Search Results for "equitable principle"

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High Court of Bombay at Goa Dismisses Appeal by Goa University Against Injunction in Easement Dispute. Right of Way Claim Upheld Based on Long User and Necessity Under Indian Easements Act, 1882.

The case involves an appeal by Goa University (original defendants) against an order dated 24.06.2016 passed by the District Judge-1, North Goa, Panaj...

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Bombay High Court Dismisses Petition Challenging Airport Authority's Demand for Vacant Possession of Premises. Lease Agreement for Flying Club Premises at Juhu Aerodrome Terminated Due to Non-Payment of Rent and Unauthorized Subletting.

The petitioners, M/s. Bombay Flying Club and its Honorary Secretary, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Allows Writ Petition Challenging Recovery of Alleged Excess Pay from Leave Encashment – Section 33-C(1) Industrial Disputes Act, 1947. Recovery of excess payment after five years held iniquitous and arbitrary, following Chandi Prasad Uniyal principle.

The petitioner, Vilas Pandurang Markande, a former employee of the Mumbai Port Trust (respondent No.2), filed a Writ Petition challenging the order da...

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High Court of Karnataka Dismisses Second Appeal in Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for permanent injunction dismissed as plaintiff failed to prove title and possession; substantial questions of law not made out.

The appellant, Smt. Sathyamma, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 3.1...

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High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...

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Bombay High Court Partly Allows Writ Petition Challenging Civil Judge’s Orders on Cancellation of Evidence and Examination of Unnamed Witness. Orders Set Aside as Civil Court Lacked Power to Cancel Tendered Evidence and Leave Under Order XVI Rule 1(3) CPC Was Not Properly Obtained.

A partnership firm filed a civil suit against the petitioners for delivery of possession and mesne profits. The suit was pending before the Civil Judg...

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Bombay High Court Pronounces Judgment in Criminal Appeal Against MPID Court's Order Rejecting Application to Declare Attachment Void. Appeal Raises Questions on Compliance with Sections 4 and 5 of the Maharashtra Protection of Interests of Depositors (In Financial Establishments) Act, 1999.

The criminal appeal before the Bombay High Court arose from an order of the designated court under the Maharashtra Protection of Interests of Deposito...