Search Results for "Equity Jurisdiction"

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Bombay High Court Disposes of Section 9 Petition in Housing Society-Developer Arbitration Amidst Numerous Interim Applications. Interim Measures Including Attachment of Assets and Deposit of Over Rs. 11 Crores Ordered Earlier Under Section 9 of Arbitration Act.

The case involved a commercial arbitration petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, along with thirty-one interim...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

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Bombay High Court Hears Petition to Set Aside Arbitral Award Directing Indemnity for Depreciation Disallowance. Petitioners Argue that Clause 14 of Lease Agreement Does Not Cover Income Tax Depreciation Denial and Rely on Identical Clause Interpretation in Prior Judgment.

The dispute arose from a lease agreement executed in 1997 between Borosil Glass Works Limited (lessee/petitioner) and Tata Motors Limited (lessor/resp...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Favour of Claimant. Court Holds That Single Judge Erred in Reappreciating Evidence and Interfering with Arbitrator's Findings on Quantum and Interest.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Paramount Limited (appellant) against the judgmen...

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"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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Bombay High Court Dismisses Writ Petition Challenging Slum Rehabilitation Authority's Grant of Scheme to Another Developer. Court upholds SRA's decision based on eligibility criteria and policy, finding no arbitrariness or violation of principles of natural justice.

The Petitioners, Dyna Estate Pvt. Ltd. (a developer) and Dr. Babasaheb Ambedkar Nagar Sahakari Griha Nirman Sanstha (a proposed cooperative society of...

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High Court of Karnataka Quashes Show Cause Notice in GST Case for Lack of Jurisdiction and Violation of Natural Justice. Show Cause Notice Issued by Additional Commissioner Without Proper Authorization and Without Providing Relevant Documents Set Aside.

The petitioner, M/s. Vigneshwara Transport Company, a proprietor engaged in transportation of goods and registered under the Central Goods and Service...

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Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...