Search Results for "Exchange Deed"

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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 Hears Appeals Against Madras High Court’s Setting Aside of Alien...
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Search Results for "Exchange Deed"

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High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

Bombay High Court Allows Appeal Against Order in MIDC Effluent Treatment Plant Dispute — Appellant Not Liable for CETP Charges After Disconnection. Tripartite Agreement for Common Effluent Treatment Plant (CETP) terminated upon appellant's disconnection; respondent cannot recover charges for period after disconnection under the agreement and Maharashtra Industrial Development Act, 1961.

5 Jun 2023

The appellant, M/s Indo Rama Synthetics (I) Ltd., is a company incorporated under the Companies Act, 1956, engaged in manufacturing synthetic filament...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Multimodal Transport Dispute — Arbitration Clause in Bill of Lading Held Valid and Binding. The court applied the prima facie test under Section 11(6A) of the Arbitration and Conciliation Act, 1996, and appointed a retired judge as arbitrator.

23 Feb 2023

The applicant, Nagreeka Indcon Products Pvt. Ltd., a manufacturer of aluminium foil containers, sought appointment of a Sole Arbitrator under Section ...

Supreme Court

Supreme Court Allows Landowner's Appeal in Arbitration Dispute Over Development Agreement Validity. Clause 18 of Development Agreement Held as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996, Reversing High Court's Dismissal of Section 11 Application.

7 Sep 2022

The dispute originated from a Development Agreement dated 29.05.2014 between the appellant landowner and respondent developer for construction of an a...

High Court

Bombay High Court Allows Petition Seeking Release of Mortgage Documents After Full Loan Repayment, Rejects Bank's Claim of General Lien. The court held that a bank cannot retain title deeds deposited as security for a specific loan after full repayment on the ground of other debts, as the general lien under Section 171 of the Indian Contract Act, 1872 does not extend to such documents.

25 Aug 2022

The petitioner, M/s F.A. Construction, a partnership firm, had availed a loan of Rs. 98,00,000 from Andhra Bank (now Union Bank of India) under the St...

High Court

Bombay High Court Dismisses Petition Seeking Return of Plaint in Specific Performance Suit, Holds Dispute Falls Within Commercial Dispute Definition. Agreement for Development of Land Involves Commercial Activity Under Section 2(1)(c)(vii) of Commercial Courts Act, 2015.

22 Dec 2021

The petitioner, original defendant no.3(a) to 3(c) in a suit for specific performance of a development agreement dated 1st October 2014, filed a writ ...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

Supreme Court

Supreme Court Sets Aside Injunction in Specific Performance Suit Due to Lack of Prima Facie Case and Delay. The Court held that the plaintiff failed to establish a strong prima facie case of a concluded contract under the Specific Relief Act, 1963, and the unexplained delay of over 7 months in filing the suit weighed against grant of temporary injunction.

6 Jan 2020

The Supreme Court of India heard appeals against a common order of the Gujarat High Court affirming a temporary injunction granted by the trial court ...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

27 Mar 2019

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

High Court

Bombay High Court Allows Eviction of Licensee in Leave and License Dispute — Licensee Cannot Claim Tenancy Rights After Expiry of Agreement. The court held that a licensee who continues in possession after expiry of leave and license agreement without renewal is a trespasser, and the Small Causes Court has jurisdiction to order eviction under Section 41 of the Presidency Small Cause Courts Act, 1882.

4 May 2011

The petitioner, Shashikant G. Mehta, was the defendant in a suit filed by the respondent, Soonoo Minoo Khajotia, seeking eviction from a garage. The p...

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