Search Results for "non obstante"

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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 "non obstante"

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Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

High Court

WRIT PETITION NO.2031 OF 2018

9 Jun 2021

This writ petition under Article 226 of the Constitution of India was filed before the High Court of Judicature at Bombay challenging the constitution...

Supreme Court

Supreme Court Hears Appeals Against Madras High Court Order Quashing Sale Certificate Under SARFAESI Act and Permitting Redemption of Mortgage. The core issue was whether borrowers' right of redemption under Section 13(8) survived after auction sale and issuance of sale certificate, and whether the High Court rightly entertained the writ petition despite statutory alternative remedy.

1 Jan 1970

The appeals before the Supreme Court arose from a judgment and order dated 24.04.2023 passed by the High Court of Judicature at Madras in Writ Petitio...

Supreme Court

Supreme Court Interprets Court's Power Under Section 9 of Arbitration Act Post-Tribunal Constitution. The Court Held That Courts Can Entertain Section 9 Applications After Tribunal Constitution But Must Examine Efficacy of Section 17 Remedy, with 'Entertain' Encompassing Entire Adjudication Process Under the Arbitration and Conciliation Act, 1996.

14 Sep 2021

The dispute arose from a Cargo Handling Agreement between the parties, containing an arbitration clause. The appellant invoked arbitration via a notic...

High Court

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.

9 Jan 2018

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

High Court

High Court of Judicature at Bombay Considers Pre-Execution Challenge to Detention Orders Under COFEPOSA; Maintainability of Writ Petitions and Grounds for Interference are Limited to Five Exhaustive Grounds as per Gadia’s Case. Court Rejects Request to Allow Fresh Representation Under Section 11 When Prior Representation Already Rejected, Holding that It Cannot Direct Government to Review Its Decision.

5 Jan 2011

(1) Background: Three criminal writ petitions were filed under Article 226 of the Constitution of India seeking quashing of detention orders passed un...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

WRIT PETITION NO. 6608 OF 2016

5 Jul 2016

...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

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