Search Results for "substantial breach"

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Bombay High Court Dismisses Petition Challenging Demolition of Illegal Construction on Gaothan Land — Upholds Municipal Action Under MRTP Act. Held that construction without valid permission is liable for demolition without prior notice.

The petitioners, Jamshid Kersi Dalal and others, filed a writ petition challenging the demolition of their building constructed on gaothan land in Pun...

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High Court of Bombay Dismisses Second Appeal and Upholds First Appellate Court’s Decree for Specific Performance in Property Sale Agreement. Failure to Appoint Guardian-ad-Litem for Minor Defendant and Non-Challenge to Subsequent Sale Deeds Are Key Issues Under Section 100 CPC.

The Second Appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (respondent no.1) claimed that ...

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Bombay High Court Allows Insurance Company's Appeal in Marine Insurance Claim Dispute, Reduces Compensation. Court holds that the trial court had territorial jurisdiction but reduces the awarded amount due to errors in calculation of damages and interest.

The New India Assurance Co. Ltd. appealed against the judgment and decree dated 30th April 2013 passed by the Civil Judge, Senior Division, Panaji in ...

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Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

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Supreme Court Refers Challenge to 103rd Constitutional Amendment Providing 10% EWS Reservation to Constitution Bench. The Court finds substantial questions of law regarding basic structure and interpretation of Articles 15(6) and 16(6) warranting a five-judge bench hearing.

The Supreme Court, in a batch of writ petitions, considered the constitutional validity of the Constitution (One Hundred and Third Amendment) Act, 201...

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Bombay High Court at Goa Dismisses Appeals of Occupants Challenging Eviction from Comunidade Land — Appellants Failed to Prove Title or Authorisation, Eviction Upheld Under Order 12 Rule 6 CPC and Section 38 Specific Relief Act, 1963.

The case involves five first appeals filed by Ayub Khan, Khurshida Ahmad, Salim Sandhi, Mehmood A. Ansari, and Dadapir Lohar against the State of Goa,...