Search Results for "infructuous relief"

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Resettlement Project Due to Unexplained Delay of 12 Years. Petitioners' challenge to 2006 order of Divisional Commissioner fails as they failed to demonstrate diligence after personal hearing in 2005.

The petitioners, four individuals who are grandchildren of the original landowner Babasaheb Khadirsaheb Pirjade, filed a writ petition in 2018 challen...

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Bombay High Court Allows Appeal Against Receiver's Appointment in Embezzlement Suit. Third Party Claimants Not Party to Suit Cannot Have Receiver Appointed Over Their Properties Without Trial.

The appeal arose from an order dated 5th September 2019 passed by a learned Single Judge (R.I. Chagla J.) on a motion filed by the original plaintiff ...

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NOTICE OF MOTION NO.955 OF 2018

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Bombay High Court Upholds Joint Charity Commissioner's Direction to Amend Trust Constitution Under Section 41A of Bombay Public Trust Act, 1950 — Trustees Voluntarily Agree to Consider Amendment, Rendering Their Challenge Infructuous.

The judgment concerns two writ petitions arising from an order of the Joint Charity Commissioner, Amravati, under Section 41A of the Bombay Public Tru...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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NCLAT Allows Appeal Against NCLT Order Dismissing Section 7 Application as Abated Due to Death of Corporate Debtor's Director. The Tribunal held that the death of a director does not abate proceedings under the Insolvency and Bankruptcy Code, 2016, and the Resolution Professional can continue the process.

The appeal arises from an order of the National Company Law Tribunal (NCLT), Bengaluru Bench, dated 30.12.2019, which dismissed IA No.47/2019 in CP(IB...

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High Court of Karnataka Considers Lapse of Land Acquisition Under Karnataka Industrial Areas Development Act. Petitioners Claimed Acquisition Lapsed Due to Non-Payment of Compensation and Non-Passing of Award Under Section 24(2) of 2013 Act and Section 11A of 1894 Act.

The matter involved a writ petition under Articles 226 and 227 of the Constitution of India filed by landowners whose agricultural lands in Mahajenaha...