Search Results for "onerous conditions"

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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 "onerous conditions"

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High Court

Bombay High Court Dismisses Challenge to Cancellation of Dharavi Redevelopment Tender and Upholds Fresh Tender Process. The court held that the State's decision to cancel the earlier tender and re-tender was a policy decision based on changed circumstances and not arbitrary, and that the petitioner had no vested right to the award of the contract.

20 Dec 2024

The petitioner, SecLink Technologies Corporation, a company incorporated in Seychelles and lead member of a consortium, challenged the cancellation of...

Supreme Court

Supreme Court Grants Bail to Foreign National in Fake Currency and UAP Act Case — Long Incarceration Without Trial Progress Warrants Release. Prolonged detention of over nine years without significant trial progress violates right to speedy trial under Article 21 of the Constitution, outweighing the risk of absconding by a foreign national.

3 Jul 2024

The appellant, Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari, a Nepalese national, was arrested on 23.02.2015 after fake Indian currency notes wor...

High Court

Bombay High Court Quashes SRA Acquisition Notice for Church Land, Upholds Owner's Preferential Right to Redevelop Slum. The Court held that the owner of slum land has a preferential right to redevelop the land under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, and the Slum Rehabilitation Authority cannot acquire the land for a private developer without considering the owner's proposal.

11 Jun 2024

The petitioner, a public trust managing Mount Mary's Church in Bandra, Mumbai, owned land admeasuring 9371.30 sq. meters, out of which 1596.40 sq. met...

High Court

Bombay High Court Allows Appointment of Arbitrator in Railway Contract Dispute Despite Non-Compliance with Pre-Arbitration Notice Period. The court held that the respondent's failure to respond to the notice and its conduct constituted waiver of the 30-day notice requirement under Clause 64(3)(b)(ii) of the Indian Railways Standard General Conditions of Contract.

3 Apr 2024

The applicant, S. N. Naik & Brothers, a proprietary concern, entered into a contract with the Union of India (respondent) on 23.09.2019 for constructi...

High Court

Bombay High Court Allows Petition Challenging Conditions in Deemed Conveyance Certificate for Cooperative Housing Society. Conditions requiring payment of additional premium and submission of no-objection certificate from developer held ultra vires the Maharashtra Ownership of Flats Act, 1963.

6 Oct 2023

The petitioner, Royal Accord Avenue Co-operative Housing Society Ltd., challenged two specific conditions in an order/certificate granting Deemed Conv...

High Court

Bombay High Court Quashes Municipal Corporation's Demand for Transfer Fees and Unilateral Imposition of Fresh Lease Terms. Lease Renewal Must Be on Existing Terms Unless Mutually Agreed, and Transfer of Leasehold Interest Does Not Attract Transfer Fees Without Specific Statutory Provision.

5 Aug 2022

The petitioners, ten individuals and a company, filed a writ petition under Article 226 of the Constitution of India challenging the actions of the Na...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

High Court

Bombay High Court Quashes Onerous Bail Conditions in Commercial Dispute Case — Directs Defreezing of Bank Account. Court held that imposing condition of depositing Rs.59 crore for bail in a case arising from a commercial transaction is unreasonable and violative of Article 21 of the Constitution.

10 Nov 2017

The petitioners, Vyomesh Shah, Kiran Contractor, and Suhass Dumbre, filed a writ petition under Article 226 of the Constitution of India before the Bo...

High Court

Bombay High Court Upholds Railway Board's Catering Licensing Policy — License Fee and Gross Sales Share Not Arbitrary. The policy requiring licensees to pay a share of gross sales is a valid contractual term and does not violate Article 14 or Article 19(1)(g) of the Constitution.

8 Jan 2016

The petitioners, various catering associations and individual licensees, challenged the Railway Board's policy dated 1st April 2013 and subsequent cir...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Trust Property — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Charitable Trust Land Requires Sanction Under Section 36 of Maharashtra Public Trusts Act, 1950; Time Was Not of Essence but Plaintiff's Conduct Showed Lack of Readiness.

4 Mar 2015

The plaintiff, Bastion Constructions, a partnership firm engaged in building and development, filed a suit for specific performance of an agreement fo...

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