Search Results for "residuary provision"

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Media Agency Contract Dispute. Rejects Limitation Objection as Not Ex-Facie Time-Barred, Holding That Limitation Is a Mixed Question of Fact and Law to Be Decided by the Arbitrator.

The applicant, TLG India Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole...

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Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

The plaintiffs (respondents) filed a suit for redemption and possession of agricultural lands, claiming that the transaction dated 03.11.1973 was a mo...

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Bombay High Court Quashes FIR Against Journalist in Police Defamation Case — Publication of News About Police Disharmony Does Not Attract Section 505(2) IPC. Police Case for Defamation of Public Servant Under Section 500 IPC Not Maintainable Without Sanction Under Section 199 CrPC.

The petitioner, a journalist, published two news articles in Dainik Pudhari on 8 October 2017 and 22 May 2018 regarding incidents involving police per...

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Bombay High Court Upholds Removal of Bank Officer for Misconduct in Loan Transaction. Disciplinary proceedings based on loan of Rs.6,500 sanctioned in 1976 held valid despite delay, as charges of moral turpitude and pecuniary benefit were proved.

The petitioner, Shri Sagar Sadashiv Kasture, was initially appointed as a Clerk in the Central Bank of India on 5 March 1973 and later promoted as an ...

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Bombay High Court Allows Second Appeal in Possession Suit Based on Title — Concurrent Findings Set Aside for Ignoring Compromise Decree and Mutation Entries. The court held that failure to consider crucial evidence renders findings perverse and warrants remand under Section 100 CPC.

The present second appeal arises from a suit for possession based on title filed by the original plaintiff (respondent No. 1) against the original def...