Search Results for "equitable principle"

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Bombay High Court Allows Hospital to Set Up Oxygen Generation Plant in Municipal Garden During COVID-19 Pandemic. Public Interest in Saving Lives Overrides Municipal Objection to Use of Public Garden for Life-Saving Facility.

The petitioner, Viveka Super Specialty Hospital & Research Centre Private Limited, filed a writ petition seeking permission to set up an oxygen genera...

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Bombay High Court Dismisses Writ Petition Challenging CESTAT Order Rejecting Recall of Fraud Finding in CENVAT Credit Case. Court holds that CESTAT's finding of mis-statement and fraud was not a reviewable error and that the Tribunal had inherent power to impose costs for abuse of process.

The petitioner, Essel Propack Limited, a company engaged in manufacturing plastic tubes, filed a writ petition under Article 226 of the Constitution o...

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Bombay High Court Quashes Provisional Attachment Order in PMLA Case for Lack of Scheduled Offence. Attachment of properties under Section 5(1) of Prevention of Money Laundering Act, 2002 set aside as predicate offence was not a scheduled offence under PMLA.

The petitioners, Sunlight Housing Development Pvt. Ltd., Mukesh Doshi, Kaushal Doshi, and Mack Star Marketing Pvt. Ltd., filed writ petitions challeng...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit, Upholds 1/3rd Share to Plaintiff. Daughter of Predeceased Daughter Entitled to Share Under Hindu Succession Act, 1956.

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the concurrent judgment and decree of ...

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Bombay High Court Dismisses Section 9 Petition in International Commercial Arbitration with Foreign Seat. Court holds that Part I of Arbitration Act, 1996 does not apply where seat of arbitration is outside India, and no interim relief can be granted under Section 9.

The petitioner, BG Strategic Advisors, LLC, a Florida corporation, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, see...

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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.

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