Search Results for "mandatory obligation"

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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 "mandatory obligation"

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High Court

Bombay High Court Rejects Plaint for Non-Compliance with Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Urgent Interim Relief and Without Mandatory Mediation is Barred.

17 Nov 2025

The defendant, Dipti Co-operative Housing Society Ltd, filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking reje...

High Court

Bombay High Court Quashes Deemed Conveyance Order Under MOFA Due to Lack of Notice to Developer. Section 11 of MOFA Requires Notice to All Parties Before Granting Unilateral Conveyance.

5 Jun 2023

The petitioners, M/s. ACME Enterprises (a partnership firm) and its partner Mr. Ummedra K. Vardhan, challenged an order dated 26th November 2019 passe...

High Court

Bombay High Court Quashes Conviction in Cheque Bounce Case Due to Delayed Notice Beyond 30 Days Under Section 138 NI Act. Notice Posted on 31st Day from Bank Intimation Fails to Meet Mandatory Requirement of 'Giving Notice' Within 30 Days.

1 Oct 2024

The case involves a criminal revision application filed by the accused, Shivnath Suryoba Gaonkar, challenging his conviction under Section 138 of the ...

Supreme Court

Supreme Court Upholds Executability of Specific Performance Decree Despite Delay in Deposit of Balance Consideration. Non-Deposit Within Stipulated Time Does Not Automatically Render Decree Inexecutable; Judgment-Debtor Must Seek Rescission Under Section 28 of Specific Relief Act, 1963.

6 May 2026

The case involves a dispute over the execution of a decree for specific performance of an agreement to sell agricultural land. The appellant, Habban S...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

15 Mar 2021

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

High Court

High Court of Bombay Hears Municipal Corporation's Challenge to Industrial Tribunal's Award Directing Permanent Absorption of 2700 Sweepers and Loaders Engaged in Solid Waste Management. The Case Involves Determination Whether Workers Who Performed Essential Statutory Duties for Over 240 Days Are Entitled to Regularization Under Industrial Disputes Act, 1947 Despite Being Engaged Through Intermediaries.

22 Dec 2016

The Mumbai Municipal Corporation, established under the Mumbai Municipal Corporation Act, 1888, challenged an award of the Industrial Tribunal, Mumbai...

High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

High Court

High Court of Bombay Restrains Bank from Honoring Bank Guarantee Invocation After Completion of Contract — Invocation Held Invalid as Guarantee Ceased to Be Operative. The court held that the bank guarantee had ceased to be operative upon completion of the contract as certified by the Independent Engineer, and the beneficiary's invocation was not in terms of the guarantee.

12 Apr 2013

The plaintiff, M/s. ABG Kandla Container Terminal Ltd., filed a suit seeking declarations that a bank guarantee had ceased to be operative and that th...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Deemed Conveyance Application Under MOFA — Holds That Competent Authority Cannot Reject Application on Grounds of Missing Documents After Issuing Notice, and That Lack of Occupation Certificate Is Not a Bar to Grant of Deemed Conveyance.

25 Nov 2024

The petitioner, ALJ Residency Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...

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