Search Results for "equitable principle"

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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 "equitable principle"

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High Court

Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

9 Jul 2024

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

Supreme Court

Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

23 Jul 2024

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

High Court

Critical Judicial Interpretation of Balancing Legal Framework and Justice Delivery "Exploring the legal nuances and judicial reasoning in a pivotal case."

13 Dec 2024

The judgment elucidates key legal principles while addressing facts and applying relevant sections. It highlights judicial discretion, the interplay b...

Supreme Court

Supreme Court Allows Appeal in Bond Redemption Dispute, Upholding Defendant's Compliance with RBI Directives. Interest on Delayed Payment Not Payable Due to Regulatory Embargo and Pending Liquidation Proceedings Under Companies Act, 1956.

3 Jan 2022

The dispute arose from a suit filed by M/s. SIBCO Investment Pvt Ltd against Small Industries Development Bank of India seeking interest on alleged be...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Allows Insurance Appeals in Motor Accident Compensation Cases: Loss of Love and Affection Cannot Be Awarded Separately; Consortium Payable Only to Spouse. The Court clarified that after Pranay Sethi, only three conventional heads are permissible, and awarding consortium to children and parents is contrary to law.

9 Oct 2020

The Supreme Court heard a batch of appeals filed by insurance companies challenging the award of compensation under the heads 'loss of consortium' and...

High Court

Bombay High Court Allows Appeal Against Rejection of Interim Injunction in Commercial Suit for Specific Performance of Share Pledge Agreement. Court holds that a prima facie case for specific performance of a contract to create a pledge is made out when the contract is clear and the plaintiff has performed its obligations.

23 Jun 2022

The appellant, World Crest Advisors LLP, filed a Commercial Suit against Catalyst Trusteeship Ltd and others seeking specific performance of a share p...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

30 May 2019

The Petitioner, Provident Multi-Trading Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim reli...

Supreme Court

Supreme Court Allows Set-Off Plea in Arbitration Despite Extinguishment of Counterclaim Under IBC - Corporate debtor's appeal against High Court order directing continuation of arbitral proceedings is partly allowed, permitting set-off as a defensive mechanism while affirming extinguishment of non-included claims under Section 31(1) of Insolvency and Bankruptcy Code, 2016.

20 Mar 2026

The dispute arose between a corporate debtor, Appellant, and a public sector undertaking, Respondent following a contract for solar power plant instal...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Enhances Compensation in Motor Accident Claims — Negligence of KSRTC Driver Established, Insurer Liable to Pay Compensation with Right to Recover from Owner. The court held that the KSRTC driver was solely negligent for driving on the wrong side, and the insurer of the lorry was not liable; compensation was enhanced for both death and injury claims under the Motor Vehicles Act, 1988.

20 Jan 2016

The judgment arises from three appeals arising out of two motor accident claim petitions. The accident occurred on 20.08.2010 involving a KSRTC bus (K...

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