Search Results for "Wilful default"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Wilful default"

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Supreme Court

Supreme Court Refers Matter to Chief Justice on Advocates' Misconduct in Vexatious SLP Filing. Advocates Filed Second SLP with Incorrect Statements After Dismissal of First, Tendered Unconditional Apology, Leading to Divergent Judicial Opinions Under Supreme Court Rules, 2013.

17 Apr 2025

The Supreme Court was confronted with a case involving misconduct by advocates in filing a vexatious special leave petition. The petitioner, convicted...

High Court

Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order.

13 Aug 2024

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020,...

High Court

Bombay High Court Allows Department's Appeal in Central Excise Refund Case — Limitation Period Under Section 11B Is Mandatory and Unjust Enrichment Applies to Pre-deposit Refunds. The court held that the one-year limitation for refund claims cannot be extended and the claimant must prove no passing of duty burden.

8 Mar 2024

The case involves two connected matters: an appeal by the Commissioner of CGST & Central Excise, Thane Rural, against an order of the Customs, Excise ...

Supreme Court

Supreme Court Acquits Accused in Abetment to Suicide Case Due to Lack of Evidence of Instigation. Conviction under Section 306 IPC Set Aside as Alleged Threat Did Not Constitute Abetment.

1 Mar 2024

The Supreme Court allowed the appeal against the conviction of the appellant under Section 306 IPC for abetment to suicide. The appellant was a former...

High Court

Bombay High Court Dismisses Revenue's Appeal in Customs Classification Dispute — Extended Limitation Period Not Invokable Without Evidence of Suppression. CESTAT's finding that there was no misdeclaration or suppression of facts by the importer upheld, and the demand for differential duty beyond normal period was barred by limitation under Section 28 of the Customs Act, 1962.

21 Sep 2022

The Principal Commissioner of Customs (Import) filed an appeal under Section 130 of the Customs Act, 1962 against an order of the Customs Excise and S...

High Court

Bombay High Court Allows Appeal Against Rejection of Interim Injunction in Commercial Suit for Specific Performance of Share Pledge Agreement. Court holds that a prima facie case for specific performance of a contract to create a pledge is made out when the contract is clear and the plaintiff has performed its obligations.

23 Jun 2022

The appellant, World Crest Advisors LLP, filed a Commercial Suit against Catalyst Trusteeship Ltd and others seeking specific performance of a share p...

Supreme Court

Supreme Court Allows Tenants' Appeal in Rent Control Case — Striking Out Defence Not Automatic Under Section 15(7) of Delhi Rent Control Act, 1958. Discretionary Power Must Be Exercised Judiciously; Mere Non-Compliance Does Not Justify Striking Out Defence.

24 Sep 2019

The case involves an appeal by tenants against the High Court of Delhi's order upholding the Rent Controller's decision to strike out their defence in...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

High Court

Bombay High Court Allows Revision Petition by Tenants in Eviction Suit — Landlord's Bonafide Need Not Proved. Requirement of Suit Premises for Business of Son-in-law Not Established as Bonafide Need Under Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

9 Aug 2011

This Civil Revision Application was filed by the original defendants/tenants, Smt. Gumfabai Dattalal Jaiswal and Pramod Dattalal Jaiswal, challenging ...

High Court

Bombay High Court Allows Contempt Appeal, Sets Aside Conviction for Willful Disobedience of Court Order in Land Dispute. Appellants Held Not Guilty of Contempt as Order Was Ambiguous and Compliance Was Not Willfully Disobeyed.

22 Jul 2010

The case arises from a contempt appeal under Section 19 of the Contempt of Courts Act, 1971, filed by Tejram, Laxman, and Ramu Hazare (appellants) aga...

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