Search Results for "Special Bench decision"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Special Bench decision"

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Supreme Court

Supreme Court Considers Appeal by Charitable Society Regarding Leave to Institute Suit Under Section 92 of the Code of Civil Procedure, 1908. The Dispute Involves Whether a Society Registered Under the Societies Registration Act, 1860 Can Be Treated as a Trust and Sought Determination of the Conditions for Granting Leave Following Allegations of Financial Mismanagement and Breach of Trust.

1 Jan 1970

The dispute arose from a suit instituted under Section 92 of the Code of Civil Procedure, 1908 by two plaintiffs, Dr. Shelly Batra and Mrs. Usha Gupta...

Supreme Court

Supreme Court Upholds Land Acquisition for Yamuna Expressway in Public Interest — Compensation Enhancement Granted. Land Acquisition Act, 1894 — Section 4, 6, 17 — Urgency clause invoked for development of expressway project — Court held that acquisition for planned development is valid and compensation must be fair.

2 Sep 2019

The Supreme Court heard a batch of appeals arising from land acquisition proceedings initiated by the State of Uttar Pradesh for the construction of t...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

Bombay High Court Holds Executors Entitled to Evict Gratuitous Licensee from Flat Bequeathed Under Will. The court ruled that the defendant, a step-grandson occupying Flat No.501 as a family member, was a gratuitous licensee and not a tenant, and the civil court had jurisdiction to entertain the suit for possession.

15 Oct 2013

The suit was filed by the plaintiffs, John Francis Anthony Gonsalves and Charles Willibroad Gonsalves, who are brothers and executors of the will of t...

High Court

Bombay High Court Dismisses Civil Revision Application in Rent Control Subletting Case — Tenancy Terminated Under Section 16(1)(e) of Maharashtra Rent Control Act, 1999. The court upheld the Appellate Bench's finding that the tenant had sublet the premises to persons who were not family members, and that the earlier judgment regarding adoption did not create res judicata.

5 Jul 2024

The case involves a Civil Revision Application filed by the defendants (applicants) challenging the judgment and order dated 1 November 2023 passed by...

High Court

Bombay High Court Grants Interim Injunction Restraining Developers and MCGM from Recognizing TDR Transfer Agreements in Alleged Fraud by Society Members. Co-operative Housing Society Obtains Interim Relief Against Sale of Transferable Development Rights (TDR) Under DRC Dated 7 August 2023 Amidst Allegations of Forgery and Unauthorized Payments.

3 Oct 2025

The dispute arose from the acquisition of a portion of the plaintiff co-operative housing society's land by the Municipal Corporation of Greater Mumba...

High Court

Bombay High Court Overrules Full Bench: Post-Poll Aghadi Under Section 63(2B) of Maharashtra Municipal Councils Act Attracts Full Disqualification Regime Under Maharashtra Local Authority Members' Disqualification Act, 1986. The court held that the legal fiction in the proviso equates post-poll Aghadi with pre-poll Aghadi for all purposes, including disqualification for defection, and not merely for representation in subject committees.

16 Jul 2024

The case involves a reference to a larger bench of the Bombay High Court to resolve a conflict regarding the interpretation of the second Proviso to S...

High Court

Bombay High Court Dismisses Challenge to Maharashtra Tax on Lotteries Act, 2006 — Lottery Tickets Held to Be Goods Taxable Under State Sales Tax. Sub-distributor of Arunachal Pradesh and Nagaland lotteries fails to prove Act ultra vires; court rules that sale of lottery tickets within Maharashtra is taxable under Entry 54 List II.

2 Nov 2018

The petitioner, a proprietor of Sri Mangal Murti Marketing, carrying on business as a sub-distributor of State-organized lotteries of Arunachal Prades...

High Court

High Court of Bombay disposes writ petition and first appeal concerning rights of pre-adoption sons in adoptive grandmother's property under Hindu Adoptions and Maintenance Act, 1956. The court examined whether sons born before adoption could claim inheritance through their father after his adoption severed natural family ties.

11 Dec 2006

The judgment, delivered by Justice A. M. Khanwilkar of the High Court of Judicature at Bombay on December 11, 2006, disposes of two connected proceedi...

Supreme Court

Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

3 Mar 2022

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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