Search Results for "Desai Award"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Desai Award"

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Supreme Court

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

5 Nov 2024

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 ...

High Court

Bombay High Court Upholds Arbitrator's Refusal of Interim Relief in Shareholder Dispute — Term Sheet Not a Binding Arbitration Agreement. Court holds that a Term Sheet containing an arbitration clause does not constitute a binding arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996, as it was subject to a definitive agreement and the parties did not intend to be bound by the arbitration clause at the pre-contractual stage.

19 Dec 2023

The case involves a dispute between Max Healthcare Institute Limited (Petitioner) and Touch Healthcare Private Limited & Ors. (Respondents) arising ou...

High Court

Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Employee in School Termination Case. Non-Compliance with Mandatory Procedure under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 Renders Termination Illegal.

12 Aug 2022

The petitioners, Lady Yashodabai Joshi Ladies Club (a registered Public Trust) and the Head Master of Golden Kids English High School (collectively re...

Supreme Court

Supreme Court Allows Appeal Against Division Bench Order on Limitation in Suit for Cancellation of Settlement Agreement. The Court held that in view of the repeal of Section 9A CPC (Maharashtra Amendment) and the judgment in Nusli Neville Wadia, the merits of the limitation issue need not be decided at this stage.

13 Dec 2019

The case involves a dispute over 75,001 shares of Bombay Oxygen Investments Ltd. (BOIL). The appellants (Ruias) and respondent No.3 (MGG) entered into...

High Court

Bombay High Court Dismisses Plaint in Copyright Infringement Suit for Lack of Cause of Action and Abuse of Process. Plaintiff failed to identify any protectable work or substantial similarity with defendant's film, leading to dismissal with costs.

2 Aug 2016

The plaintiff, Akashaditya Harishchandra Lama, filed a suit for copyright infringement seeking an interim injunction to restrain the release of the fi...

High Court

Bombay High Court Allows Third Party Claim in Execution Proceedings — Property Purchased Prior to Attachment Not Liable. Applicants' title upheld as sale deed executed before warrant of attachment under Order XXI Rule 54 CPC.

6 May 2013

The case arises from execution proceedings initiated by Mahindra and Mahindra Financial Services Ltd. (claimant) against Vishal S. Bagadia and another...

High Court

Bombay High Court Allows Substitution of Arbitrator in Sports Contract Disputes Under Sections 11 and 15(2) of Arbitration Act. Arbitrator's failure to render award within statutory period and subsequent resignation justified substitution despite respondent's objection.

22 Jan 2013

The judgment concerns a group of arbitration applications filed under Section 11 and Section 15(2) of the Arbitration and Conciliation Act, 1996, by s...

High Court

Bombay High Court Dismisses Section 9 Petition for Interim Relief in Arbitration Dispute Over Lease Deposit Refund. Court holds that a claim for refund of a deposit is a monetary claim and cannot be secured by way of interim measure under Section 9 of the Arbitration and Conciliation Act, 1996 unless there is a specific agreement or clear evidence of intention to create a charge.

7 May 2012

The petitioner, BNP Paribas Securities India Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim...

High Court

Bombay High Court Quashes Notice Under Section 89 of MRTP Act for Lack of Jurisdiction — Prior Civil Court Decree Declaring Petitioner as Lessee and Not Trespasser Bars Corporation from Issuing Notice Under Different Act

19 Apr 2012

The petitioner, M/s. Iqbal & Brothers, a partnership firm, challenged a notice dated 2nd December 1997 issued by the Pune Municipal Corporation under ...

High Court

Bombay High Court Allows Employer's Appeal in Unfair Labour Practice Case — Labour Court's Finding on Misconduct Not Final, Single Judge Erred in Setting It Aside. The Division Bench held that the finding on issue No. 4 was not a final determination and could not be interfered with in writ jurisdiction at that stage.

27 Jul 2011

The respondent, an employee of the appellant company, faced a departmental enquiry. During the pendency of the enquiry, he filed a complaint under Sec...

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