Search Results for "Supreme Court discretionary power"

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Bombay High Court Considers Notice of Motion for Rejection of Plaint in Trust Suit Under Order VII Rule 10A CPC. The Court Examines Whether Non-Compliance with Order VII Rule 10A CPC and Limitation Bar the Freshly Filed Suit.

The matter arose from a Notice of Motion taken out by defendant no.7 in a trust dispute suit pending before the Bombay High Court. The plaintiff claim...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney.

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Veni...

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NOTICE OF MOTION NO.955 OF 2018

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Karnataka High Court Pronounces Order on Constitutional Challenge to Karnataka On-demand Transportation Technology Aggregators Rules, 2016. Petitioners Assert Rules Ultra Vires Motor Vehicles Act, 1988 and Violative of Freedom of Trade and Commerce Under Articles 14, 19(1)(g), and 301 of the Constitution.

The Karnataka High Court considered a batch of writ petitions challenging the constitutional validity of the Karnataka On-demand Transportation Techno...

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Bombay High Court Dismisses Employer's Petition Against Subsistence Allowance Order in De Novo Enquiry. Employee dismissed after departmental enquiry is entitled to subsistence allowance during de novo proceedings before Labour Court under Model Standing Orders.

The petitioner, Mumbai Cricket Association, challenged an order of the 12th Labour Court, Bombay, dated 15th October 2010, which directed the payment ...

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Bombay High Court Allows Petitioners to Obtain Commission to Singapore Under Section 27 of Arbitration Act. Issuing Commission to Foreign Country Does Not Amount to Change of Venue of Arbitration.

The petition was filed under section 27 of the Arbitration and Conciliation Act, 1996 by the two petitioners, who were the original respondents in the...

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Bombay High Court Allows State's Appeal in Land Acquisition Compensation Case, Reduces Enhanced Compensation. Court holds that mere potentiality of land for non-agricultural use does not justify compensation at rates comparable to developed plots without evidence of comparable sales.

The case involves multiple first appeals arising from land acquisition proceedings initiated by the State of Maharashtra for a housing scheme under th...