Search Results for "Writ jurisdiction Article 227"

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Bombay High Court Dismisses Tenants' Petition Against Dismissal of Application to Set Aside Decree in Eviction Suit. Decree Passed Not Ex-Parte but Under Order XVII Rule 2 CPC, as Defendants Had Appeared Earlier and Failed to Appear at Subsequent Hearings Without Sufficient Cause.

The dispute arose from an eviction suit filed by Kshtriya Dnyati Sabha, a registered public trust under the Bombay Public Trust Act, 1950, against the...

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High Court of Karnataka Allows Appeal in Property Suit — Remand Order Set Aside Due to Lack of Jurisdiction Under Order XLI Rule 33 CPC. Appellate Court Exceeded Powers by Setting Aside Final Decree in Unconnected Suit Without Appeal or Cross-Objection.

The appellant, Smt. Shantawwa, filed a Miscellaneous Second Appeal under Section 43 Rule 1(u) read with Section 104 of the Code of Civil Procedure, 19...

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Gujarat High Court Allows Employer's Petition in Industrial Dispute Case, Quashes Reinstatement Orders. Labour Court Failed to Consider Evidence of Voluntary Abandonment of Employment Under Industrial Disputes Act, 1947.

The petitioner, Mother Dairy Fruit and Vegetable Pvt Ltd, filed five Special Civil Applications under Articles 226 and 227 of the Constitution of Indi...

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

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 ...

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Bombay High Court Dismisses Tenant's Writ Petition in Eviction Suit Based on Landlord's Bonafide Requirement — Death of Landlord During Pendency Does Not Automatically Extinguish Decree for Possession Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a landlord, Yeshwant Subrao Bidkar, who owned premises in Kolhapur and instituted a suit for eviction against his tenant, Sikandar A...

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Bombay High Court Quashes Penalty and Confiscation Orders in Sand Mining Cases for Violation of Natural Justice. Orders under Section 48(7) of Maharashtra Land Revenue Code, 1966 set aside for lack of hearing; matters remanded for fresh consideration.

The judgment involves two writ petitions challenging orders passed under Section 48(7) of the Maharashtra Land Revenue Code, 1966. In Writ Petition No...

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High Court of Bombay Considers Second Appeals in RERA Delayed Possession Matter. Builder Challenges Appellate Tribunal's Direction to Pay Interest at 10.05% p.a. from February 2014.

These Second Appeals were filed before the High Court of Judicature at Bombay by Runwal Constructions, a registered partnership firm, challenging the ...

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Bombay High Court Dismisses Writ Petition Challenging Arbitrator's Interim Order in Coal Transport Contract Dispute. Arbitrator's findings on committee report and weighment system held to be interim and not subject to writ jurisdiction under Articles 226 and 227 of Constitution of India.

The petitioner, M/s. Sanwal Coal Carriers, a proprietary concern, entered into a contract with Western Coalfields Limited (respondents) for driving pa...

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High Court of Bombay at Nagpur Bench Dismisses Writ Petition Challenging Setting Aside of Ex Parte Decree in Recovery Suit. Trial Court's Discretionary Order to Allow Defendant to File Written Statement on Payment of Costs Upheld Under Order 9 Rule 7 CPC.

The petitioner, Dr. Sujitnath Banerjee, filed a suit for recovery of Rs.2,32,62,249/- against the respondents. The defendants were served but failed t...