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Bombay High Court Allows Arms Licence Appeal, Quashes Cancellation Order for Lack of Speaking Reasons. The Divisional Commissioner's order dismissing the appeal under Section 18 of the Arms Act, 1959 was set aside for being cryptic and non-speaking, violating principles of natural justice.

The petitioner, Ashok s/o Dayaram Patil, was aggrieved by the judgment and order dated 27.04.2016 passed by the Divisional Commissioner, Nasik (respon...

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Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

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Bombay High Court Dismisses Appeal Seeking Enhanced Compensation in Land Acquisition Case — Market Value Fixed at Rs.25,000 per Hectare Based on Comparable Sale Instance. Claimant Failed to Prove Higher Market Value Despite Claim of Rs.50,000 per Hectare Under Section 18 of Land Acquisition Act, 1894.

The appellant, Anand Tukaram Banmare, was the owner of agricultural land bearing Survey No.362 admeasuring 2.12 H.R. at Mouza Jamb, Tahsil Samudrapur,...

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High Court of Bombay Quashes DRAT Order in SARFAESI Act Case for Exceeding Jurisdiction Under Section 18 — Bank's Possession of Secured Asset Upheld Despite Alleged Procedural Irregularities.

The case involves a dispute between IDBI Bank Ltd (Petitioner) and Aditya Logistics (I) Pvt. Ltd. and others (Respondents) concerning the enforcement ...

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Bombay High Court Allows Promoter's Appeal in RERA Case, Holding That Acceptance of Delayed Possession Without Protest Does Not Waive Right to Interest Under Section 18 of RERA. Statutory Right to Interest Under RERA Cannot Be Waived by Mere Acceptance of Possession Without a Clear Agreement.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against an order of the Maharashtra Real Estate Appellate Tribu...

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Bombay High Court Dismisses Promoter's Appeal in RERA Delayed Possession Case, Upholds Allottees' Right to Interest. Section 18 of RERA Overrides Section 55 of Contract Act; Acceptance of Delayed Possession Does Not Waive Right to Compensation.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against the judgment of the Maharashtra Real Estate Appellate T...

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Supreme Court Allows Appeal in Part and Refers Question of Law to Larger Bench in MSMED Act Dispute. Registration Under Section 8 of MSMED Act, 2006 Not a Precondition for Reference Under Section 18, but Issue Requires Authoritative Determination by Three-Judge Bench.

The Supreme Court of India heard an appeal by NBCC (India) Ltd. against the State of West Bengal and others, concerning a dispute with M/s Saket Infra...

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High Court of Karnataka Dismisses Appeals in Land Acquisition Compensation Case — Market Value Determination Upheld. Reference Court's award of Rs.162 per sq. ft. for acquired land for power grid is confirmed as no grounds for interference established.

The case involves two appeals arising from a common judgment and award dated 6.2.2016 passed by the II Additional Senior Civil Judge and JMFC, Bagalko...