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Search Results for "Original Application"

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High Court

Bombay High Court at Goa Dismisses Appeals of Occupants Challenging Eviction from Comunidade Land — Appellants Failed to Prove Title or Authorisation, Eviction Upheld Under Order 12 Rule 6 CPC and Section 38 Specific Relief Act, 1963.

1 Nov 2023

The case involves five first appeals filed by Ayub Khan, Khurshida Ahmad, Salim Sandhi, Mehmood A. Ansari, and Dadapir Lohar against the State of Goa,...

High Court

Bombay High Court Dismisses Petition Challenging Revocation of Permission to Sell Trust Property in Bombay Public Trusts Act Case — Joint Charity Commissioner's Order Upheld as Sale Not for Benefit of Trust. Permission Under Section 36(1)(b) of Bombay Public Trusts Act, 1950 Revoked Under Section 36(2) Due to Non-Compliance and Lack of Benefit to Trust.

11 Apr 2014

The petitioner, M/s. Arole Construction Pvt. Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order...

High Court

Bombay High Court Allows Appeal Holding Order Under Section 73A Not Appealable Under Section 70 of Mumbai Public Trust Act. Intervention Order Under Section 73A Is Interlocutory and Not a Final Order Under Section 22, Hence No Appeal Lies Under Section 70.

16 Aug 2018

The appellant, a registered reporting trustee of a public trust, filed a change report under Section 22 of the Mumbai Public Trust Act, 1950. The resp...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case, Clarifying Jurisdiction Requirements Under Arbitration and Conciliation Act, 1996. The Court Held That Service of Section 21 Notice and Inclusion in Section 11 Application Are Not Prerequisites for Arbitral Tribunal to Exercise Jurisdiction Over a Person, and Impleadment is Based on Being Party to Arbitration Agreement.

17 Apr 2025

The dispute arose from an agreement dated 01.06.2012 between the appellant and respondent no. 1 to form a Limited Liability Partnership (respondent no...

High Court

High Court of Bombay at Aurangabad Dismisses Application Under Section 482 CrPC Challenging Magistrate's Refusal to Order Police Investigation Under Section 156(3) CrPC — Magistrate's Discretion to Treat Application as Complaint Upheld as Legal and Proper.

25 Apr 2019

The applicant, Nikhil s/o Dhondiram Katke, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging a...

High Court

Bombay High Court Dismisses Petition to Terminate Arbitrator's Mandate for Alleged Undue Delay in Arbitration Proceedings. Section 14(2) of Arbitration and Conciliation Act, 1996 requires de jure inability to act, not mere delay, for termination of mandate.

2 Aug 2016

The petitioners, Ramavtar B. Jajodia and Santosh Ramavtar Jajodia, filed a petition under Section 14(2) of the Arbitration and Conciliation Act, 1996,...

High Court

High Court Allows Impleadment Application in Property Appeal Despite 14-Year Delay. Application under Order XXII Rule 10 read with Order I Rule 10 of Code of Civil Procedure, 1908 granted as no time limit prescribed for devolution of interest, and impleadment avoids abatement without prejudice to appellants.

5 Mar 2026

The dispute arose from a suit for possession filed in 1974, which was decreed in favor of the plaintiffs in 2011. The defendants appealed, and during ...

High Court

Bombay High Court Allows Arbitration Petition Under Section 14, Setting Aside Arbitrator's Order Dismissing Substitution Application. Arbitrator's Termination of Proceedings on Grounds of Delay Held Perverse, Amounting to Refusal to Perform Functions and Not an Interim Award Under Section 34.

12 Feb 2019

The dispute arose from a partnership firm where the original claimant, father of the petitioners, had initiated arbitration proceedings in 2004. After...

High Court

Bombay High Court Dismisses Appeal Against Revocation of Leave Under Clause XII of Letters Patent Act in Arbitration Petition. Court Holds That Cause of Action for Section 9 Petition Arises Where Arbitration Agreement Is Situated, Not Where Interim Relief Is Sought.

1 Feb 2016

The appeal arose from a judgment of the learned Single Judge of the Bombay High Court, who allowed Chamber Summons No. 905 of 2013 filed by Respondent...

High Court

Bombay High Court Allows Mother to Object in Succession Case for Legal Heirship Certificate Under Bombay Regulation VIII of 1827 — Right to be Heard Before Grant of Certificate Upheld. The court held that even in summary proceedings under the Regulation, principles of natural justice require that all interested parties be heard before a legal heirship certificate is granted.

5 Feb 2020

The case pertains to a succession matter arising from the death of Mahesh Yuvraj Rupareliya on 25/04/2017. The petitioner, Vijayabai, is the mother of...

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