Search Results for "discretionary orders"

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Search Results for "discretionary orders"

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High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child in International Parental Abduction Case. Court holds that habeas corpus is not maintainable when custody is with lawful guardian and child's welfare requires stability.

30 Jan 2020

The petitioner, Khaled Kamal Hussein Mohamed Kassem, an Egyptian national, filed a habeas corpus petition seeking the production and custody of his mi...

High Court

Bombay High Court Upholds Striking Off Defence for Non-Payment of Maintenance in Family Court Proceedings. Failure to Pay Interim Maintenance Under Section 18 of Hindu Adoption & Maintenance Act, 1956 Justifies Striking Off Defence Under Order 39 Rule 11 CPC.

7 Mar 2012

The petitioner-husband and respondent-wife married on 3.5.1983. Marital discord led to multiple proceedings: the wife filed for divorce under Section ...

High Court

Bombay High Court Dismisses Petition to Restrain Bank Guarantees in Construction Contract Dispute. Court holds that invocation of bank guarantees cannot be injuncted except in cases of fraud or irretrievable injustice, and no such case was made out.

2 Apr 2019

The petitioner, Ahluwalia Contracts (India) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reli...

High Court

Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

21 Dec 2019

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

High Court

Bombay High Court Dismisses Writ Petition Challenging Mundkar Declaration Under Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. Court upholds concurrent findings that petitioners failed to prove construction of house before the appointed date of 20/08/1971.

5 Dec 2019

The petitioners, Akrur Raya Gaonkar and Yamini Akrur Gaonkar, filed a writ petition under Article 227 of the Constitution of India challenging the ord...

High Court

Bombay High Court Dismisses Petition Challenging Trial Court Order Refusing Deletion of Parties in Suit for Declaration and Injunction — Misjoinder of Parties and Causes of Action Not Established. The court held that the presence of defendants 6 to 8 was necessary for complete adjudication of the dispute relating to partnership property and family settlement under Order I Rule 10 CPC.

25 Oct 2013

The petitioners, defendants 1 to 4 in Special Civil Suit No. 2 of 2012, filed a writ petition challenging the trial court's order dated 18 April 2012,...

High Court

Bombay High Court Cancels Bail Granted Under Section 437(6) CrPC for Non-Completion of Trial Within 60 Days of Charge Framing. The court held that the Magistrate failed to consider the prosecution's application for further investigation under Section 173(8) CrPC, which justified the delay in trial.

13 Nov 2006

The applicant, UT Worldwide India Pvt. Ltd., filed five criminal applications seeking cancellation of bail granted to respondent no. 2 (the accused) b...

High Court

Bombay High Court Quashes State Government's Cancellation of Slum Rehabilitation Project Approval — Violation of Natural Justice and Lack of Hearing. Government's order cancelling Letter of Intent and earlier approvals under Maharashtra Slum Areas Act set aside as petitioner was not given opportunity of hearing before cancellation.

12 Mar 2015

The petitioner, Lashkaria Construction Pvt. Ltd. and its director, challenged an order dated 24 April 2012 passed by the State Government of Maharasht...

High Court

Bombay High Court Dismisses Employer's Petition Seeking Mandatory Deposit of VRS Benefits by Workmen Under MRTU & PULP Act. No Condition Precedent for Deposit Exists Under Section 28 of MRTU & PULP Act for Challenging Voluntary Retirement Scheme.

8 Dec 2015

The petitioner, Saint Gobain Sekurit India Ltd., filed two writ petitions challenging the maintainability of complaints filed by respondent workmen un...

High Court

Bombay High Court Dismisses Workmen's Petitions Challenging Labour Court's Refusal of Interim Relief in Unfair Labour Practice Complaints. Petitioners Failed to Establish Prima Facie Case of Victimization Under MRTU & PULP Act, 1971.

17 Sep 2016

The judgment pertains to a group of writ petitions filed by workmen (original complainants) against SKF India Ltd and its General Manager (HR), challe...

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