Search Results for "discretionary grant"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "discretionary grant"

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High Court

Bombay High Court Dismisses PIL Challenging Building Construction in Cessed Building Area — No Violation of DCR Found. Petitioner failed to establish that the construction violated Development Control Regulations or that the building was a cessed building under MHADA.

20 Feb 2023

The petitioner, Asif Abdul Sattar, filed a Public Interest Litigation before the Bombay High Court challenging the construction of a building by Respo...

High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Rejects Trial Court's Dismissal of Temporary Injunction. Agreement of Sale for Rs.10.75 Crore with Rs.5 Crore Advance — Prima Facie Case and Balance of Convenience in Favor of Plaintiff-Appellant.

23 Nov 2024

The appellant, M/s. Sanjeevini Developers and others, filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

19 Jun 2019

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Land Acquisition Due to 38-Year Delay and Laches. Consent terms entered by petitioner's father in 1966 binding on petitioner; possession taken in 1972; petition filed in 2010 without explanation.

17 Mar 2025

The petitioner, Abhay V. Khinvasara, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition of land bearing ...

High Court

High Court of Karnataka Allows Appeal for Specific Performance of Sale Agreement — Plaintiff Proved Readiness and Willingness to Perform Contract. The court held that the plaintiff was entitled to specific performance as he had deposited balance consideration and issued notice, satisfying Section 16(c) of Specific Relief Act, 1963.

6 Apr 2022

The appellant/plaintiff filed a suit for specific performance of an agreement of sale dated 12.09.2007 and 20.09.2007 for suit schedule property. The ...

High Court

High Court of Karnataka Allows Recall of Victim for Cross-Examination in POCSO Case — Right to Fair Trial Prevails Over Delay Concerns. The court held that the right to cross-examine is a fundamental part of a fair trial and that Section 311 CrPC confers wide discretion to recall a witness if essential for just decision, setting aside the trial court's rejection of the recall application.

13 Mar 2019

The petitioner, Chandrakant @ Kantu, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court ...

High Court

High Court of Karnataka Quashes ITAT's Rectification Order in Income Tax Case — Tribunal Exceeded Jurisdiction Under Section 254(2) by Reviewing Its Own Decision. Mistake Apparent from Record Must Be Obvious and Not Require Re-appreciation of Evidence.

23 Sep 2023

The petitioner, M/s. I.G. Petrochemicals Ltd., an assessee under the Income Tax Act, 1961, filed a writ petition challenging the order dated 05.09.202...

Supreme Court

Supreme Court Cancels Bail in IPC Forgery Case Due to Material Suppression and Witness Intimidation -- Appellant's Appeal Against High Court's Bail Order Upheld as Accused Concealed Multiple FIRs and Abused Liberty

11 Feb 2026

The Supreme Court heard a criminal appeal against the High Court's order granting bail to Respondent No. 2 in an FIR involving offences under Sections...

High Court

High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell dated 28.05.2012 for Rs.2,89,000/- with Rs.2,00,000/- Earnest Money Enforced as Plaintiff Proved Continuous Readiness and Willingness.

28 Jun 2024

The plaintiff-respondent filed a suit for specific performance of an agreement to sell dated 28.05.2012, whereby the defendants-appellants agreed to s...

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