Search Results for "discretionary power"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "discretionary power"

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High Court

Bombay High Court Dismisses Revision Against Refusal to Drop Witnesses and Array Them as Accused in Sohrabuddin Fake Encounter Case. Court Holds That Power Under Section 319 CrPC Is Discretionary and Cannot Be Invoked by an Accused at Trial Stage Without Evidence.

28 Mar 2016

The applicant, a senior IPS officer and accused No. 2 in the Sohrabuddin fake encounter case, filed a criminal revision challenging the Sessions Court...

High Court

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.

30 Nov -0001

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

High Court

Bombay High Court Dismisses Writ Petition Challenging Trial Court Order Refusing to Strike Out Defence for Non-Payment of Interim Rent Under Section 13(2) of the Maharashtra Rent Control Act, 1999. The Court Held That the Provision for Striking Out Defence Is Discretionary and Not Mandatory, and the Trial Court's Discretion Should Not Be Interfered With Unless Perverse.

30 Nov -0001

The petitioners, seven cooperative housing societies, filed a writ petition challenging an order of the trial court dated 30th April 2013, which rejec...

High Court

Bombay High Court Dismisses Petition Seeking Declaration as Nominated Councilor in Municipal Council — Petitioner Failed to Establish Entitlement to Nomination Under Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The court held that nomination under Section 10 of the Act is a discretionary power of the State Government and cannot be claimed as a matter of right, thus no writ of mandamus lies.

5 Feb 2013

The petitioner, Vinod Gopichand Rathod, filed a writ petition in the Bombay High Court, Aurangabad Bench, seeking a writ of mandamus to direct the Col...

High Court

Bombay High Court Quashes Damages Levy for Delayed PF Contributions Due to Financial Hardship and Change of Management. Employer's Delay from 1973 to 1987 Condoned as No Mens Rea Established and Subsequent Compliance Shown.

15 Jul 2005

The petitioner, M/s. Sangam Press Pvt. Ltd., challenged an order of the Regional Provident Fund Commissioner (RPFC), Pune, imposing damages for delaye...

High Court

High Court of Bombay at Goa Partially Allows Contractor's Appeal in Contract Dispute Over Interest and Escalation Claims. Court holds that interest under Section 34 CPC is discretionary and that escalation claims not pleaded cannot be awarded.

8 Feb 2019

The dispute arose out of a contract for improvement of riding quality of NH-4A in Goa awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contr...

High Court

High Court of Karnataka Upholds Trial Court's Discretion in Rejecting Judgment on Admissions and Allowing Amendment of Written Statement in Property Suit. Court holds that admissions must be clear, unambiguous, and unequivocal for decree under Order XII Rule 6 CPC, and that amendment of pleadings under Section 151 CPC is permissible to clarify or add new facts.

5 Mar 2019

The case involves two writ petitions arising from a civil suit O.S. No. 1165/2009 pending before the XLIII Additional City Civil and Sessions Judge, B...

High Court

Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

4 Oct 2012

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

High Court

Bombay High Court Dismisses Section 9 Petition for Interim Relief in Arbitration Dispute Over Lease Deposit Refund. Court holds that a claim for refund of a deposit is a monetary claim and cannot be secured by way of interim measure under Section 9 of the Arbitration and Conciliation Act, 1996 unless there is a specific agreement or clear evidence of intention to create a charge.

7 May 2012

The petitioner, BNP Paribas Securities India Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim...

High Court

Bombay High Court Dismisses Appeals in Property Suit — Upholds Refusal to Strike Out Defence Under Order 8 Rule 10 CPC for Failure to File Written Statement Within 90 Days. The court held that the power to strike out defence is discretionary and not automatic, and that non-disclosure of defence under Order 6A Rule 3 CPC does not justify striking out.

21 Dec 2017

The present appeals arise from a suit filed in 1987 by Behram Nowrosji Gamadia and Jehangir Dhan Mistri (original plaintiffs) against several defendan...

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