Search Results for "Vague Averments"

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Dismisses Municipal Corporation's Petitions Challenging Rejection of Delay Condonation in Property Tax Appeals — Upholds District Judge's Finding of No Sufficient Cause for 6-Year Delay Under Section 411 of Maharashtra Municipal Corporation Act

The Municipal Corporation of Thane filed seven writ petitions challenging a common judgment dated 1 July 1999 by the 4th Additional District Judge, Th...

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Bombay High Court Quashes Demolition Notice Against Tenants in Municipal Corporation Dispute — Notice Issued Without Hearing Tenants Violates Principles of Natural Justice. Section 264(1) of Maharashtra Municipal Corporations Act, 1949 Requires Notice to Occupants Before Demolition.

The petitioners, who are tenants of various shops in a building owned by the respondent no. 3 (since deceased), challenged a notice dated 05.03.2021 i...

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Bombay High Court Dismisses Appeal Against Rejection of Condonation of Delay in Filing Section 34 Application Under Arbitration Act. Delay of 30 Days Beyond Three-Month Period Not Condonable as Per Section 34(3) Proviso.

The appellant, Nagrik Sahakari Rugnalaya and Research Center Limited, a cooperative society, challenged an arbitral award dated 10.11.2021 passed by t...

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Bombay High Court Allows Petition by Employer Challenging Labour Court Award of Reinstatement with Full Back Wages. Termination of Employee Held to be Voluntary Resignation Based on Relieving Letter and Absence of Coercion.

The petitioners, M/s. S.K.International (a partnership firm) and its partner Chirag Kenia, challenged an Award dated 12 July 2022 passed by the Labour...

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Bombay High Court Upholds Interim Injunction Against Demolition of Suit Structure in Municipal Corporation Dispute. Court Restrains Corporation from Demolishing Alleged Unauthorised Construction Pending Suit, Holding That Prima Facie Case and Balance of Convenience Favour Plaintiffs.

The case involves two appeals filed by the Municipal Corporation of Greater Mumbai (defendant no.1) and M/s. Chhaya Construction Company (defendant no...

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Bombay High Court Dismisses Petitioners' Writ Petitions Seeking Revival of Land Acquisition References Due to Inordinate Delay and Laches. Petitioners failed to appear before the Reference Court for over a decade, leading to dismissal of references under Section 18 of the Land Acquisition Act, 1894.

The petitioners filed writ petitions challenging orders of the Civil Judge Senior Division, Omerga, dismissing their Land Acquisition References (LARs...