Search Results for "statutory discretion"

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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 "statutory discretion"

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High Court

Bombay High Court Dismisses Appeals by USV Pvt Ltd in Disparagement Cases, Upholds Injunction Against Comparative Advertising. The court held that disparaging a rival's product by implying it contains harmful ingredients without scientific basis constitutes unfair trade practice under Section 2(1)(r) of the Consumer Protection Act, 1986.

13 Jul 2022

The case involves two appeals filed by USV Private Limited (USVPL) against a common order dated 16th June 2022 passed by a Single Judge of the Bombay ...

High Court

Bombay High Court Dismisses Certificate Debtors' Challenge to Auction Sale Under SARFAESI Act — Sale Confirmed and Possession Delivered. Court Held That Remedy Under Section 17 of SARFAESI Act Is Not Available After Sale Certificate Is Issued.

12 Aug 2022

The petitioners, original certificate debtors, challenged the auction sale of their property conducted by Punjab National Bank under the Securitisatio...

High Court

Bombay High Court Allows Writ Petition Challenging Recovery Order Under Section 154 of Maharashtra Co-operative Societies Act, 1960 — Dispute Regarding Legal Heirship Requires Civil Adjudication. The Registrar cannot decide disputed questions of title or succession in summary proceedings under Section 154.

5 Sep 2022

The petitioner, Dr. Babasaheb Ambedkar Nagari Sahakari Bank Ltd., filed a writ petition challenging an order dated 14.10.2020 passed by the Divisional...

High Court

Bombay High Court Allows Appointment of Commissioner to Record Evidence of Aged and Ailing Plaintiff in Civil Suit — Order 18 Rule 4 and Order 26 Rule 1 CPC. The court held that the trial court failed to exercise its discretion judiciously and that the petitioner's age and health conditions justified the appointment of a commissioner to avoid hardship.

12 Oct 2012

The petitioner, Shri Nilconta Gangadhar Sinai Amonkar, aged about 80 years (stated as 87 years in the application), filed a writ petition challenging ...

High Court

Bombay High Court Allows Revision Against Rejection of Additional Evidence in NI Act Case — Settlement Agreement After Trial Held Relevant. The appellate court must consider subsequent events that affect the merits of the case under Section 391 CrPC, even if the evidence could have been produced earlier with due diligence.

22 Nov 2019

The applicant, Ranjan Dutta, was convicted under Section 138 of the Negotiable Instruments Act, 1881, by the Judicial Magistrate, First Class, Pune, f...

High Court

Bombay High Court Grants Leave to Defend in Commercial Summary Suit for Recovery Under Deed of Cancellation — Triable Issues Raised Regarding Validity of Agreement and Quantum of Amount. The court held that the defendant raised substantial triable issues entitling unconditional leave to defend under Order XXXVII CPC.

12 Dec 2019

The plaintiff, Dimples Infra, a registered partnership firm engaged in property development, filed a commercial summary suit against the defendant, He...

High Court

High Court Allows Bank's Petition to Forfeit Gratuity of Employee Terminated for Misappropriation. Misappropriation of Funds by Bank Employee Constitutes Offence Involving Moral Turpitude Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972, Justifying Forfeiture of Entire Gratuity.

18 Sep 2014

The petitioner, Bank of India, challenged the orders of the controlling authority dated 30 June 2004 and the appellate authority dated 4 September 200...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Mesne Profits Dismissed as Plaintiffs Failed to Prove Title and Possession.

30 Nov -0001

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Judge, Latur, dismissi...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Specific Performance Dispute. Court upholds award rejecting claim for specific performance of agreement to sell immovable property, finding no grounds under Section 34 of Arbitration and Conciliation Act, 1996.

15 Sep 2015

The petitioner, Rajesh V. Choudhary, filed Arbitration Petition No.734 of 2010 under Section 34 of the Arbitration and Conciliation Act, 1996, seeking...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement Not Barred by Limitation and Not Void for Uncertainty. Court upholds concurrent findings that the agreement dated 11.12.1980 was valid and enforceable, and the suit filed in 1994 was within limitation as the cause of action was continuing.

28 Apr 2017

The appellant, Maria Fatima @ Silo Silva Coelho, was the defendant in a suit for specific performance filed by the respondent, Vaman Narayan Kundaikar...

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