Search Results for "ancillary term"

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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...
Supreme Court Hears Appeals on Permanent Establishment of Formula One World Cham...

Search Results for "ancillary term"

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High Court

Bombay High Court Dismisses Petitions Challenging Election Commission's Directive to Delete Hostel Residents from Electoral Rolls. The court upheld the Election Commission's power to ensure accurate electoral rolls under the Representation of the People Act, 1950, holding that hostel residents are not ordinarily resident in the constituency of the educational institution.

1 Oct 2019

The petitioners, including associations of educational institutions and individual institutions, filed writ petitions under Article 226 of the Constit...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Flat Purchase Dispute — Time Was Essence of Contract. Appellant failed to pay balance consideration within stipulated time; arbitrator's award of interest and costs upheld under Section 37 of Arbitration and Conciliation Act, 1996.

30 Sep 2019

The appellant, Mr. Nirmal Sureka, entered into two agreements on 26.11.1999 with respondent nos. 1 and 2 (Alankar Real Estate Pvt. Ltd. and Hotel Amar...

High Court

Bombay High Court Dismisses Management's Petition in School Termination Case — Termination Without Prior Approval Under Section 5 of M.E.P.S. Act Void. Reinstatement with Continuity Upheld, Back Wages Denied as Employee Did Not Work.

3 Mar 2014

The case involves a challenge by the management of a private school (Shamin Azad Education Society and others) against the judgment of the School Trib...

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 Partially Allows Challenge to Arbitral Award in Tripartite Agreement Dispute Over Warehousing Charges — Handwritten Insertion of 'Per Month' Not Binding Without Consent. The court upheld the arbitrator's finding that the handwritten insertion was not part of the agreement and that the award was not contrary to public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

28 Jan 2014

The dispute arose from a tripartite agreement dated 18 May 2004 between Essar Oils Limited (Petitioner), Central Warehousing Corporation (Respondent N...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause 12 of Letters Patent in Mortgage Suit. Part of Cause of Action Arose Within Jurisdiction as Loan Agreement and Assignment Deed Were Executed in Mumbai and Title Deeds Deposited There.

1 Oct 2013

The appellant, Deccan Chronicle Holdings Ltd., was the original First Defendant in a suit filed by PIL Industries Ltd. (the plaintiff) for recovery of...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

28 Aug 2013

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

High Court

Bombay High Court Allows Appeals Against Section 9 Orders in Arbitration Disputes — Interim Relief Set Aside Due to Lack of Urgency and Failure to Seek Enforcement of Mortgage. Court holds that when a creditor has a mortgage over property, the appropriate remedy is to enforce the mortgage rather than seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, especially when arbitration proceedings are already pending or an award has been passed.

8 Aug 2013

The appeals arose from a judgment and order of a learned Single Judge dated 5 February 2013, which granted interim relief under Section 9 of the Arbit...

High Court

Bombay High Court Allows Civil Reference in Suit for Injunction Against Recovery of Non-Agricultural Charges Under Bombay Revenue Jurisdiction Act, 1876. Civil Court Not Barred from Entertaining Suit as It Does Not Challenge Assessment but Merely Restrains Recovery of Charges.

6 Oct 2006

The case involves a civil reference made by the Civil Judge, Senior Division, Latur to the Bombay High Court under Section 13 of the Bombay Revenue Ju...

High Court

Bombay High Court Allows Writ Petition Challenging Property Tax Demand for Vacant Land Under Section 154 of the Mumbai Municipal Corporation Act, 1888 — Held That Land Used for Storage of Raw Material and Finished Goods Is Not 'Vacant Land' and Is Exempt from Tax.

17 Oct 2005

The petitioner, Mukand Limited, a company incorporated under the Indian Companies Act, 1913, challenged demand notices issued by the Municipal Corpora...

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