Search Results for "Equitable balance"

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Bombay High Court Dismisses PIL Against National Sports Club of India Construction, Upholding Environmental and Municipal Permissions. Court finds no violation of CRZ or heritage regulations and rejects allegations of illegal construction as motivated by private interests.

The petitioner, Society for Promotion of Equality, Awareness and Rights (SPEAR), filed a Public Interest Litigation before the Bombay High Court seeki...

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Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

The Petitioner, Provident Multi-Trading Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim reli...

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Bombay High Court Dismisses Writ Petition by Employees of Private Unaided Educational Institutes Seeking Regularisation. Institutes Not 'Schools' Under Maharashtra Employees of Private Schools Act, 1977, Hence No Entitlement to Absorption.

The petitioners, numbering 41 individuals, were employees of two private unaided educational institutes: Adv. V. R. Manohar Institute of Diploma in Ph...

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Bombay High Court Dismisses Appeal in Family Property Dispute — Plaintiff's Possessory Rights Upheld Based on Agreement and Expenditure. Court held that the plaintiff had established his right to occupy the suit premises based on a family arrangement and his contribution to construction costs.

The case involves a family dispute between a mother (defendant No.1) and her son (plaintiff) over possession of a bungalow. The plaintiff, a doctor, r...

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Bombay High Court Dismisses Revision Against Eviction Decree in Landlord-Tenant Dispute — Bona Fide Need for Hotel Business Established. Landlord's son's need for premises to start hotel business held genuine and reasonable under Section 16 of Maharashtra Rent Control Act, 1999.

The case arises from a civil suit filed by the respondents (original plaintiffs) against the applicants (original defendants) for possession of suit p...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Compensation for Deceased Motorcyclist. No Contributory Negligence Found as Maruti Car Driver Was Solely Negligent, and Compensation Based on Income Tax Returns and Multiplier of 10 Was Proper.

The case arises from a motor accident on 7th August 1994, when Rajendra, the deceased, was riding a Hero Honda motorcycle and was hit by a Maruti car ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Shop Premises Enforced as Plaintiff Proved Continuous Readiness and Defendants Failed to Execute Sale Deed Despite Receiving Earnest Money.

The respondent (original plaintiff) filed Special Civil Suit No.136 of 1987 for specific performance of an agreement to sell dated 19.7.1987, whereby ...

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Bombay High Court Allows Writ Petition Challenging Seniority List in School Teacher Appointment Dispute. Petitioner declared senior-most employee entitled to consideration for Head Master post based on continuous service from 1995.

The petitioner, Shrishkumar Choudhari, was appointed as an Assistant Teacher at New English School, Bhalod on 15-06-1995. He claimed to be the senior-...

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Bombay High Court Quashes Recovery of Alleged Overpayment from Widow of Deceased Employee. Recovery of Excess Pay Fixation Amount from Retiral Benefits of Deceased Employee Without Notice During Lifetime Is Unjust and Cannot Be Sustained.

The petitioner, Smt. Ujwala Thakre, widow of Rupchand Thakre, filed a writ petition challenging communications dated 08/04/2015 and 16/04/2015 issued ...