Search Results for "pre-emption right"

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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 "pre-emption right"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order in Final Decree Proceedings — Court Holds That Application Under Section 151 CPC Read with Sections 3 and 4 of the Partition Act for Considering Earlier Applications Is Maintainable and Not Barred by Res Judicata.

24 May 2023

The writ petition was filed by the petitioners (Mukunda Rao and Venkatesh Rao) challenging the order dated 25.10.2021 passed by the Principal Senior C...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit for Declaration and Injunction. Court holds that valuation for court fees and jurisdiction is determined by the relief claimed in the plaint, and the trial court's finding that the suit was properly valued is a finding of fact not warranting interference under Section 115 CPC.

25 Jun 2019

The case arises from Regular Civil Suit No. 780 of 2009 filed by respondents no.1 and 2 (plaintiffs) against the applicants (defendants) seeking a dec...

Supreme Court

Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

7 May 2019

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

High Court

High Court Dismisses Appeal in Share Transfer Dispute — Transfer Under Scheme of Amalgamation is Transmission by Operation of Law, Not Subject to Pre-emption. The court held that a transfer of shares pursuant to a court-sanctioned scheme of amalgamation is a transmission by operation of law and not a voluntary transfer, thus pre-emption rights under Articles of Association do not apply.

1 Mar 2016

The case involves a company appeal against an order of the Company Law Board (CLB) allowing a petition under Section 111 of the Companies Act, 1956. T...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Execution of Permanent Injunction Decree Against Legal Representatives. Decree for Permanent Injunction Binds Legal Representatives of Deceased Judgment-Debtor Under Section 50 CPC and Order 21 Rule 32 CPC.

26 Aug 2014

The petitioners, widow and children of Divira Bolu, challenged the orders passed by the II Additional Civil Judge and JMFC, Kundapura, in Execution Pe...

High Court

Bombay High Court Dismisses Tenants' Revision Against Execution of Eviction Decree by Transferee Landlord. Transferee Pendente Lite Held Entitled to Execute Decree Under Order 22 Rule 10 CPC.

21 Jul 2014

The present Civil Revision Application was filed by the tenants (applicants) challenging the order dated 27/28.11.2008 passed by the Appellate Bench o...

High Court

Bombay High Court Allows Referral to Arbitration in Shipping Agency Dispute — Agency Agreement Arbitration Clause Enforceable Under Section 45 of Arbitration and Conciliation Act, 1996. Court holds that disputes regarding termination and novation of agency agreement are covered by arbitration clause and must be referred to arbitration in Tokyo.

28 Jan 2014

The judgment concerns two interconnected proceedings: Arbitration Petition No. 446 of 2003 filed by Mitsui OSK Lines Ltd. (petitioner) under Section 4...

High Court

Bombay High Court Allows Appeal in Partition Suit — Holds That a Will Bequeathing Property to a Daughter Does Not Confer Title Unless She Is in Possession and That Adverse Possession Must Be Pleaded and Proved. The court decreed partition of ancestral property in favour of co-owners, rejecting the claim of adverse possession by the respondents.

18 Dec 2006

The case involves a dispute over partition of ancestral property. The appellants, original plaintiffs, filed a suit for partition and separate possess...

Supreme Court

Supreme Court Allows Assessee's Appeal, Holding Royalty Payment for Mining Lease is Revenue Expenditure. Yearly royalty of Rs. 96,000 under mining arrangement with Government deductible under Income-tax Act as it relates to raw material obtained, not capital outlay.

15 Nov 1965

This appeal arose from income tax assessment proceedings for the years 1954-55 to 1956-57. The appellant, a registered firm manufacturing lime from li...

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