Search Results for "ouster clause"

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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 "ouster clause"

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High Court

High Court of Karnataka Quashes Eviction Orders Passed by Competent Officer Under Waqf Act for Lack of Jurisdiction and Violation of Natural Justice. The Competent Officer under Section 54 of the Waqf Act, 1995 has no jurisdiction to evict tenants; such disputes must be adjudicated by civil courts or the Waqf Tribunal.

1 Oct 2021

The case involves a batch of writ petitions filed by tenants of shops in Rifah Complex, Mysuru, which is owned by the Muslim Boys Orphanage, a waqf in...

High Court

Bombay High Court Dismisses Writ Petition Challenging Reversion from Contractual Higher Post to Substantive Lower Post. Officer holding substantive lower post cannot claim right to continue in higher contractual post after expiry of fixed tenure, as contractual appointment does not amount to promotion.

19 Apr 2023

The petitioner, Umesh V. Pawar, was initially appointed as a Junior Engineer (Civil) with M/s. Haffkine Bio-Pharmaceutical Corporation Ltd., a governm...

High Court

Bombay High Court Allows Appeal in Lease Dispute Over Temporary Injunction — Prima Facie Case and Irreparable Injury Established. Lease Deed from 1974 Not Terminated, Appellant's Possession and Business Operations Protected.

23 Jul 2018

The appellant, Shri Rajaram M. Caisukar, filed an appeal against an order dated 24/11/2015 passed by the learned Adhoc District Judge, Panaji, dismiss...

Supreme Court

Supreme Court Upholds Seniority of Regularized Ad Hoc Employees in Service Law Dispute Based on Binding Judgment Principle. The Court affirmed that a final judgment on seniority binds the parties involved, protecting their rights even if later overruled, under Rule 9 of the Punjab Civil Secretariat (State Service Class III) Rules 1976 and constitutional writ jurisdiction.

28 Sep 2021

The dispute originated from the appointment of clerks in the Punjab Civil Secretariat on an ad hoc basis in 1975-1976, who were regularized in 1977 un...

High Court

Bombay High Court Dismisses Appeal Against Summary Judgment in Commercial Contract Dispute. Exclusive Jurisdiction Clause in Purchase Order Held Inapplicable as No Cause of Action Arose at Stipulated Venue.

1 Apr 2013

The respondent, Shell Life Sciences Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the appellant, Aglowm...

High Court

Bombay High Court Allows Application to Reject Suit Due to Arbitration Clause in Commercial Summary Suit. Dispute Referred to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996.

13 Dec 2023

The Plaintiff, M/s Railsys Engineers Private Ltd., filed a commercial summary suit against the Defendants, Overseas Infrastructure Alliance Pvt. Ltd. ...

High Court

Bombay High Court Allows Appeal, Declares Civil Court Decrees Nullity in Matrimonial Maintenance Case Due to Lack of Jurisdiction Under Family Courts Act, 1984. Jurisdictional bar under Sections 7 and 8 of Family Courts Act, 1984 renders civil court decrees void ab initio in maintenance proceedings under Hindu Adoption and Maintenance Act, 1956.

2 Nov 2018

The case involves a second appeal by Ravindra Sukhdev Ghadge against the judgment and decree of the Civil Judge Senior Division, Aurangabad, and the D...

High Court

Bombay High Court Dismisses Petitions Challenging Eviction Decree in Rent Act Case — Concurrent Findings of Default in Payment of Rent and Subletting Not Interfered With Under Article 227. The court upheld the eviction decree under Section 15(1) of the Maharashtra Rent Control Act, 1999, based on concurrent findings of default and subletting.

23 Mar 2021

The petitioners, Tanzeem Shakil Ahmed Siddiqui and Nausheen Shakil Ahmed Siddiqui, filed two writ petitions under Article 227 of the Constitution of I...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Banking Investment Dispute - Failure of Respondent to Nominate Arbitrator Triggers Court's Power Under Section 11(6) of Arbitration and Conciliation Act, 1996. The court appointed a sole arbitrator to adjudicate disputes arising out of an Agreement dated 18th April, 2018 and Deed of Guarantee dated 18th April, 2018, as the respondent failed to nominate an arbitrator.

17 Jul 2023

The applicant, Kotak Mahindra Bank Ltd., a public company and banking company, filed an application under Section 11(6) of the Arbitration and Concili...

High Court

Bombay High Court Allows Appeal Against City Civil Court's Order Holding Lack of Jurisdiction in Suit for Declaration of Joint Entitlement to Slum Rehabilitation Premises. The court remanded the matter for fresh consideration on jurisdiction, emphasizing that the issue must be decided based on pleadings and the nature of the suit.

9 Apr 2013

The appellant, Ashok B. Nigudkar, filed a suit in the City Civil Court, Mumbai seeking a declaration that he was jointly entitled along with the defen...

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