Search Results for "Section 35(2)"

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Madras High Court Allows Appeal in Specific Performance Suit — Agreement Holder Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Must Be Established Throughout the Period of Contract Under Section 16(c) of the Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 10.06.2006. The plaintiff, T.K.Kandhaswamy, sought to enforce the...

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"A Case Examining Limitation and Arbitration in Franchise Disputes."

The Supreme Court ruled on the issue of whether the arbitration petition filed by Arif Azim Co. Ltd. was barred by limitation under Article 137 of the...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Negligence of Maruti Van Driver Upheld. Compensation Awarded to Legal Heirs of Deceased Rider and Injured Pillion Riders Under Section 166 of Motor Vehicles Act, 1988.

The case involves three appeals filed by The New India Assurance Co. Ltd. against judgments and awards of the Claims Tribunal, Raigad, in three motor ...

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Bombay High Court Allows Appeal by Paternal Grandmother in Guardianship Dispute Over Minor Child — Welfare of Child Paramount. Custody granted to paternal grandmother as maternal grandmother failed to prove her as a fit guardian under Guardians and Wards Act, 1890.

The case involves a dispute between the paternal grandmother (appellant) and the maternal grandmother (respondent) over the guardianship of a minor gi...

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Bombay High Court Dismisses Father's Appeal for Custody of Minor Son Under Guardians and Wards Act, 1890 — Welfare of Child Paramount Over Father's Right Under Muslim Personal Law. Custody of minor son 'Umarkhan' retained with mother as father failed to prove his fitness and child's welfare.

The appellant, Imran Khan, filed an appeal against the judgment and order dated 31st October 2015 passed by the Family Court, Nanded, in Petition No. ...

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Bombay High Court Upholds Conviction of Three Accused for Murder Under Section 302 IPC, Acquits Fourth Accused Due to Lack of Evidence. Common Intention Established for Assault and Murder, but Acquittal of One Accused Maintained as No Overt Act Proved.

The case involves two appeals: Criminal Appeal No.352 of 2007 filed by original accused Nos.1 to 3 (Balgonda Daulata Patil, Vidyyasagar @ Chotya Balgo...