Search Results for "Functus Officio"

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interlocutory Order as Not Maintainable Under Section 34 of Arbitration and Conciliation Act, 1996. Order Rejecting Permission to File Fresh Valuation Report Is Not an Interim Award and Cannot Be Challenged Under Section 34.

The dispute arises from a Share Purchase Agreement (SPA) dated 22.12.2003 between Dilip Timblo (appellant) and Prashant Timblo (respondent). The appel...

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Bombay High Court Dismisses Writ Petition Challenging Arbitral Tribunal Order, Upholding Scheme of Arbitration Act. Parties Must Exhaust Remedies Under Arbitration and Conciliation Act, 1996 Before Invoking Article 226.

The petitioners, Business India Exhibitions Pvt. Ltd., Mr. Ashok Advani, and Business India Publications Ltd., filed a writ petition under Article 226...

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High Court Allows Appeal Against Trial Court's Order Setting Aside Its Own Restoration Order Without Jurisdiction. Trial Court Cannot Rectify Its Own Error Under Order XXXIX Rule 11(2) CPC as It Becomes Functus Officio.

The appeal arises from an order dated 25.8.2015 passed by the Civil Judge, Senior Division, Akola in M.J.C. No. 937/2014. The appellant, Purushottam N...

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Bombay High Court Dismisses State's Appeal in Land Acquisition Interest Case. Reference Court's Order Granting 15% Interest from Date of Application Upheld Under Section 34 of Land Acquisition Act, 1894.

The State of Maharashtra appealed against the Judgment and Order dated 26th February 1992 passed by the Reference Court of Joint District Judge at Nas...

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Bombay High Court Dismisses State's Appeal in Land Acquisition Case — Enhanced Interest Upheld. Reference Court's Order Granting 15% Interest from Date of Application for Additional Benefits Under Amended Land Acquisition Act, 1894, Affirmed.

The State of Maharashtra appealed against the order of the Reference Court (Joint District Judge, Nashik) dated 7th February 1992, which granted inter...

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Bombay High Court Dismisses State's Appeal in Land Acquisition Case — Interest Rate of 15% p.a. Upheld Under Section 28 of Land Acquisition Act, 1894 as Amended in 1984. Court holds that amendment granting higher interest applies to pending references and awards passed after the amendment date.

The State of Maharashtra appealed against the judgment and order dated 26th February 1992 passed by the Joint District Judge, Nashik, in Land Referenc...

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Bombay High Court Dismisses State's Appeal in Land Acquisition Case. Reference Court's Order Granting 15% Interest from Date of Application Under Section 28 of Land Acquisition Act, 1894 Upheld.

The State of Maharashtra appealed against the Judgment and Order dated 24th February 1992 passed by the Reference Court (Joint District Judge, Nashik)...

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Bombay High Court Dismisses State's Appeal in Land Acquisition Case, Upholds Additional Benefits to Claimant. The Court held that the Reference Court had jurisdiction to grant additional benefits under the Amending Act 68 of 1984 as the reference was pending on the date of amendment.

The State of Maharashtra appealed against the order of the Reference Court (Joint District Judge, Nashik) dated 29th January 1992, which granted addit...

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim exclusive possession of joint family property without partition and that a suit for possession without seeking partition is not maintainable.

The case involves two second appeals arising from a civil suit for possession filed by the original plaintiffs (now appellants) against the defendants...