Search Results for "mandatory obligation"

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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 "mandatory obligation"

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Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Under Specific Relief Act 1963 - Upholds Decree for Specific Performance Based on Plaintiff's Readiness and Willingness. The Court affirmed that time was not of the essence, discharge of mortgage was a condition precedent, and the plea under Order II Rule 2 CPC was not raised in the written statement and thus barred.

20 Jan 2022

The appeal arose from a judgment and order dated 7 January 2019 of a Single Judge of the High Court of Judicature at Madras, which dismissed the secon...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

High Court

Bombay High Court Allows Second Appeal in Easement by Prescription Case — Right of Way Established Over Dhura for Agricultural Access. Plaintiffs' Suit for Mandatory Injunction to Remove Thorny Compound and Restrain Interference with Right of Way on Gat No. 117 Allowed Based on Long User and Acquiescence.

17 Jan 2020

The case involves a second appeal filed by the original plaintiffs, Wasudeo and Leeladhar Kale, against the judgment of the first appellate court whic...

High Court

Bombay High Court Allows Arbitration Reference in Bank Guarantee Dispute — Dealership Agreement Contains Valid Arbitration Clause. The court held that the trial court erred in rejecting the Section 8 application by examining the scope of the arbitration clause, as the bank guarantee was a security under the dealership agreement and the dispute was covered by the arbitration agreement.

11 Apr 2011

The petitioner, Escorts Limited (defendant No.1), filed a Civil Revision Application challenging the order of the 3rd Joint C.J.S.D., Aurangabad, date...

Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

High Court

Karnataka High Court Reserves Order in Writ Petition Seeking Premature Release of Life Convict. Court Analyzes Applicability of Supreme Court's Sukhdev Yadav Judgment on Sentence Interpretation.

13 Mar 2026

The petitioner, a life convict serving sentence in Central Prison, Mysore, approached the High Court of Karnataka seeking a writ of mandamus for his i...

High Court

High Court of Karnataka Adjudicates Intra-Court Appeals Against Order Upholding Blocking of Electronic Credit Ledgers Under Rule 86A of CGST Rules; Considers Requirement of Pre-Decisional Hearing and Bonafide Purchaser Protection.

2 Apr 2024

The appeals arose from a common order dated 27.07.2023 passed by a Single Judge in a batch of writ petitions, rejecting the contentions of the appella...

High Court

Bombay High Court Upholds Deemed Conveyance Under MOFA Despite Pending Civil Suit — Statutory Right to Conveyance Independent of Contractual Disputes. The Competent Authority's grant of deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 was upheld as the statutory right operates independently of a pending civil suit for specific performance and damages.

7 Feb 2025

The petitioner, Swastik Promoters and Developers, challenged an order dated 26th July 2021 passed by the Competent Authority (District Deputy Registra...

High Court

Bombay High Court Allows Writ Petitions Challenging Competent Authority's Orders Under MOFA, 1963 — Orders Quashed for Lack of Jurisdiction and Violation of Natural Justice. The Competent Authority under Section 5A of MOFA, 1963 cannot adjudicate title or possession of land, and must follow principles of natural justice.

18 Apr 2024

The judgment involves two writ petitions: Writ Petition No. 180 of 2018 filed by Marathon Era Co-operative Housing Society Ltd and Writ Petition No. 2...

High Court

Bombay High Court Allows Interim Relief Under Section 9 of Arbitration Act in Commodity Exchange Dispute — Petitioner Granted Access to Warehouse for Inspection and Sampling of Steel Coils. Court held that preservation of subject matter is essential to prevent irreparable loss and that balance of convenience favored the petitioner.

9 Mar 2012

The petitioner, National Commodity and Derivative Exchange Ltd. (NCDEX), a multi-commodity exchange providing an online platform for trading futures c...

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