Search Results for "substantial breach"

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Search Results for "substantial breach"

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High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Disturbed. Agreement for Sale Contained Contradictory Clauses Regarding Time for Performance, and Plaintiff Failed to Prove Readiness and Willingness.

12 Feb 2024

The appellant (plaintiff) filed a Second Appeal against the concurrent dismissal of his suit for specific performance of an agreement for sale of a pl...

High Court

High Court of Bombay at Goa Dismisses Revenue Appeals and Allows Assessee Appeals in Customs and Excise Classification Dispute. Classification of goods under Customs Tariff and Central Excise Tariff determined based on technical literature and expert opinion, rejecting revenue's reclassification.

22 Aug 2019

The judgment involves multiple appeals filed by the Commissioner of Customs & Central Excise and by M/s Twenty First Century Wire Rods Ltd. The core i...

High Court

Gujarat High Court Allows Second Appeal in Service Dispute, Sets Aside Back-Wages Award for Exceeding Pleadings. Appellate Court Erred in Granting Back-Wages Without Claim and Without Considering Jurisdiction of Civil Court Under Section 100 CPC.

28 Jan 2026

The case involves a Second Appeal filed by Amreli Nagarpalika and another against Ashwinbhai Shantilal Goradia, challenging the judgment and decree of...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Disallowance Under Section 40(a)(ia) Not Applicable When TDS Deducted and Paid Before Due Date of Filing Return Under Section 139(1). The court upheld the ITAT's order deleting disallowance, holding that the proviso to Section 40(a)(ia) allows deduction if TDS is paid before the due date under Section 139(1).

28 Feb 2014

The case involves three appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appel...

High Court

Bombay High Court Examines Legality of Maharashtra Electricity Regulatory Commission’s Distribution Open Access Regulations. Challenge Concerns Alleged Jurisdictional Overreach Curtailing Consumers’ Right to Access Power Exchange Under the Electricity Act, 2003.

30 Oct 2015

The provided text is an incomplete extract of a judgment from the Bombay High Court in a set of writ petitions (WP Nos. 2694/2014, 2318/2014, 2294/201...

High Court

Bombay High Court Considers Validity of Departmental Inquiry Against Headmaster Under MEPS Rules, 1981. Alleged Procedural Violations Including Defective Inquiry Committee and Denial of Statement of Allegations Examined.

21 Dec 2006

The petitioner, a Headmaster of a private school governed by the MEPS Act and Rules, challenged his termination following a departmental inquiry. The ...

High Court

Bombay High Court Dismisses Revision Applications Challenging Rejection of Plaint Return in Suit for Specific Performance. Court holds that valuation of suit for purposes of jurisdiction is determined by the market value of the property, not the consideration amount, and that the trial court's finding on valuation is a finding of fact not liable to interference in revision.

23 Jan 2023

The judgment arises from two Civil Revision Applications challenging a common order dated 22.04.2022 passed by the learned Joint Civil Judge, Senior D...

High Court

Bombay High Court Quashes Customs Order-in-Original for Violation of Natural Justice — Petitioner Denied Cross-Examination Opportunity Under Section 138B of Customs Act, 1962. The court held that denial of cross-examination vitiates the proceedings and remitted the matter for fresh adjudication.

5 Dec 2023

The petitioner, Shri Bipin Badani, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the o...

High Court

Bombay High Court Quashes Customs Order-in-Original for Violation of Natural Justice — Petitioner Denied Opportunity to Cross-Examine Witnesses Under Section 138B of Customs Act, 1962. The court held that breach of natural justice renders the order invalid and remitted the matter for fresh adjudication.

5 Dec 2023

The petitioner, Shri Bipin Badani, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an or...

High Court

Bombay High Court Dismisses Writ Petitions Challenging DRT Orders Under SARFAESI Act — Petitioner Failed to Show Jurisdictional Error or Violation of Natural Justice. The court held that the petitioner had an alternative remedy of appeal under Section 18 of the SARFAESI Act, 2002, and no exceptional grounds were made out for interference under Article 226.

30 Nov -0001

The petitioner, Phoenix ARC Private Limited, a company registered under the Companies Act, 1956, acting as a trust, filed two writ petitions under Art...

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