Search Results for "conditional order"

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Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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Bombay High Court Quashes MHADA Order in Redevelopment Dispute — Upholds Developer's Right to Fair Hearing. Section 95A of MHADA Act, 1976 Requires Compliance with Natural Justice Before Revoking Development Rights.

The petitioners, M/s Darshan Jayant Builders (a partnership firm) and its partner Pritesh M. Jain, filed a writ petition under Article 226 of the Cons...

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Bombay High Court Quashes Revocation of Multi-System Operator Registrations for Non-Compliance with Rule 11(7) of the Cable Television Networks Rules, 1994. The Court found that the denial of security clearance was not communicated and no opportunity of hearing was afforded.

SCOD 18 Networking Pvt. Ltd. and Digi Cable Network (India) Pvt. Ltd., along with Digi Navi Mumbai Network Pvt. Ltd., filed writ petitions under Artic...

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Bombay High Court Dismisses Bank's Petition Challenging Arbitral Award in Counter Guarantee Dispute. Claim Barred by Limitation and Failure to Prove Invocation of Guarantee.

The petitioner, Punjab and Maharashtra Co-op. Bank Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging ...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Bombay High Court Dismisses Petition Challenging MRT Order Rejecting Condonation of Delay in Tenancy Appeal. Delay of 30 Years in Filing Appeal Not Condoned as No Sufficient Cause Shown Under Section 5 of Limitation Act, 1963.

The petitioners, legal heirs of deceased original tenants, challenged the judgment and order dated 12/11/2021 passed by the Maharashtra Revenue Tribun...

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Bombay High Court Dismisses Petition Challenging Refusal of Interim Relief in Eviction Suit Under Maharashtra Rent Control Act. Licensee Cannot Claim Protection of Rent Control Legislation After Termination of License.

The petitioners, Skygourmet Catering Private Limited and WAH Restaurants Private Limited (formerly Mars Restaurants Private Limited), filed a writ pet...

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Bombay High Court Allows Restoration of Criminal Complaint in Cheque Dishonour Case Due to Non-Compliance with Conditional Order. Petitioner's right to prosecute respondent for offence under Section 138 of Negotiable Instruments Act, 1881 revived after respondent failed to deposit amount as directed.

The petitioner, Anil Prabhakar Naik, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents for ...