Search Results for "conditional order"

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Bombay High Court Considers Legality of Orders under Urban Land (Ceiling and Regulation) Act, 1976 and Applicability of Repeal Act, 1999. Petition Seeks Quashing of Settlement, Notification, and Possession Orders Based on Erroneous Computation of Excess Land and Abatement of Proceedings.

The writ petition under Article 226 of the Constitution of India challenged the settlement order dated 30 November 2004 under Section 8(4) of the Urba...

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High Court Dismisses Appeal Against Winding-Up Order in Bond Default Case; Upholds Adverse Remarks Against Directors for Fund Diversion. Company Found Unable to Pay Debts and Substratum Lost, Justifying Winding Up Under Sections 433(e) and 433(f) of Companies Act, 1956.

The appeal arose from a winding-up order passed by the learned company Judge against Zenith Infotech Limited (the appellant) in a petition filed by Th...

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Bombay High Court Terminates Arbitral Tribunal Mandate for Unreasonable Delay in Filing Statement of Claim. Condonation of delay set aside as claimant failed to show sufficient cause for 7-month delay.

The petitioner, Wanbury Ltd., filed a petition under sections 14(1)(a), 14(2), and 32(2)(c) of the Arbitration and Conciliation Act, 1996, seeking a d...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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Bombay High Court Allows Second Appeal in Suit for Reconveyance Based on Conditional Sale Deed — Agreement to Reconvey Not Proved. Court holds that the burden of proving an oral agreement to reconvey lies on the party asserting it, and failure to discharge that burden results in dismissal of the suit.

The case involves a second appeal filed by the defendants against the judgment and decree of the II Additional District Judge, Beed, dated 17.09.1994,...

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Bombay High Court Dismisses Petitioners in Caste Certificate Validation Case Due to Fraud and Suppression. Suppression of invalidation of close relative's certificate and reliance on fraudulent records disentitles petitioners from validation.

The case involves two writ petitions filed by Ketaki Muttepod and Bhumayya Muttepod challenging the rejection of their tribe certificate validation by...

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Bombay High Court Holds That Power Under Section 60 of Maharashtra Police Act, 1951 Is Quasi-Judicial and Requires Speaking Orders. The appellate authority must assign reasons while disposing of appeals under Section 60 of the Maharashtra Police Act, 1951.

The case arose from a reference made by a Division Bench of the Bombay High Court (Coram: Nitin Jamdar & Sarang V. Kotwal, JJ.) which did not agree wi...