Search Results for "Liberal Construction"

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Bombay High Court Dismisses Appeal in Railway Non-Delivery Case Due to Invalid Notice Under Section 106 of Railways Act, 1989. Notice Served Beyond Six-Month Limitation Period and Addressed to Wrong Authority.

The appellant, M/s. Sapna Emporium, filed a first appeal against the judgment and order dated 22-09-1995 passed by the Railway Claims Tribunal, Bombay...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

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Bombay High Court Allows Landlord's Revision in Rent Control Case — Bonafide Need for Business Premises Established. Eviction Ordered on Grounds of Bonafide Requirement and Subletting Under Maharashtra Rent Control Act, 1999.

The revision application was filed by the landlord, Mohammad Musa Ibrahimsaheb Ghante, challenging the judgment and order of the Principal District Ju...

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Bombay High Court Dismisses Section 34 Petitions Challenging Arbitral Awards in Development Agreement Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages, rejecting grounds of patent illegality and public policy.

The petitioners, Pradyuman Kumar Sharma and Kuber Planters Limited, filed four arbitration petitions under Section 34 of the Arbitration and Conciliat...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...