Search Results for "non-obstante clause"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "non-obstante clause"

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Supreme Court

Supreme Court Allows Appeal in Cooperative Bank Liquidation Case — Recovery Proceedings Not Automatically Terminated on Expiry of Statutory Period. Section 109 of Maharashtra Cooperative Societies Act, 1960 does not extinguish pending recovery suits against defaulting members upon deemed termination of liquidation.

20 Aug 2019

The Goa State Cooperative Bank Ltd. appealed against a High Court judgment that declared winding up proceedings of the Goa, Daman and Diu Cooperative ...

High Court

Bombay High Court Dismisses Petition Challenging Bank's Cancellation of Candidature Due to Conviction Despite Probation. Section 12 of Probation of Offenders Act Does Not Override Disqualification Under Section 10(1)(b)(i) of Banking Regulations Act, 1949 for Conviction Involving Moral Turpitude.

22 Feb 2013

The petitioner, Amit Mohod, applied for a clerical post in the Bank of India. During the recruitment process, it was revealed that he had been convict...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Case — Agreement to Sell Void Under Section 61 of Karnataka Land Reforms Act, 1961. Agreement executed during non-alienation period is void ab initio and not enforceable even after the restriction period ends.

26 Sep 2019

The Supreme Court allowed the appeals filed by the defendants (appellants) against the judgment of the Karnataka High Court which had upheld the decre...

High Court

Bombay High Court Allows Official Liquidator's Report in Winding Up of Transpower Engineering Ltd. — Holds Sale by Liquidator is Formal Transfer Not Subject to Differential Premium. Court exercises powers under Section 446(2) of Companies Act, 1956 to waive extension charges claimed by MIDC.

26 Jul 2018

The Official Liquidator filed a report seeking directions regarding the sale of two industrial plots allotted by MIDC to Transpower Engineering Ltd. (...

Supreme Court

Supreme Court Allows Ayurveda College to Continue PG Courses Despite Non-Compliance with New Regulations. Central Council's attempt to withdraw permission for PG courses due to non-compliance with 2016 Regulations fails as college had already admitted students under 2012 Regulations.

20 Apr 2022

The case involves appeals by the Central Council for Indian Medicine against judgments of the Karnataka High Court that allowed writ petitions filed b...

High Court

Bombay High Court Allows Petitions Challenging Demolition Notices Issued by Nagpur Improvement Trust for Alleged Unauthorized Construction. Court holds that show cause notices under Section 53 of the Nagpur Improvement Trust Act, 1936 must be served on the owner or person in possession, and that the Trust cannot demolish without giving an opportunity of hearing.

19 Mar 2012

The judgment concerns three writ petitions filed by owners of flats in Nagpur challenging demolition notices issued by the Nagpur Improvement Trust (N...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 for Lack of Fresh Material. Reassessment Based on Mere Change of Opinion on Exemption Under Section 10(38) of Income Tax Act, 1961 is Invalid.

1 Dec 2011

The Petitioner, General Insurance Corporation of India, a public sector general insurance company, filed a return of income for Assessment Year 2006-0...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Specific Performance of Development Agreement — Plaintiff Failed to Show Readiness and Willingness. The court held that the supplementary agreement dated 17th March 2011 bound the parties and the plaintiff did not perform his obligations under the Specific Relief Act, 1963.

15 Jun 2015

The plaintiff, Sarabjeet Singh Gopal Singh Baweja, owned a plot of land that was tenanted. He entered into an initial development agreement on 17th Ma...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case — Lease Rights and Statutory Compliance Under IBC and MMC Act Upheld. The Court held that MCGM's written submissions indicating acceptance of the plan constituted consent, and the plan did not violate the MMC Act or the IBC timeline.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the order of th...

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