Search Results for "equitable order"

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

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Bombay High Court Considers Application to Stay Damages Claim in Admiralty Suit for Wrongful Arrest of Bunkers. Court Examines Argument That Suit for Interim Security Pending Arbitration Does Not Disclose Cause of Action, Reliance on BALCO Judgment.

An admiralty suit was filed by a foreign company against, inter alia, the bunkers on board the vessel M.V. African Eagle and its charterers, seeking a...

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Bombay High Court Allows Retired Professor's Petition, Quashes Recovery from Gratuity and Pension. Recovery of Rs.8,43,782/- from retiral benefits set aside as employer failed to prove misrepresentation or fraud by employee, and recovery from pension/gratuity is impermissible under settled law.

The petitioner, Ganesh Sitaram Magar, a retired Ayurved professor, challenged the recovery of Rs.8,43,782/- from his gratuity and pension benefits. He...

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Bombay High Court Allows MSEDCL Petition Against CGRF Interest Order in Tariff Refund Dispute. Interest on Differential Tariff Amount Not Payable Absent Specific Provision in Regulations or Agreement.

The petitioner, Maharashtra State Electricity Distribution Company Limited (MSEDCL), challenged an order dated 25 January 2018 passed by the Consumer ...

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Bombay High Court Quashes Stamp Duty Demand Against Successors in Interest Due to Violation of Natural Justice. Predecessor in title not given opportunity of hearing before determination of deficit stamp duty under Maharashtra Stamp Act, 1958.

The petitioners, who are the legal heirs and successors in interest of one Abubakar Memon, filed a writ petition under Article 226 of the Constitution...