Search Results for "discretionary orders"

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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 Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "discretionary orders"

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High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Trust Property — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Charitable Trust Land Requires Sanction Under Section 36 of Maharashtra Public Trusts Act, 1950; Time Was Not of Essence but Plaintiff's Conduct Showed Lack of Readiness.

4 Mar 2015

The plaintiff, Bastion Constructions, a partnership firm engaged in building and development, filed a suit for specific performance of an agreement fo...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Appellate Order Granting Temporary Injunction in Property Dispute. Appellate Court's interference with trial court's discretionary order upheld where trial court failed to consider relevant material and prima facie case was established.

13 Mar 2015

The petitioners, Mrs. Jennifer Mascarenhas and Mr. Januario Mascarenhas, filed a writ petition in the High Court of Bombay at Goa challenging an order...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Interim Relief in Tender Dispute — No Prima Facie Case for Injunction Against Redevelopment Tender Process. Court Held That Appellant Failed to Show Any Legal Right to Be Considered as Developer and That Balance of Convenience Was Against Granting Injunction.

7 Apr 2016

The appellant, Ornate Housing Pvt. Ltd., filed a suit in the City Civil Court, Mumbai, seeking to restrain Respondent No.1, the Abhyuday Nagar Sahakar...

Supreme Court

Supreme Court Modifies Compensation Rate in Land Dispute Under Compromise Decree — Guideline Value Under Karnataka Stamp Act, 1957 Fixed at Rs. 750 per Square Foot. Court Holds That Executing Court Erred in Applying Subsequent Notification and High Court's Reduction Was Unwarranted, Directs Payment of Average Guideline Value.

30 Apr 2026

The case involves a dispute between Appellants (N.I.C.E.) and the decree holders, Respondents, arising from a compromise decree in a suit for permanen...

High Court

High Court of Karnataka Allows RBI's Appeal Against Direction to Consider Loan Settlement — No Mandamus to Compel Discretionary Power. RBI's Circulars on One-Time Settlement Are Guidelines, Not Mandatory, and Do Not Create a Vested Right in Borrower Under Reserve Bank of India Act, 1934.

12 Sep 2024

The Reserve Bank of India (RBI) filed a writ appeal challenging an order of a Single Judge of the High Court of Karnataka, Kalaburagi Bench, dated 22....

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Not Applicable When Subsequent Suit Relates to Different Property. Decree Holders' Right to Possession Upheld as Judgment Debtor's Application for Stay Was Based on a Suit Involving Different Subject Matter, Constituting Abuse of Process.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession and mesne profits in O.S. No. 3/1971 (later renumbered O.S. No. 79/2003) against the...

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

High Court

High Court of Karnataka Quashes Summons Against Senior Sub-Registrar in Criminal Case — No Prima Facie Case for Abetment or Criminal Conspiracy. Registration of Gift Deeds in Official Capacity Does Not Attract Offences Under Sections 420, 465, 468, 471, 120B IPC Without Evidence of Mens Rea or Criminal Intent.

28 Jun 2023

The petitioner, Sri Raghavendra A, was working as Senior Sub-Registrar at Basavanagudi Division, Bengaluru. In the course of his official duties, he r...

High Court

Bombay High Court Quashes Land Acquisition Notifications for Non-Compliance with Section 5A of Land Acquisition Act, 1894 — Failure to Provide Personal Hearing to Objectors Renders Acquisition Proceedings Invalid. The Court held that the right to a personal hearing under Section 5A is mandatory and its denial violates natural justice, leading to quashing of the acquisition.

8 Aug 2018

The petitioners, Abuli Abdul Husain Vora and Nafisa Abuli Abdul Husain Vora, owned land in Silvassa, Dadra and Nagar Haveli. The Union Territory of Da...

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