Search Results for "pendente lite protection"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "pendente lite protection"

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High Court

Bombay High Court Allows Appeal Against Appointment of Administrator in Testamentary Case — Upholds Right of Son to Challenge Will on Ground of Undue Influence and Suspicious Circumstances. The court held that the propounder of a will must remove all suspicious circumstances, and the appointment of an administrator pendente lite under Section 247 of the Indian Succession Act, 1925, should not be made without considering the caveator's serious objections.

25 Apr 2019

The appeal arises from a testamentary dispute concerning the estate of Amardeep Singh Sujan Singh Chadha (the testator). The testator died on 5th Octo...

Supreme Court

Supreme Court Allows Appeals in Part, Holds Interest on Delayed Payments Act, 1993 Applicable to Contracts Entered Before Its Commencement for Delays Occurring After 23.09.1992. The Court ruled that the Act is retroactive and applies to all payments made after its commencement, and that a suit for interest alone is maintainable.

23 Jan 2019

The Supreme Court considered appeals arising from a common judgment of the Gauhati High Court which had set aside trial court decrees in favor of supp...

Supreme Court

Supreme Court Allows Appeal in Arbitration Interest Dispute — Contractual Clause Barring Interest Does Not Bar Arbitrator's Power to Grant Pendente Lite Interest Under Arbitration Act, 1940. The Court held that a clause barring a contractor from claiming interest on payments does not expressly bar the arbitrator from awarding pendente lite interest, as it does not refer to claims before the arbitrator.

1 Jan 2024

The appeal arose from a works contract dispute where the appellant contractor was awarded an arbitral award of Rs. 1,78,17,146 with 15% pendente lite ...

High Court

Bombay High Court Examines Arbitral Award on Interest under Delayed Payments Act for Small Scale Industries. Challenge to Award Directing Payment of Statutory Interest for Delayed Settlement of Bills Under Section 4 of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993.

3 May 2013

The petitioner, Maharashtra Small Scale Industries Development Corporation, filed an arbitration petition under Section 34 of the Arbitration and Conc...

High Court

Bombay High Court Allows Wife's Petition for Interim Maintenance in Family Court Dispute — Suppression of Facts Not Established and Ability to Earn Not Sufficient to Deny Maintenance. The Court held that the Family Court erred in rejecting interim maintenance under Section 24 of the Hindu Marriage Act, 1955, as the wife had not suppressed material facts and mere ability to earn does not disentitle maintenance.

7 Dec 2018

The petitioner, Mrs. Shlokha N. Chhabria, wife of the respondent, filed a writ petition challenging the order dated 13th May 2016 passed by the Family...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Doctrine of Lis Pendens Applied to Protect Plaintiff's Rights Despite Concurrent Findings of Lower Courts. The Court held that an alienation made during the pendency of a suit is void against the decree-holder under Section 52 of the Transfer of Property Act, 1882, and that the First Appellate Court could not record a finding on fraud and collusion without cross-objections by the defendants under Order 41 Rule 22 CPC.

14 Oct 2024

The dispute arose from an agreement to sell dated 17.08.1990 executed by defendant no. 1 (Janraj Singh) in favour of the plaintiff (Daljit Singh) for ...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

High Court

Bombay High Court Dismisses Wife's Appeal Against Interim Orders Passed During Pendency of Marriage Petition Due to Delay and Lack of Challenge Before Dismissal of Main Petition. The court held that an appeal against interim orders passed during the pendency of a marriage petition under Section 9 of the Hindu Marriage Act, 1955, is not maintainable after the main petition has been dismissed and the appellant did not challenge the interim orders at any earlier stage.

7 Apr 2021

The appellant-wife, Dr. Sarika Akshay Ranade, filed a Family Court Appeal against orders passed by the Family Court No.5, Pune, on various application...

High Court

High Court of Karnataka Enhances Interim Maintenance for Wife Under Hindu Marriage Act, 1955 — Husband's Income and Lifestyle Considered. The Court held that interim maintenance must reflect the husband's earning capacity and standard of living, not merely the wife's needs.

8 Feb 2023

The petitioner, Smt. Pratibha Singh, wife of the respondent Vineet Kumar, filed a writ petition under Article 227 of the Constitution of India challen...

High Court

Bombay High Court Dismisses Appeal in Probate Case, Holding Injunction Not Maintainable in Testamentary Proceedings. Executor Must Seek Property Protection Before Civil Court, Not in Probate Petition Under Indian Succession Act, 1925.

29 Mar 2011

The appellant, Ramchandra Ganpatrao Hande, filed a testamentary petition seeking probate of a will allegedly executed by Sushila Vithalrao Hande on 2 ...

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