Search Results for "wrongful declaration"

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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 "wrongful declaration"

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High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Credit Card Dues — Defendant Must Deposit Entire Principal Amount. Court holds that under Order 37 CPC, conditional leave is justified when defendant fails to raise a triable issue or show substantial defence, and the amount claimed is admitted or undisputed.

5 Jan 2024

The petitioner, Dhanaraj Meghraj Rajpal, proprietor of M/s Bombay Apparel Manufacturing Company, challenged an order dated 24 August 2022 passed by th...

High Court

Bombay High Court Allows Writ Petitions Challenging Arbitral Award in Property Dispute — Award Set Aside for Violation of Natural Justice and Lack of Reasons. Court holds that an arbitrator must provide reasoned findings and cannot rely on unsubstantiated claims without evidence.

20 Feb 2024

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award dated 30 June 2023 passed by a...

High Court

Bombay High Court Allows Second Appeals in Trust Dispute Over Change Reports — Remands Matter for Fresh Consideration on Merits. Court holds that the Joint Charity Commissioner failed to exercise jurisdiction under Section 41D of the Maharashtra Public Trusts Act, 1950 by not adjudicating the validity of the rival change reports and instead dismissing them on procedural grounds.

3 May 2023

The present appeals arise out of a decision of the Joint Charity Commissioner, Nagpur, allowing Change Report No.1176 of 2003 and rejecting Change Rep...

High Court

Bombay High Court Dismisses Appeal Against Order Allowing Withdrawal of Fixed Deposits to Pay Statutory Dues in Family and Corporate Dispute. Court upholds trial court's discretion to permit defendant No.1 to liquidate company fixed deposits for payment of property tax and income tax, subject to undertaking.

28 Jun 2023

The appeal arises from an order dated 11 November 2019 passed by the City Civil Court, Greater Bombay, in Notice of Motion No.1182 of 2019 in SC Suit ...

High Court

Bombay High Court Quashes Deemed Conveyance Order Under MOFA Due to Lack of Notice to Developer. Section 11 of MOFA Requires Notice to All Parties Before Granting Unilateral Conveyance.

5 Jun 2023

The petitioners, M/s. ACME Enterprises (a partnership firm) and its partner Mr. Ummedra K. Vardhan, challenged an order dated 26th November 2019 passe...

High Court

Bombay High Court Quashes Direction to Register FIR Against Father of Victim in POCSO Acquittal Case — Lack of Jurisdiction and Non-Compliance with Section 340 CrPC. The court held that the trial court's direction to register an FIR for perjury without following Section 340 CrPC procedure is illegal and without jurisdiction.

11 Aug 2023

The appellant, Mahesh Baburao Dhavale, is the father of a minor victim girl. The accused faced trial in Special Case (POCSO) No. 155 of 2017 for offen...

High Court

Bombay High Court Upholds Labour Court Award of Reinstatement with Full Backwages in Hospital Employee Dispute. Employer's Claim of Voluntary Resignation Rejected Due to Lack of Evidence and Failure to Prove Abandonment of Service.

13 Sep 2023

The petitioner, M/s. Ashwini General Hospital & Intensive Care Centre, challenged an award dated 6 November 2017 passed by the Presiding Officer, Labo...

High Court

Bombay High Court Quashes Deemed Conveyance Order in Co-operative Housing Society Dispute — Lack of Notice to Original Landowner Violates Principles of Natural Justice. Deemed Conveyance under Section 11 of MOFA cannot be granted without affording opportunity of hearing to the developer who is not a member of the society.

4 Oct 2023

The petitioners, M/s. K.G. Associates (developer) and its partner, challenged an order dated 17 March 2020 passed by the Deputy Registrar of Co-operat...

High Court

Bombay High Court Grants Interim Relief to Buyer in Scrap Sale Contract Dispute Under Section 9 of Arbitration Act. Court Restrains Seller from Selling Scrap to Third Parties Pending Arbitration, Holding Prima Facie Case and Balance of Convenience in Favor of Buyer.

24 Jan 2022

The petitioner, Chetan Iron LLP, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures pending arbi...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Contract Dispute. Court holds that invocation of unconditional bank guarantees must be honoured unless there is clear fraud or irretrievable injustice, and disputes over contract termination do not constitute fraud.

22 Mar 2022

The Appellant, Reliance Infrastructure Limited, entered into a contract with Respondent No.1, NLC India Limited, for the supply of coal under a Letter...

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