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Search Results for "international comity"

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Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

High Court

Bombay High Court Dismisses Second Appeal of Co-operative Society in Rent Control Ejectment Suit — Society Not Entitled to Protection Under Maharashtra Rent Control Act, 1999 as Paid-up Capital Exceeds Rs.1 Crore. Civil Court Has Jurisdiction to Try Suit for Ejectment Where Tenant is Exempted from Rent Act.

25 Apr 2024

The dispute pertains to a suit property located on the first floor of a building in Kolhapur, originally owned by Ramrao Mahadev Misal and leased to S...

High Court

Bombay High Court Dismisses Habeas Corpus Petition for Return of Minor Child to USA in International Parental Child Abduction Case. Court holds that the child's removal from USA to India by mother was not wrongful under the Hague Convention on the Civil Aspects of International Child Abduction as India is not a signatory, and the child's best interests lie in India pending custody proceedings.

22 Dec 2023

The petitioner, Sanil Sreekumar, an Indian citizen residing in the USA, filed a habeas corpus petition seeking the return of his minor daughter Ananya...

High Court

High Court of Karnataka Dismisses Habeas Corpus Petition for Minor Child in Custody Dispute Between Parents — Mother's Petition Fails as Child is in Father's Custody, Not Illegal Detention. The court held that habeas corpus is not the appropriate remedy for custody disputes; the welfare of the child is paramount and should be adjudicated in family court proceedings.

29 Sep 2023

The petitioner, Smt. Archana Pradhan, filed a writ of habeas corpus under Article 226 of the Constitution of India before the High Court of Karnataka ...

Supreme Court

Supreme Court Upholds Central Government's Decision in Repatriation of Prisoners Act Case Due to Discretionary Powers and International Comity. The Court held that adaptation of sentences under Section 13(6) is not mandatory and the High Court erred in directing reduction without considering administrative discretion and binding treaty obligations.

11 Jan 2022

The dispute arose from the conviction of the Respondent by the Supreme Court of Mauritius for possession of 152.8 grams of heroin, resulting in a 26-y...

High Court

Bombay High Court Dismisses PIL Challenging Aarey Colony Development as Forest Land — Held That Aarey Colony Is Not a Forest Under the Forest Conservation Act, 1980, and That the State Government Has Discretion to Use Land for Public Purposes. The court ruled that the dictionary meaning of 'forest' does not apply to Aarey Colony, and the petitioners failed to establish that it is a forest requiring prior approval under Section 2 of the Forest Conservation Act, 1980.

4 Oct 2019

The petitioners, Vanashakti (a public trust) and four individuals, filed a Public Interest Litigation under Article 226 of the Constitution of India b...

Supreme Court

Supreme Court Dismisses Application Seeking Direction to Enact Custodial Torture Legislation, Upholding Separation of Powers. Court holds that directing Parliament to legislate would violate the basic structure of the Constitution, despite acknowledging the gravity of custodial torture and India's international obligations under the UN Convention.

5 Sep 2019

The applicant, Dr. Ashwani Kumar, a senior advocate and former Law Minister, filed a miscellaneous application in a disposed writ petition seeking a d...

High Court

Bombay High Court Dismisses Anti-Suit Injunction Application in International Arbitration Enforcement Dispute. Court holds that Indian courts cannot restrain enforcement of foreign arbitration awards in New York when the award debtor has submitted to the jurisdiction of the foreign court.

2 Feb 2015

The case involves a dispute between E-City Entertainment (I) Pvt. Ltd. (E-City), an Indian company part of the Essel Group, and Imax Corporation (IMAX...

Supreme Court

Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

12 Apr 2012

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

Supreme Court

Supreme Court Reviews Its Own Judgment That Struck Down Ex Post Facto Environmental Clearance Notifications Under Environment (Protection) Act. Review Petition Seeks Recall Citing Overlooked Binding Precedents.

1 Jan 1970

Background: The present matter is a review petition arising from the Supreme Court's judgment in Vanashakti v. Union of India, dated 16 May 2025, whic...

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