Search Results for "unavoidable circumstances"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "unavoidable circumstances"

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High Court

Bombay High Court Dismisses Application for Appointment of Arbitrator in Development Agreement Dispute, Holding Claim Time-Barred. Court Refuses to Condon 15-Day Delay Under Section 5 of Limitation Act, 1963, Relying on HPCL Bio-Fuels and Emphasizing Need for Exceptional Circumstances.

30 Jun 2025

The dispute arose from a Development Agreement dated March 31, 2016 between the applicant-developer and the respondent-cooperative housing society for...

Tribunals

National Company Law Appellate Tribunal Upholds Mediated Consent Terms in Company Dispute Under Companies Act, 1956 -- Appeals by Appellant(s) and Accurate Engineering Company Pvt. Ltd. & Ors. Dismissed Due to Failure to Prove Coercion, Undue Influence, and Duress

15 Oct 2025

The National Company Law Appellate Tribunal dismissed appeals challenging the National Company Law Tribunal's order that upheld mediated consent terms...

High Court

Bombay High Court Sets Aside Ex-Parte Arbitral Award Due to Lack of Proper Notice and Violation of Natural Justice — Leave and Licence Agreement Dispute. The court held that the arbitrator failed to ensure proper service of notice on the petitioner, thereby denying it a fair opportunity to present its case under Section 34 of the Arbitration and Conciliation Act, 1996.

29 Jul 2016

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an ex-parte arbitral...

High Court

Bombay High Court Dismisses Admiralty Suit for Pure Economic Loss Without Physical Damage — Claim for Production Loss Due to Vessel Grounding Held Not Maintainable in Tort of Negligence. Defendant Vessel Owner Not Liable as No Duty of Care Owed to Jetty Owner for Purely Economic Loss.

9 Jun 2014

The plaintiff, owner of a captive jetty and PVC resin plant, filed an admiralty suit against the defendant vessel, claiming production loss of Rs. 12,...

High Court

Bombay High Court Allows Arbitration Application Under Section 11 of Arbitration Act, Condoning 258-Day Delay. Court Appoints Sole Arbitrator to Adjudicate Partnership Disputes Arising from Deed of Alteration of Partnership Dated 10 April 2013.

7 Apr 2026

The applicant, Infra Poonam Developers LLP, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an ...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Refusal to Condon 12-Year Delay in Restoration Application. Limitation Rules Apply Equally to Government; No Sufficient Cause Shown for Inordinate Delay.

22 Apr 2024

The dispute originated from a lease deed executed in 1951 for a bungalow in Pune Cantonment. The respondent (landlord) filed a civil suit in 1981 for ...

High Court

Bombay High Court Allows Landlord to Sue Unknown Heirs in Eviction Proceedings — Procedure for Service by Substituted Service and Appointment of Administrator General. The court held that a landlord may file an eviction suit against 'heirs and legal representatives, if any' of a deceased tenant when their names and addresses are unknown, and the court may direct substituted service and appoint the Administrator General to represent the estate.

11 Apr 2018

The Bombay High Court addressed a procedural dilemma faced by landlords in Mumbai when a tenant dies and the landlord is unable to identify or locate ...

High Court

Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Goods Vehicle Passengers Not Covered Under Policy. Deceased were unauthorized passengers in a goods vehicle, hence insurer not liable under Section 147 of Motor Vehicles Act, 1988.

27 Sep 2013

The case involves two first appeals filed by the New India Assurance Company Ltd. challenging the judgments and awards dated 16-06-2010 passed by the ...

Supreme Court

Supreme Court Quashes High Court Order Allowing Amendment of Plaint in Partition Suit Due to Lack of Due Diligence and Impermissible Challenge to Compromise Decree. Amendment Sought at Fag End of Trial to Add Declaration Prayer Was Rejected as Oversight Alone Does Not Satisfy Proviso to Order VI Rule 17 CPC and Remedy for Compromise Decree Lies Only Before Same Court Under Order XXIII Rule 3 CPC.

29 Feb 2024

The dispute arose from a suit for partition of ancestral property filed by respondents No. 1 and 2 in 2005. They pleaded the existence of a compromise...

High Court

Karnataka High Court Examines Challenge to Rejection of Mercy Petition in Death Penalty Case Arising from Conviction Under Struck-Down Section 303 IPC. The petitioner raised multiple supervening circumstances including inordinate delay, solitary confinement, and non-application of mind by the authorities.

17 Aug 2023

The writ petitioner, a 70-year-old death row convict, challenged the rejection of his mercy petition by the President of India dated 04.01.2013, seeki...

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