Search Results for "special equities"

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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 "special equities"

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Supreme Court

Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

13 Jan 2023

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

Supreme Court

Supreme Court Modifies Damages Award in Landlord-Tenant Dispute, Reduces Decretal Amount for Cooperative Society Tenant. The Court balanced equities by reducing the monthly damages from Rs.89,000 to Rs.50,000 for the period the tenant remained in possession after eviction decree, considering the tenant's status as a consumer cooperative society.

4 Mar 2020

The dispute arose from a lease agreement dated 09.07.1980 between the plaintiff-landlord (respondent) and the defendant-tenant (appellant), a District...

High Court

Karnataka High Court Allows Employer's Appeal in Caste Certificate Fraud Case. Termination of Employee Upheld as Caste Certificate Cancellation Based on Fraud Renders Appointment Void Ab Initio.

3 Jul 2019

The case involves two writ appeals filed by Hindustan Aeronautics Limited (HAL) against an order of the learned Single Judge in Writ Petition No.29850...

High Court

Bombay High Court Allows School Management's Petition Against School Tribunal Order in Service Dispute. Caste Validity Challenge by Management Not Barred by Limitation Under Section 9 of MEPS Act, 1977.

1 Feb 2019

The petitioners, Maharashtra Vidya Prasarak Mandal Khamgaon and the Head Master of Maharashtra Vidyalaya, Janori, filed a writ petition challenging th...

High Court

Bombay High Court Allows School Management's Petition Against School Tribunal Order in Service Dispute — Caste Validity Challenge Not Barred by Limitation Under MEPS Act. The Court held that the School Tribunal erred in dismissing the management's application challenging maintainability of appeal on ground of delay, as the issue of caste validity was pending before the Caste Scrutiny Committee and the appeal was filed within reasonable time after the committee's adverse order.

1 Feb 2019

The petitioners, Maharashtra Vidya Prasarak Mandal Khamgaon and the Head Master of Maharashtra Vidyalaya, Janori, filed a writ petition challenging th...

High Court

Bombay High Court Dismisses Appeal for Leave to File Appeal Against Judgment in Commercial Suit Due to Lack of Locus Standi and Unexplained Delay. The court held that the appellant, not being a party to the suit, had no right to challenge the judgment and that the delay of 120 days was not satisfactorily explained.

6 Sep 2018

The judgment concerns an application for leave to appeal and condonation of delay filed by Ahluwalia Contracts (India) Ltd. (ACIL) against a judgment ...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles.

22 Mar 2017

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee...

High Court

Bombay High Court Allows Application for Certified Copy of Decree in Partly Decree Suit - Question of Law Framed Regarding Entitlement to Full Copy Despite Partial Success. The Court directed issuance of certified copy of the decree passed in Special Civil Suit No.24 of 2009, leaving the question of law open for decision.

18 Dec 2014

The case involves an application filed by the appellant, M/s. Guru Datt Enterprises, seeking a direction to the Civil Judge (Senior Division), Bhandar...

High Court

Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

9 May 2013

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...

High Court

High Court of Bombay Dismisses Plaintiff's Suit Challenging Invocation of Counter Guarantee in Port Development Project. Court holds that fraud must be established against the beneficiary, not a third party, and that invocation of a counter guarantee is not fraudulent merely because the underlying contract is disputed.

5 Oct 2012

The plaintiff, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bidding Agreement (JBA), the Counter Guarantee, and its invoc...

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