Search Results for "Negative covenant"

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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 "Negative covenant"

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High Court

Gujarat High Court Allows Landlord's Rent Revision in Bombay Rent Act Case — Tenant's Subletting and Non-user of Premises Proved. Section 13(1)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 established as tenant had sublet and ceased to occupy the demised premises for a continuous period of six months.

25 Feb 2026

The case involves a landlord's revision application under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The landlord, Jayantilal ...

High Court

Madras High Court Allows Appeals of Shareholders in Capital Receipt Case — One Million Euros Received from Vedior NV Held Exempt as Capital Receipt. Compensation for Loss of Right of First Refusal and Non-Compete Agreement Treated as Capital Receipt Not Chargeable to Tax Under Income Tax Act, 1961.

8 Jan 2026

The case involves two appeals by shareholders (K. Pandiarajan and R. Hemalatha) against the order of the Income Tax Appellate Tribunal (ITAT) which up...

Supreme Court

Supreme Court Allows Appeal Against Dismissal of Petition Challenging Portrayal of Persons with Disabilities in Film 'Aankh Micholi' — Remands to High Court for Merits Hearing. The Court held that the High Court erred in dismissing the writ petition on maintainability grounds without considering the substantial questions regarding the rights of persons with disabilities under the RPwD Act and the Cinematograph Act.

8 Jul 2024

The appellant, Nipun Malhotra, is the founder of an organization promoting disability awareness and is a person with arthrogryposis. He filed a writ p...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

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 Allows Appeal in Income Tax Case on Non-Compete Fee — Amount Received for Non-Compete Agreement Not Taxable as Business Income Under Section 28(va) of Income Tax Act, 1961 When Assessee Not Carrying on Business in Relevant Year. Non-Compete Fee is Capital Receipt, Not Business Income, and Not Taxable as Capital Gains as No Transfer of Capital Asset.

13 Apr 2015

The case involves two appeals by Arun Toshniwal and Anurag A. Toshniwal against the order of the Income Tax Appellate Tribunal (ITAT) which held that ...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Case — Limitation Bar Overcome by Continuous Readiness and Willingness. Suit for specific performance of agreement of sale dated 11.5.1989 held not barred by limitation under Article 54 of Limitation Act, 1963 as no date fixed for performance and plaintiff was ready and willing.

17 Dec 2014

The appellant-plaintiff, M/S Universal Associates Developers & Promoters, filed a suit for specific performance of an agreement of sale dated 11.5.198...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Joint Venture Agreements Not Signed by Appellant, No Arbitration Agreement Between Parties.

4 Mar 2010

The appeal arose from an order dated 8 April 2004 passed by the learned trial Judge dismissing Notice of Motion No. 778 of 2004, which was an applicat...

High Court

Bombay High Court Allows Appeal Against Injunction in Property Dispute Over Passage and Gate. Trial Court Failed to Consider Leave Application Under Order II Rule 2 CPC Before Granting Interim Relief.

25 Jul 2006

The appeal arises from a suit filed by Respondents 1 to 4 (plaintiffs) against the appellant (defendant No.1) and the Municipal Corporation (defendant...

High Court

Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Television Serial Marketing Rights. Right of First Refusal Protected Pending Arbitration Under Section 9 of the Arbitration and Conciliation Act, 1996.

9 Feb 2005

The appellant, UTV Software Communications Ltd., entered into an agreement with the respondent, Radaan Media Works Ltd., on 21 June 2001, under which ...

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