Search Results for "Equity Jurisdiction"

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COMPANY APPEAL NOS. 1 to 7 of 2015

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Bombay High Court Dismisses PIL Challenging Building Construction Permissions as Barred by Res Judicata and Laches. The Court held that the petitioners had previously litigated the same issues and obtained no relief, and the PIL was filed after substantial construction had already been completed.

The Altamount Road Area Citizens Committee and another petitioner filed a Public Interest Litigation (PIL) before the Bombay High Court challenging th...

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Bombay High Court Considers Appeal Under Section 37 Against Interim Order Under Section 9 in Property Development Arbitration. The Impugned Order Granted Conditional Relief Including Injunction and Appointment of Receiver Pending Arbitration.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 read with Clause 15 of the Letters Patent challenged an order passed by a le...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Bombay High Court Allows Developer's Petition in Property Dispute, Sets Aside Injunction on Construction. Court holds that the appellate court exceeded its jurisdiction by granting ad-interim injunction without considering balance of convenience and prima facie case.

The petitioner, Radhika Property Developers Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the judgment a...

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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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High Court of Karnataka Allows Appeal in Property Suit — Remand Order Set Aside Due to Lack of Jurisdiction Under Order XLI Rule 33 CPC. Appellate Court Exceeded Powers by Setting Aside Final Decree in Unconnected Suit Without Appeal or Cross-Objection.

The appellant, Smt. Shantawwa, filed a Miscellaneous Second Appeal under Section 43 Rule 1(u) read with Section 104 of the Code of Civil Procedure, 19...

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Bombay High Court Dismisses Assessee's Appeal in Income Tax Case on Dividend Distribution Tax Rate. DDT under Section 115-O is a tax on the company, not on shareholders, and the India-UK DTAA does not provide a lower rate for DDT.

The Bombay High Court dismissed a batch of seven appeals filed by Foseco India Ltd. under Section 260A of the Income Tax Act, 1961, challenging a comm...