Search Results for "Formal defect"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Formal defect"

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High Court

High Court Quashes Tax Refund Adjustment Order for Violation of Settlement Scheme and Natural Justice. Adjustment of refund for one tax period against demand for another under proviso to Section 50(1) of Maharashtra Value Added Tax Act, 2002 held invalid when petitioner had applied under Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fees Act, 2023 and no defect notice was issued.

12 Mar 2026

The dispute involved a proprietorship concern registered under the Maharashtra Value Added Tax Act, 2002 challenging a settlement order dated 18 April...

High Court

Bombay High Court Allows Appeal in Commercial Suit for Specific Performance — Agreement to Sell Not Frustrated by Non-Payment of Stamp Duty. Court holds that failure to pay stamp duty on an agreement to sell does not render the agreement void or unenforceable, and the plaintiff is entitled to seek specific performance subject to payment of deficit stamp duty and penalty.

22 Dec 2023

The appellant, Jay Kirtikumar Ashani, filed a Commercial Suit (No. 161 of 2022) for specific performance of an agreement to sell dated 15th October 20...

High Court

Bombay High Court Dismisses Petition Challenging Concurrent Orders in Suit Under Section 33 of Maharashtra Rent Control Act, 1999 — Petitioner Failed to Show Any Error in Findings of Courts Below.

6 Jun 2022

The petitioner, M/s Columbia Hospital & Research Centre Pvt. Ltd., was the original defendant No.9 in a suit filed by respondent No.1, M/s Maharashtra...

High Court

Bombay High Court Dismisses Appeal Against Grant of Liberty to Withdraw Suit Under Order 23 Rule 1(3) CPC — Appeal Not Maintainable Under Section 13 of Commercial Courts Act, 2015. The order granting leave to withdraw with liberty to file fresh suit is not a 'judgment' under Section 13 of the Commercial Courts Act, 2015, and hence no appeal lies.

11 Mar 2022

The Appellant, Resilient Innovations Private Limited, filed an appeal under Section 13 of the Commercial Courts Act, 2015, challenging an order of the...

High Court

Bombay High Court Allows Withdrawal of Civil Suit with Liberty to File Fresh Suit Under Order 23 Rule 1(3)(b) CPC — Sufficient Grounds for Formal Defect in Plaint. The court held that even in the absence of a formal defect, the plaintiff may be permitted to withdraw the suit if sufficient grounds exist, such as a mistake in the description of the suit property.

5 Sep 2019

The petitioner, Manohar Gawande, filed Regular Civil Suit No.76/2015 against the respondents seeking a permanent injunction restraining them from cons...

High Court

Bombay High Court Allows Students' Challenge to MHT-CET 2019 Answer Keys and Evaluation Process. Court Directs Re-evaluation of Disputed Questions and Issuance of Revised Merit Lists for Admission to Professional Courses.

11 Jul 2019

The judgment concerns two writ petitions filed by students who appeared for the Maharashtra Common Entrance Test (MHT-CET) 2019 for admission to profe...

High Court

Bombay High Court Dismisses Civil Revision Application Challenging Order Granting Liberty to Withdraw Suit and File Arbitration. Arbitration Agreement Enforceable Despite Unregistered Partnership Firm Under Section 69 of Partnership Act, 1932.

23 Oct 2018

The case involves a civil revision application filed by the applicant (original defendant) under Section 115 of the Code of Civil Procedure, 1908, cha...

High Court

Bombay High Court Allows Revision Application in Civil Suit for Declaration of Ownership and Perpetual Injunction — Court Holds That Application for Appointment of Commissioner Under Order 26 Rule 9 CPC Cannot Be Rejected on Grounds of Delay or Stage of Proceedings. The court set aside the trial court's order and directed appointment of a Commissioner to inspect the suit property for just adjudication.

6 Jul 2011

The present civil revision application was filed by the petitioners (original defendants) challenging the order dated 24-03-2004 passed by the learned...

High Court

Bombay High Court Allows Husband to Withdraw Divorce Petition with Liberty to File Fresh Petition Due to Defective Pleadings. Order 23 Rule 1(3) CPC permits withdrawal with liberty if formal defect exists; Family Court's refusal to grant liberty was erroneous.

7 Jun 2010

The petitioner, Neeraj M. Gwalani, filed a petition for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on 16 Februar...

High Court

Bombay High Court Allows Writ Petitions Challenging Rejection of Nomination Forms for Grampanchayat Election Due to Non-Substantial Defect. The court held that omission to mention ward name while mentioning ward number is not a defect of substantial character under Rule 11(2A) of the Bombay Village Panchayats Election Rules, 1959.

10 Jun 2005

The case involves three writ petitions filed by candidates whose nomination forms for the election to Nimdari Grampanchayat, scheduled for 19th June 2...

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