Search Results for "enforceable legal right"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "enforceable legal right"

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High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

1 Apr 2026

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

High Court

High Court Dismisses Petition Challenging Arbitral Award in Contract Dispute Over Transferable Duty Free Licence. Court upholds arbitral tribunal's interpretation of contract clauses and rejection of claim for damages based on alleged breach of warranty regarding transferability of advance licence.

10 Jan 2014

The petitioner, Reliance Industries Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral a...

Supreme Court

Supreme Court Allows Appeal in Arbitration Enforcement Dispute Over Indemnity Timing Under Consent Award. The Court held that an indemnity clause in a consent award creates immediate obligations to protect against liability recovery, not deferred until final confirmation by the highest court of appeal, under Sections 124 and 125 of the Indian Contract Act, 1872 and Section 36 of the Arbitration and Conciliation Act, 1996.

13 Apr 2026

The appeal arose from a judgment of the High Court of Delhi that deferred the execution of a consent award dated 01.03.2019, rendered by the Singapore...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted by Accused. Borrowing of Rs.20,000/- and Issuance of Cheque Established; Acquittal Set Aside.

17 Jan 2023

The appeal arises out of the judgment of acquittal passed by the learned Senior Civil Judge and JMFC, Sagar dated 26.08.2011 in C.C.No.124/2010 wherei...

High Court

High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Non-Examination of Partner and Rebuttal of Presumption. Complainant Partnership Firm Failed to Prove Authority of Signing Partner and that Cheque Was Issued for Legally Enforceable Debt Under Section 138 of Negotiable Instruments Act, 1881.

2 Apr 2014

The revision application was filed by M/s Reshmi Constructions, a partnership firm, through its partner Shri Pandharinath Chafadkar, challenging the j...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC — Held That Plaint Disclosed Cause of Action and Court Fees Issue Was Curable. The Court restored the suit for trial, emphasizing that the High Court impermissibly conducted a mini-trial at the threshold stage.

21 Apr 2026

The appellant, M/s. Marg Limited, a real estate developer, purchased land in Chennai in 2002 and constructed a commercial IT building. In 2011 and 201...

High Court

Madras High Court Upholds Specific Performance Decree in Housing Board Flat Sale Agreement — Agreement Holder Entitled to Enforce Contract Despite Non-Joinder of Legal Heirs as Parties. The court held that the suit for specific performance is maintainable as the estate of the deceased defendant is sufficiently represented by the other defendants who were parties to the agreement.

7 Jan 2026

The appeal arises from a suit for specific performance of an agreement of sale dated 23.06.1983 filed by the 1st respondent/plaintiff against defendan...

High Court

Bombay High Court Dismisses Developer's Appeal Against Refusal of Interim Relief in Redevelopment Dispute. Section 37(2)(b) Appeal Fails as No Prima Facie Case for Injunction Established Due to Unclear Terms and Unregistered Supplemental Agreement.

4 Mar 2025

The Petitioner, Heritage Lifestyles & Developers Pvt. Ltd., a developer, filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Ac...

High Court

Bombay High Court Sets Aside Family Court Order Dismissing Wife's Divorce Petition as Res Judicata, Holding Dubai Divorce Decree Not Conclusive. The court ruled that a foreign divorce granted by a court lacking jurisdiction under the parties' personal law and not adjudicated on merits cannot bar a subsequent petition under the Hindu Marriage Act, 1955, and Section 13 of the Code of Civil Procedure, 1908.

11 Aug 2017

The appeal arose from the order of the Family Court at Bandra, Mumbai, which dismissed the wife's petition for divorce, maintenance, and accommodation...

High Court

Bombay High Court Allows Writ Petition Against DIC and Sales Tax Department for Refusing Transfer of Property Purchased in SARFAESI Auction — Auction Purchaser Not Liable for Previous Owner's Sales Tax Dues. The court held that the auction purchaser under the SARFAESI Act acquires clear title free from prior encumbrances, and the DIC cannot insist on NOC from Sales Tax for transfer of property.

18 Feb 2021

The petitioner, Medineutrina Pvt. Ltd., purchased an immovable property (plot no.206, MIDC, Butibori, Nagpur) in an auction conducted by Punjab Nation...

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