Search Results for "mandatory obligation"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "mandatory obligation"

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High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

High Court

Bombay High Court Issues Directions to Enforce Fitness Certificate Tests Under Motor Vehicles Act. Failure to Implement Rule 62 of Central Motor Vehicles Rules, 1989 Found to Contribute to Road Accidents and Loss of Life.

18 Feb 2016

The petitioner, appearing in person and assisted by amicus curiae, filed a Public Interest Litigation seeking enforcement of provisions of the Motor V...

High Court

Bombay High Court Allows Writ Petition of Senior Teacher Challenging Tribunal Order Setting Aside Promotion as Head Master. Initial Unwillingness for Promotion Does Not Bar Subsequent Willingness When No Appointment Made, Under MEPS Rules.

21 Jun 2013

The petitioner, Bhimrao Keshao Telang, was promoted to the post of Head Master of a school by an order dated 23 April 1997. Respondent No.1, Prabhudas...

High Court

FIRST APPEAL NO.514 OF 2014

16 Jan 2020

The appeal arose from a suit dismissed by the trial court for mandatory injunction seeking execution of an agreement for sale of a flat under the Maha...

High Court

Bombay High Court Allows Petition Challenging Conveyance Deed and Society Registration Under MOFA and MCS Act — Conveyance Deed Executed Without Consent of Allottees and Without Compliance with Section 11 of MOFA Held Void. The court held that the Competent Authority under MOFA cannot execute a conveyance deed in favour of a society that does not represent all allottees, and the registration of such society under the MCS Act without the consent of all allottees is invalid.

3 Nov 2025

The petitioner, Maki Homi Chibber, an allottee of a flat in a building constructed under the Maharashtra Ownership Flats (Regulation of the Promotion ...

High Court

Bombay High Court Dismisses Petition Challenging Late Filing of Written Statement in Commercial Suit — Service of Writ of Summons Not Mandatory When Defendant Has Entered Appearance and Received Plaint and Notice of Motion. The court held that the object of service of summons is to give notice, and if the defendant has already appeared and received the plaint, formal service is not required under Order VIII Rule 1 CPC and Section 16 of the Commercial Courts Act, 2015.

21 Dec 2022

The Petitioner, Metro Ortem Ltd, a public limited company, filed a Commercial Suit No. 3 of 2019 before the Bombay City Civil Court at Mumbai against ...

High Court

Bombay High Court Resurrects Issue of Mandatory Naval NOC in Development Near Defence Establishments. The Court Examines Validity of Stop Work Notice and Deemed Commencement Certificate Under DCPR 2034, Citing Precedents and Regulatory Vacuum.

5 May 2026

The writ petition was filed under Article 226 of the Constitution of India challenging the stop work notice dated 24 October 2025 issued by MHADA and ...

High Court

Bombay High Court Dismisses State's Petition Challenging Tribunal's Order Setting Aside Penalty for Denial of Fair Hearing. Failure to Question Delinquent Under Rule 8(20) of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 Violates Mandatory Procedural Safeguard, and Tribunal Justified in Not Granting Liberty to Resume Inquiry After Retirement.

23 Jul 2021

The State of Maharashtra and its officers challenged a judgment of the Maharashtra Administrative Tribunal that set aside penalty orders against a ret...

Supreme Court

Supreme Court Examines Legality of Arrest for Non-Furnishing of Written Grounds Under Article 22(1) and Section 47 BNSS. The Appeal Arises from High Court's Upholding of Arrest Despite Procedural Lapse, with the Supreme Court Considering the Mandatory Nature of the Requirement.

1 Jan 1970

The Supreme Court considered multiple criminal appeals involving the common question of law regarding the mandatory nature of furnishing grounds of ar...

High Court

Bombay High Court Takes Suo Motu Cognizance of Deplorable Road Conditions and Pothole Deaths in Mumbai. Court Holds Right to Well-Maintained Roads as Fundamental Right Under Article 21 and Issues Mandatory Directions to Authorities.

13 Oct 2025

This suo motu public interest litigation was registered by the Bombay High Court in 2013 based on a letter from Justice G.S. Patel highlighting the pa...

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