Search Results for "Statutory Rights"

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Arbitration Clause Enforcement in Construction Dispute – Supreme Court Affirms Bar on Compensation Claims. Validity of Contractual Limitation on Damages – Clause 49.5 Enforced – No Deviation from Agreed Terms Allowed

Contractual Terms and Damages – Clause 49.5 of the General Conditions of Contract (GCC) barred claims for damages due to employer delays. The Arbitr...

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Balancing procedural compliance and rights under the Prevention of Food Adulteration Act.

The Bombay High Court dealt with a criminal application under Section 482 of the Cr.P.C. filed by Hindustan Coca-Cola Beverages Pvt. Ltd. to quash pro...

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"Lease Renewal Rights Limited under Caltex Act: Bombay HC Rules in Landmark Eviction Case" "Nationalized entities cannot claim perpetual renewal rights under both contract and statute."

The possession and leasehold rights of a fuel station premises. Hindustan Petroleum Corporation Limited (HPCL) claimed lease renewal rights under both...

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Grant of Deemed Conveyance: Upholding Rights of Housing Societies Despite Unlawful Construction. Balancing flat purchasers' statutory rights with developers' non-compliance under the Maharashtra Ownership of Flats Act (MOFA).

The Bombay High Court addresses the pivotal issue of whether an illegal or unauthorized building structure impairs a cooperative housing society's sta...

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"Premature Federal Society Formation Dismissed: Harmonizing MCS, MOFA, and RERA for Balanced Real Estate Development"

1. Background of the Case (Para 3-5): Lodha Belmondo Housing Federation Ltd., comprising six co-operative societies, sought registration as a Feder...

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"Deemed Conveyance under MOFA: High Court Upholds Societal Rights, Dismisses Ownership Disputes" "Statutory obligations outweigh title conflicts in securing housing societies' rights."

The Bombay High Court dealt with the challenge against the denial of deemed conveyance under Section 11(3) of the Maharashtra Ownership of Flats Act (...

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Suspension of Worker Welfare Schemes Quashed. "Pre-election Model Code of Conduct cannot override statutory rights under welfare laws," rules Bombay High Court.

The legality of a circular issued by the Maharashtra Building and Other Construction Workers’ Welfare Board, which suspended welfare activities unde...

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Transfer of Domestic Violence Proceedings from Girgaon Court to Family Court at Bandra Allowed for Consolidated Hearing. Consolidation of matrimonial and domestic violence proceedings to avoid multiplicity of litigation and conflicting judgments.

The Bombay High Court allowed the transfer of domestic violence proceedings from the Additional Chief Metropolitan Magistrate, Girgaon, to the Family ...

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"Court Upholds Landowners' Rights in Slum Rehabilitation Case" "Judgment reaffirms landowners’ preferential rights under Section 13 of the Maharashtra Slum Areas Act."

The judgment addresses a dispute over two orders issued by the Apex Grievance Redressal Committee (AGRC) that halted the redevelopment of a land decla...

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Supreme Court of India: Judgment on Regulation and Approval of Genetically Modified Crops. Ensuring adherence to environmental safety, legal standards, and public health in the approval process for GM crops in India.

The Supreme Court of India concerning various writ petitions filed in public interest related to the regulation and approval of Genetically Modified (...