Search Results for "lease policy"

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Search Results for "lease policy"

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High Court

Gujarat High Court Dismisses Petition for Appointment of Arbitrator in Lease Dispute Between Society Member and Municipal Corporation. Arbitration Clause in Lease Agreement Not Binding on Member Who is Not a Party to the Agreement.

9 Jan 2026

The petitioner, Shree Kishore Jaiprakash Agarwal, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment...

Supreme Court

Supreme Court Upholds High Court Decision: BOT Scheme Agreements Classified as Leases, Rejects Claims of Legitimate Expectation and Promissory Estoppel. In a landmark ruling, the Supreme Court affirms that Build, Operate & Transfer (BOT) agreements for toll collection fall under the definition of a lease, dismissing appeals challenging legislative amendments and executive assurances.

19 Jul 2024

Petitions decided by the High Court of Madhya Pradesh, questioning whether a Build, Operate & Transfer (BOT) Scheme agreement, where the right to ...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

High Court

Bombay High Court Dismisses Challenge to GST Levy on TDR/FSI Transfers by Builders Association. Transferable Development Rights (TDR) and Floor Space Index (FSI) are 'goods' under Article 366(12) of the Constitution and subject to GST as a supply under Section 7 of the Central Goods and Services Tax Act, 2017.

10 Apr 2018

The petitioners, Builders Association of Navi Mumbai and Neelsidhi Realties, filed a writ petition under Article 226 of the Constitution of India chal...

High Court

Bombay High Court Allows Appeals by Tenants Against Eviction Orders in Redevelopment Dispute — Held That Tenants Cannot Be Evicted Without Proper Rehabilitation Under MHADA and Cooperative Housing Society Bye-Laws.

2 Sep 2016

The judgment pertains to a group of appeals filed by tenants (Pramod Jamnadas Gokani, Upendra Lallubhai Shah, Priti Pramod Gokani, and Kamlesh Jayant ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Act Order for Police Aid — No Locus Standi for Borrower's Partner After Property Sold to Third Party. The Court held that once the secured asset is sold and possession handed over to the auction purchaser, the borrower or its partner has no right to challenge the Section 14 order, and the remedy lies before the DRT under Section 17 of the SARFAESI Act.

9 Oct 2015

The petitioners, M/s. National Laminate Corporation (a partnership firm) and its partner Mr. Jayantilal L. Nisar, filed a writ petition under Article ...

High Court

Bombay High Court Quashes Demand Notices for Transfer Premium in Lease Assignment Case. Co-operative Society's Assignment of Lease to Members Does Not Attract Transfer Premium Under MCGM Policy.

25 Feb 2015

The petitioners, Homi Villa Co-operative Housing Society Limited and others, filed a writ petition under Article 226 of the Constitution of India befo...

High Court

Bombay High Court Partially Allows Petition Against Arbitral Award in Hire Purchase Dispute — Reduces Interest Rate from 36% to 24% per annum. Court holds that 36% per annum interest on delayed payments is penal and excessive, and reduces it to 24% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

8 Jan 2015

The petitioners, Ashwin Crane & Construction and Ashwin Virji Dhame, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, ...

High Court

Bombay High Court Allows Writ Petition Against CIDCO's Refusal to Grant NOC for Additional FSI for IT/ITES Development. Government Order dated 31st August 2009 enabling additional FSI for IT/ITES use is binding on CIDCO as a planning authority.

11 Jun 2012

The petitioner, M/s. Shakti Commercial Premises Society Ltd., a cooperative society registered under the Maharashtra Coop. Societies Act, 1960, filed ...

High Court

Bombay High Court Quashes Chief Minister's Permission for Development on Recreational Ground in Public Interest Litigation. Section 47 MRTP Act Appeal Allowed Without Proper Application of Mind and Contrary to Development Plan Reservation.

10 Jun 2011

The judgment arises from a public interest litigation filed by residents living around the Cooperage plot in Mumbai, represented by the Oval Cooperage...

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