Search Results for "legal proposition"

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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 "legal proposition"

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High Court

Full Bench of Bombay High Court Considers Whether Section 24(2) of RFCTLARR Act Lapses Acquisitions Under MRTP Act — Reference to Determine Interplay Between Central and State Land Acquisition Laws. The core issue was whether acquisition proceedings initiated under Sections 125-127 of the Maharashtra Regional and Town Planning Act, 1966 fall within the lapsing provision of the 2013 Central Act.

13 Oct 2017

The matter before the Full Bench of the Bombay High Court arose from three writ petitions filed by landowners whose lands were acquired under the prov...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

8 Apr 2011

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

Gujarat High Court Quashes Trial Court Order Rejecting Amendment in Suit for Specific Performance — Amendment Sought to Add Alternative Relief of Damages Held Not to Change Nature of Suit. The court held that adding an alternative relief of damages in a suit for specific performance does not change the nature of the suit and that the due diligence requirement under Order VI Rule 17 CPC applies only after trial has commenced.

24 Mar 2026

The petitioner, original plaintiff in Regular Civil Suit No.315 of 2019 pending before the 4th Additional Civil Judge, Bharuch, filed a Special Civil ...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

Supreme Court

Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

3 Mar 2022

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

Supreme Court

Supreme Court Allows Appeal in Arbitration Petition Under Section 11 of Arbitration and Conciliation Act, 1996 - Family MoU Binding on Shareholders. The court held that a family Memorandum of Understanding containing an arbitration clause constitutes a valid arbitration agreement, enforceable under Section 11 of the Arbitration and Conciliation Act, 1996, and binding on heirs and successors.

6 Apr 2021

The appeal arose from the dismissal of a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Delhi...

High Court

Bombay High Court Upholds Legality of Search by Inspector In-Charge of Police Station Under Immoral Traffic Prevention Act. Court Rejects Challenge to Search in Second Writ Petition, Finding Senior Inspector as Special Police Officer Under Notification Dated 14 March 2005; Notes Unauthorised Search by Assistant Police Inspector in First Petition.

15 Oct 2016

The Bombay High Court heard two writ petitions filed under Article 226 of the Constitution and Section 482 of the Code of Criminal Procedure, 1973, se...

Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

High Court

Full Bench of Bombay High Court Determines Reference on Maintainability of Section 18 Reference Under Land Acquisition Act, 1894 After 2013 Act Came into Force. Key Issue Involves Whether Landowners Can Seek Enhancement Under Old Act When Award Passed After Commencement of 2013 Act.

7 Aug 2019

Background: The matter arose from a land acquisition proceeding initiated by the Pune Municipal Corporation under the Land Acquisition Act, 1894. A no...

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