Search Results for "estoppel against statute"

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High Court Upholds Quo Warranto Against Elected Adhyaksha of Zilla Panchayat on Ground of Caste Qualification. Court Directs Caste Verification Committee to Expedite Inquiry into Caste Certificate Validity.

These two intra-court appeals arose from the order dated 21.09.2017 passed by a learned Single Judge in W.P. No.106417/2016. The writ petition was fil...

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Bombay High Court Dismisses Bank's Arbitration Petitions Against Guarantors Due to Limitation and Lack of Arbitration Agreement. The court held that claims against guarantors were barred by limitation and that the arbitration clause in the loan agreement did not extend to guarantors who were not signatories.

The case involves three arbitration petitions filed by Abhyudaya Co-operative Bank Ltd. against various respondents, including Rainproof Exports Pvt. ...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Settlement Under Own Policy Bars Further Recovery. Claimant who accepted full and final settlement from his own insurer cannot claim compensation from the opposite insurer for the same damage under the Motor Vehicles Act, 1988.

The New India Assurance Co. Ltd. appealed against the judgment and award of the Motor Accidents Claims Tribunal (MACT), North Goa, Panaji, dated 18.11...

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Bombay High Court hears and determines Notice of Motion No. 1211 of 2014 in Suit No. 777 of 2014 seeking interim injunctions and appointment of administrator. The court examines rival claims of family arrangements and fiduciary capacity over Gopal Raheja Group assets.

The dispute arose out of the affairs of the Gopal Raheja Group, a real estate business originally established by Lachmandas Raheja and continued by hi...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Property Development Dispute. Petitioners Argue Award is Unreasoned and Arbitrator Failed to Independently Analyze Submissions, Seeking Set Aside.

Background: The matter involved a property development dispute concerning three tribal (Adivasi) lands in Malad, Mumbai. The petitioners were legal he...

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WRIT PETITION NO. 4987 OF 2022

The petitioners, landowners from village Vhanur, Taluka Kagal, District Kolhapur, filed writ petitions under Article 226 of the Constitution of India ...

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Karnataka High Court Decides Regular First Appeal Arising from Dismissal of Suit for Declaration of Property Ownership. Property Originally Allotted to a Swamiji Under Mysore Government Scheme and Later Subject to Litigation Over Inheritance and Alleged Fraud.

The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. H...

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Bombay High Court Examines Whether Service for Time Bound Promotion Should Be Reckoned from Initial Appointment or Regularisation Date. Government Resolution and Supreme Court Precedents on 'Regular Service' Interpreted in Context of TBPS and ACPS.

The case involved a batch of writ petitions filed by the State of Maharashtra under Articles 226 and 227 of the Constitution of India challenging orde...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Suit — Confirms Findings of Subletting and Non-User of Premises. Landlord's Eviction Suit Under Maharashtra Rent Control Act, 1999 Upheld as Tenants Failed to Prove Bona Fide Use and Consent for Subletting.

The case arises from a landlord-tenant dispute concerning Shop No.2 and rear portion of Shop No.1 in Supariwala Mansion, Parel, Mumbai. The original p...