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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 "open delivery"

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High Court

High Court of Bombay Dismisses Railway's Appeal in Goods Overcharge Claim — Burden of Proof on Carrier for Short Delivery Under Section 73 of Railways Act, 1989. The court upheld the Railway Claims Tribunal's award of compensation for short delivery of steel rails, holding that the railway failed to prove delivery in full.

16 Aug 2010

The case involves an appeal by the Union of India (representing South Eastern Railway, Central Railway, and South Eastern Railway) against an order of...

High Court

Bombay High Court Upholds Termination of Company Paid Peon for Dereliction of Duty in Handing Over Leased Assets. Official Liquidator's recommendation for removal from service sanctioned due to grave misconduct in failing to ensure proper handover of leased equipment.

4 Jan 2016

The Official Liquidator filed a report seeking sanction to terminate the services of Shri S.M. Shetty, a company paid Group 'D' Peon, for misconduct i...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Nil Tax Withholding Certificate Under Section 197 of Income Tax Act, 1961 — Holds That Payments for International Delivery Services Are Not Royalty or Fees for Technical Services Under DTAA. The court directed issuance of nil withholding certificate as the payments are business profits not taxable in India under Article 7 of the India-USA DTAA.

30 Sep 2013

The petitioner, UPS Worldwide Forwarding Inc., a US company, challenged an order dated 21 March 2013 passed by the Director of Income Tax (Internation...

Supreme Court

Supreme Court Upholds Insurance Claim for Helicopter Damage During Transit — Storage and Assembly at Intermediate Point Held Within 'Ordinary Course of Transit' Under Marine Insurance Policy. The court affirmed that a transit marine insurance policy covers the entire journey from origin to final destination, including intermediate halts for assembly, and repudiation of claim amounts to deficiency in service.

1 Jan 2020

The case involves a dispute between Bajaj Allianz General Insurance Co Ltd (appellant) and the State of Madhya Pradesh (respondent) regarding a transi...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

Bombay High Court Allows Criminal Revision Against Summoning Order in Cheque Dishonour Case — Dispute Over Partnership Firm's Authority to File Complaint Under Section 138 of Negotiable Instruments Act, 1881. The court held that a complaint under Section 138 must be filed by an authorized person, and partners are not automatically liable.

16 Sep 2025

The applicants, Romell Housing LLP and Jude Romell, filed a criminal revision application before the Bombay High Court challenging the summoning order...

High Court

High Court Dismisses Petition Challenging Arbitral Award on Liquidated Damages for Delayed and Undelivered LPG Cylinders. Arbitrator's interpretation of contractual clauses upheld as not contrary to public policy under Section 34 of Arbitration and Conciliation Act, 1996.

9 Apr 2013

The petitioner, M/s. R.M. Cylinders Private Limited, challenged an arbitral award dated 30 August 2010 passed by a sole arbitrator under Section 34 of...

Supreme Court

Supreme Court Allows Execution Decree Holder to Seek Possession Against Third Party Resisters Under Order XXI Rule 97 CPC. The Court held that executing court can decide objections of third parties claiming independent title without requiring a separate suit, and amendment of execution petition is permissible to avoid multiplicity.

18 Dec 2020

The case arises from a specific performance decree obtained by Ayyavoo Udayar (predecessor of appellants) against vendors (respondent nos. 3 and 4) fo...

High Court

Bombay High Court Dismisses Petition Challenging Execution of Possession Warrant in Specific Performance Decree. Decree for Specific Performance Implicitly Includes Possession Even Without Express Direction, and Executing Court Can Issue Warrant After Sale Deed Execution.

26 Feb 2020

The petitioner, Baliram Kakde, challenged an order dated 13.06.2018 passed by the executing Court in RD No.38 of 2015, which allowed the application f...

High Court

Bombay High Court Dismisses Builder's Second Appeals Against RERA Appellate Tribunal Order for Refund with Interest to Homebuyers. Failure to Deliver Possession Within Agreed Time Constitutes 'Default' Under Section 18 of Real Estate (Regulation and Development) Act, 2016, Entitling Allottees to Full Refund with Interest.

20 Feb 2024

The appellant, Balaji Construction Company, a promoter, entered into agreements with various allottees for the sale of apartments in a project. The ag...

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