Search Results for "Statutory Right"

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Restoration of Appeal Allowed: Compromise Non-compliance Entitles Statutory Remedy. Failure to honor compromise terms allows restoration of appeal under the Code of Civil Procedure.

The Supreme Court held that in cases of non-compliance with compromise terms, a party has the statutory right to seek restoration of an appeal. The Hi...

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Balancing procedural compliance and rights under the Prevention of Food Adulteration Act.

The Bombay High Court dealt with a criminal application under Section 482 of the Cr.P.C. filed by Hindustan Coca-Cola Beverages Pvt. Ltd. to quash pro...

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"Lease Renewal Rights Limited under Caltex Act: Bombay HC Rules in Landmark Eviction Case" "Nationalized entities cannot claim perpetual renewal rights under both contract and statute."

The possession and leasehold rights of a fuel station premises. Hindustan Petroleum Corporation Limited (HPCL) claimed lease renewal rights under both...

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Grant of Deemed Conveyance: Upholding Rights of Housing Societies Despite Unlawful Construction. Balancing flat purchasers' statutory rights with developers' non-compliance under the Maharashtra Ownership of Flats Act (MOFA).

The Bombay High Court addresses the pivotal issue of whether an illegal or unauthorized building structure impairs a cooperative housing society's sta...

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"Premature Federal Society Formation Dismissed: Harmonizing MCS, MOFA, and RERA for Balanced Real Estate Development"

1. Background of the Case (Para 3-5): Lodha Belmondo Housing Federation Ltd., comprising six co-operative societies, sought registration as a Feder...

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"Deemed Conveyance under MOFA: High Court Upholds Societal Rights, Dismisses Ownership Disputes" "Statutory obligations outweigh title conflicts in securing housing societies' rights."

The Bombay High Court dealt with the challenge against the denial of deemed conveyance under Section 11(3) of the Maharashtra Ownership of Flats Act (...

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Suspension of Worker Welfare Schemes Quashed. "Pre-election Model Code of Conduct cannot override statutory rights under welfare laws," rules Bombay High Court.

The legality of a circular issued by the Maharashtra Building and Other Construction Workers’ Welfare Board, which suspended welfare activities unde...

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Case on Pre-emption Rights in Hindu Succession for Co-Heirs and Application of Hindu Succession Act, 1956. A detailed analysis of the right of pre-emption among Class I heirs, testamentary succession, and limitations under Hindu Succession Act, 1956, with reference to family property and co-heir rights.

This case examines the right of pre-emption among Class I heirs in Hindu succession when property devolves upon them. The appellants, heirs of Sushila...

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Supreme Court Upholds Constitutional Validity of Section 17(5)(d) of the CGST Act, Restricting Input Tax Credit on Construction of Immovable Property for Leasing. No ITC on Goods and Services Used in Construction for Leasing under Section 17(5)(d), Says Supreme Court.

The constitutional validity of Section 17(5)(d) of the Central Goods and Services Tax (CGST) Act, 2017, concerning the denial of Input Tax Credit (ITC...

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Constitutional Validity of Section 96(b) of the Cantonment Act Upheld in Mall Tax Case. Bombay High Court Dismisses SGS Infratech Limited’s Petition, Affirms the Requirement for Tax Pre-Deposit in Appeals

The Bombay High Court upheld the constitutional validity of Section 96(b) of the Cantonment Act, 2006, which mandates the deposit of disputed taxes a...