Search Results for "Enforceability"

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Bombay High Court Allows Impleadment of Legal Heirs and Grants Leave to Continue Proceedings in Specific Performance Suit. Transfer of Property During Pendency of Lis Pendens Does Not Affect Rights of Parties Under Order 22 Rule 4 and Rule 10 CPC.

The Plaintiff, Nirav Deepak Modi, filed Suit No. 1166 of 2006 for specific performance of an agreement for sale concerning a suit property. The suit w...

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Bombay High Court Dismisses Writ Petition Seeking to Restrain CIDCO from Enforcing Contractual Stipulation. Writ jurisdiction cannot be invoked to prevent a party to an agreement from insisting upon a contractual term.

The petitioner, M/s G.D.C. Buildcon Pvt Ltd., filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seekin...

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Bombay High Court Dismisses Winding Up Petition Based on Ex-Parte US Default Judgment — Foreign Decree Not a Debt Under Section 433(e) Companies Act, 1956 Without Satisfying Conditions for Enforcement in India.

The petitioner, Marine Geotechnics LLC, an American company, obtained an ex-parte default judgment against the respondent, Coastal Marine Construction...

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Bombay High Court Allows Union's Petition in Unfair Labour Practice Case - Layoff and Lockout by Company Held Illegal. Company's Failure to Obtain Permission Under Section 25M of Industrial Disputes Act, 1947 and Subsequent Lockout Constitute Unfair Labour Practices Under MRTU & PULP Act, 1971.

The Maharashtra General Kamgar Union filed a writ petition under Article 226 of the Constitution challenging an order of the Industrial Court dated 30...

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Bombay High Court Dismisses Review Petitions in Industrial Dispute Over Bonus Payment — No Error Apparent on Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to errors apparent on face of record; re-argument on merits not permitted.

The judgment concerns a batch of review petitions filed against a common judgment dated 18th December 2013 passed by the Bombay High Court in several ...

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Bombay High Court Allows Writ Petitions Challenging Electricity Theft Assessment Orders — Lack of Proper Hearing and Violation of Natural Justice. Assessment under Section 126 of Electricity Act, 2003 set aside due to failure to provide adequate opportunity to the consumer.

The petitioners, Maharashtra State Electricity Distribution Company Ltd., filed two writ petitions challenging assessment orders passed by the Superin...