Dispute. Court holds that interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be used to modify or enhance security already ordered by consent, and that the petitioner failed to demonstrate any new circumstances warranting additional protection.

24 Feb 2012

The petitioner, Board of Control for Cricket in India (BCCI), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking a...

High Court

Bombay High Court Allows Appeal in Company Petition — Interim Relief Granted to Restrain Alienation of Property. Balance of convenience favored grant of ad-interim relief to protect subject matter of petition under Sections 397, 398 of Companies Act, 1956.

1 Jan 2025

The present appeal arises from a Company Petition No. 149 of 2012 filed under Sections 397 and 398 of the Companies Act, 1956, alleging oppression and...

High Court

High Court of Judicature at Bombay Adjudicates Creditor's Application for Secured Creditor Status in Liquidation; Cooperative Bank's Claim Based on Unregistered Mortgage and Recovery Certificate Under Maharashtra Cooperative Societies Act, 1960. A Recovery Certificate ordering attachment and sale does not create a charge on company assets without registration under Section 125 of the Companies Act, 1956, and an unregistered mortgage is void against the Official Liquidator.

3 Jun 2019

This matter arose in the winding up of Satwik Electric Controls Private Limited (the Company), ordered to be wound up on 19 July 2007. City Coop Credi...

High Court

High Court of Bombay Considers Writ Petition Against Compulsory Retirement of Former Civil Judge; Alternative Remedy Not Exhausted But Court Proceeds to Hear Merits. Dispute concerns whether judicial officer's grant of bail in non-bailable offenses after rejection by Sessions Court and procedural irregularities under CrPC constitute misconduct warranting compulsory retirement.

26 Jul 2005

The petitioner, a former Joint Civil Judge (Junior Division) and Judicial Magistrate, filed a writ petition under Article 226 before the Bombay High C...

High Court

High Court of Judicature at Bombay Directs State Government to Expedite Land Allotment for New High Court Complex in PIL on Court Infrastructure. Need for Adequate Judicial Infrastructure Recognized as Fundamental to Rule of Law; State Obligated to Provide Suitable Premises.

22 Jan 2019

This Public Interest Litigation was filed by an advocate practicing at the Bombay High Court, seeking a writ of mandamus directing the State Governmen...

High Court

Bombay High Court Allows Transfer of Arrested Vessel for Cargo Discharge and Repairs Subject to Security and Undertakings. Head Owners Granted Permission to Move M.T. Everrich 8 from Ennore to Haldia, with Conditions to Protect Plaintiff's Claim and Court's Jurisdiction.

14 Sep 2015

The case involves a Notice of Motion filed by the head owners of the vessel M.T. Everrich 8 (the Applicant) seeking transfer of the vessel from the po...

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 Examines Arbitral Tribunal's Interim Order Directing Undertaking Against Alienation of Property. Arbitration Petition Filed Under Section 37 of the Arbitration and Conciliation Act, 1996 Challenging Order Under Section 17 in a Long-Pending Development Dispute.

25 Mar 2019

The Arbitration Petition under Section 37 of the Arbitration and Conciliation Act, 1996 was filed challenging the Arbitral Tribunal's interim order da...

High Court

Bombay High Court Dismisses Appeal Against Grant of Liberty to Withdraw Suit Under Order 23 Rule 1(3) CPC — Appeal Not Maintainable Under Section 13 of Commercial Courts Act, 2015. The order granting leave to withdraw with liberty to file fresh suit is not a 'judgment' under Section 13 of the Commercial Courts Act, 2015, and hence no appeal lies.

11 Mar 2022

The Appellant, Resilient Innovations Private Limited, filed an appeal under Section 13 of the Commercial Courts Act, 2015, challenging an order of the...

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