Search Results for "voluntary transfer"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "voluntary transfer"

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High Court

Bombay High Court Dismisses Husband's Appeal Against Divorce by Mutual Consent — Consent Once Given Cannot Be Unilaterally Withdrawn Without Just Cause Under Hindu Marriage Act, 1955. The court upheld the Family Court's decree of divorce by mutual consent despite the husband's subsequent withdrawal, holding that the Family Court had correctly found the consent to be free and voluntary.

6 May 2011

The appeal arose from a divorce petition filed by the wife on the ground of cruelty. During pendency, the parties executed consent terms on 6 October ...

Supreme Court

Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

9 Sep 2024

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

High Court

Bombay High Court Dismisses Application for Raising Attachment in Execution Proceedings — Transfer of Property Without Consideration Held to Be a Gift Void Against Creditors. The court refused to raise attachment on a flat where the judgment debtor had transferred her co-ownership interest without consideration, as it was a fraudulent transfer under Section 53 of the Transfer of Property Act, 1882.

21 Sep 2005

The case involves a Chamber Summons taken out by Indu Jagdish Parekh (applicant) in Execution Application No.453 of 2003 arising from Suit No.1341 of ...

High Court

Bombay High Court Dismisses Recall and Review Applications in Bank Loan Assignment Case — Consent Order Recorded on Minutes of Order Cannot Be Unilaterally Recalled. Assignment of Debt and Security by Co-operative Bank to Third Party Under OTS Upheld Despite Subsequent Objections by Liquidator and Suspended Director.

11 Mar 2025

The judgment concerns three applications seeking recall or review of an order dated 21 October 2022 passed by the Bombay High Court in Writ Petition N...

High Court

Bombay High Court Upholds Revenue in Capital Gains Tax Case on Life Interest — Release of Life Interest by Previous Holder Constitutes Gift Under Section 49(1)(ii) of Income Tax Act, 1961. Cost of Acquisition of Life Interest Deemed to Be Cost to Original Settlor, Not Nil, Resulting in Taxable Capital Gains on Sale.

10 Mar 2017

This reference under Section 256(1) of the Income Tax Act, 1961, arises from a question of law referred by the Income Tax Appellate Tribunal. The asse...

High Court

Bombay High Court Quashes ESI Recovery Against Auction Purchaser in Deemed Transfer Case — Section 93-A of ESI Act Does Not Apply to Sales by Financial Corporation Under Section 29(2) of SFC Act. Auction purchaser of property from Maharashtra State Financial Corporation is not liable for prior owner's ESI arrears as the transfer is by operation of law and not by the employer.

21 Feb 2006

The petitioner, M/s. ANK Seals, a registered partnership firm, purchased a plot of land and building (U-149 in MIDC, Nagpur) in an auction sale conduc...

High Court

Bombay High Court Allows Pension Claim of Employee Transferred from Government Institute to Government Company. Holds That Pensionary Benefits Cannot Be Denied on Ground of Transfer Without Option to Retain Government Pension Under Article 14 of the Constitution.

4 Apr 2017

The petitioner, Prakash Parshuram Mavlankar, was employed with the erstwhile Haffkine Institute, a government entity under the State of Maharashtra, f...

High Court

Bombay High Court Allows Writ Petition for Pensionary Benefits to Retired Ayurvedic College Staff. Employees who took voluntary retirement are entitled to pension and gratuity under the Maharashtra Civil Services (Pension) Rules, 1982, as the college is a government-aided institution.

19 Apr 2024

The petitioners, seven retired employees of Seth Govindji Raoji Ayurveda Mahavidyalaya (Respondent No. 4), an Ayurvedic college in Solapur, filed a wr...

High Court

Bombay High Court Dismisses Petition Challenging Industrial Court Order in Unfair Labour Practice Case — Voluntary Retirement Scheme Acceptance and Payment of Dues Barred Complaint. Acceptance of VRS Benefits Creates Estoppel Against Challenging the Scheme Under MRTU & PULP Act, 1971.

9 Aug 2016

The petitioner, Mrs. Ashalata Shridhar Tawate, joined Overseas Communications Services (OCS) in September 1975, which was later taken over by Videsh S...

High Court

Bombay High Court Sets Aside Industrial Court Stay on Promotion/Transfer Order in Newspaper Company Dispute — Transfer as Condition of Service Upheld in Absence of Malafides. Court holds that Industrial Court cannot interfere with transfer order issued in exigencies of service when transfer is an express condition of employment and no prima facie case of malafide is made out.

2 Jul 2024

The Bombay High Court dealt with a petition challenging an interim order of the Industrial Court, Thane, which temporarily restrained the petitioners ...

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