Search Results for "conditional order"

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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...
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Search Results for "conditional order"

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High Court

High Court of Bombay Discharges Contempt Rule Against Police Officer for Arrest Despite Anticipatory Bail; Finding Lack of Wilful Disobedience Due to Unclear Communication of Extended Order. Contempt Not Established as Extended Anticipatory Bail Order Was Not Properly Communicated to Officer, Negating Wilful Disobedience Under Contempt of Courts Act, 1971.

14 Jul 2006

The matter arose from a suo motu contempt reference made by the District and Sessions Judge, Solapur, against Shri E.N. Sakore, a Police Sub-Inspector...

Supreme Court

Supreme Court Allows Appeal in Conditional Sale Dispute — Holds That Transaction Was a Sale with Condition of Repurchase, Not a Mortgage. The Court restored the Trial Court's decree dismissing the suit for specific performance, finding that the conditional sale deed dated 5.8.1977 was an out-and-out sale with a condition of repurchase, and the suit filed in 1983 was premature as the condition could only be exercised by July 1984.

4 Jul 2023

The case involves a dispute over a property in Patna. Kishori Lal Sahu, the original owner, along with his son, executed a conditional sale deed dated...

High Court

High Court of Bombay Restrains Bank from Honoring Bank Guarantee Invocation After Completion of Contract — Invocation Held Invalid as Guarantee Ceased to Be Operative. The court held that the bank guarantee had ceased to be operative upon completion of the contract as certified by the Independent Engineer, and the beneficiary's invocation was not in terms of the guarantee.

12 Apr 2013

The plaintiff, M/s. ABG Kandla Container Terminal Ltd., filed a suit seeking declarations that a bank guarantee had ceased to be operative and that th...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case: Order II Rule 2 CPC Bar Applies to Subsequent Suit for Specific Performance When Relief of Permanent Injunction Was Sought in Previous Suit. The Court held that the plaintiff's entitlement to seek specific performance existed at the time of the first suit, and failure to include it bars the second suit under Order II Rule 2 CPC.

17 Jan 2025

The dispute arose from an agreement for sale dated 24.01.2007 between M/s Chemplast Cuddalore Vinyls Limited (respondent no.1/original plaintiff) and ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's bail status and passed the order mechanically, violating the requirement of subjective satisfaction.

19 Apr 2005

The petitioner, Shri Madhukar Mahadeo Manve, challenged the detention order dated 19th August 2004 passed under the Maharashtra Prevention of Dangerou...

High Court

Bombay High Court Division Bench Answers Referred Questions on Adequacy of Protection Under Section 52 of Transfer of Property Act and Grant of Interim Injunctions. The Court Examined Whether Section 52 TP Act Provides Sufficient Safeguard to Deny Injunction Pendente Lite and the Role of Notice Registration Under Section 18 of the Indian Registration Act.

4 Oct 2016

The appeal arose from an order of the Trial Court rejecting the appellant's application for temporary injunction in a suit for specific performance of...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Willful Breach of Consent Terms — No Willful Disobedience Established as Order Was Ambiguous and Compliance Was Substantial. The court held that ambiguity in the order must be resolved in favor of the alleged contemnor and that contempt requires proof of willful and deliberate disobedience beyond reasonable doubt.

4 May 2026

The contempt petition was filed by Dr. Hari Tulshiram Gholap and Dr. Prabiha Hari Gholap (original plaintiffs) against Shri Jitendra Rajaram Savant an...

High Court

Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

17 Nov 2004

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Service Tax Case — Notification 8/2005-ST Held Conditional. CESTAT order setting aside demand against assessee upheld as notification required fulfillment of conditions for exemption.

1 Apr 2015

The Commissioner of Central Excise, Bangalore-II, filed appeals under Section 35G of the Central Excise Act, 1944, challenging a common order dated 12...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Dispute. Deed termed 'conditional sale' interpreted as mortgage under Section 58(c) of Transfer of Property Act, 1882, entitling plaintiff to redemption.

7 Mar 2017

The case involves a dispute over the interpretation of a deed executed between the parties, termed as 'conditional sale'. The appellant (original defe...

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