Search Results for "misconceived"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "misconceived"

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High Court

Bombay High Court Allows Appointment of Arbitrator in Infrastructure Dispute Over Concession Agreement — State's Objection on Limitation Rejected as Arbitrability Question for Tribunal. The court held that the issue of limitation is a matter for the arbitrator to decide under Section 11(6) of the Arbitration and Conciliation Act, 1996, and appointed a sole arbitrator to adjudicate disputes arising from a BOT project.

19 Sep 2017

The applicant, Kakade Infrastructure Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appoin...

High Court

Bombay High Court Allows Impleadment of Purchaser in Pending Eviction Suit — Lis Pendens Does Not Bar Impleadment Under Order 1 Rule 10 CPC. Purchaser of suit property during pendency of litigation is entitled to be impleaded to protect her interest, as the principle of lis pendens under Section 52 of Transfer of Property Act, 1882 only binds the purchaser by the decree, not prohibits impleadment.

19 Sep 2017

The petitioner, Minalini Lalit Modi, purchased the suit flat from the tenant (respondent no.2) during the pendency of an eviction suit filed by the la...

High Court

Bombay High Court Quashes Notification Constituting Nagar Parishad at Nagbhid Under Section 3 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 — Petitioners Challenge Inclusion of Their Gram Panchayats in Municipal Area Without Mandatory Inquiry and Hearing.

28 Sep 2017

The petitioners, six women sarpanches of various gram panchayats in Nagbhid taluka, challenged the notification dated 11/4/2016 issued by the State of...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Foreign Award Enforcement. Court holds that under the amended Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, only the High Court having jurisdiction over the subject matter of the award can entertain interim measures, not any court where assets are located.

9 Oct 2017

The petitioner, Trammo DMCC, a company incorporated in the UAE, obtained a foreign arbitral award against the respondent, Nagarjuna Fertilizers and Ch...

High Court

Bombay High Court Allows Summary Judgment in Commercial Suit for Recovery of Loan Amount. Plaintiff entitled to decree for Rs.1.65 Crores with interest as defendant failed to raise a triable issue under Order XXXVII CPC.

31 Oct 2017

The plaintiff, Tradelink Exim (India) Pvt Ltd, filed a Commercial Suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant,...

High Court

Bombay High Court Allows Petitions Challenging Attachment Orders Under PMLA — Enforcement Directorate's Provisional Attachment Orders Set Aside for Lack of Proper Service and Non-Compliance with Section 5(1) of PMLA

6 Nov 2017

The judgment concerns six criminal writ petitions filed by various individuals and companies challenging provisional attachment orders passed by the D...

High Court

Bombay High Court Upholds Maintenance Order Under Section 125 CrPC Despite Husband's Challenge on Validity of Marriage and Lack of Representation. The court held that the Family Court's finding on the validity of marriage based on evidence of divorce was correct and that the order was not vitiated by the absence of the husband's advocate.

17 Jan 2018

The case involves a criminal revision application filed by Bhooshan Suryakant Kale (applicant/husband) challenging an order dated 23 September 2015 pa...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Execution. The Court Held That a 19-Day Gap Between Passing and Service of Detention Order Without Explanation Violates the Detenu's Right to Make a Representation Under Article 22(5) of the Constitution.

18 Jan 2018

The petitioner, Vishnu @ Bablu Vasant Gawali, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Of...

High Court

Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

9 Mar 2018

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...

High Court

Bombay High Court Dismisses Writ Petition Challenging Exemption from Unearned Income Payment for Agricultural Land Transfers Under Maharashtra Tenancy Act. Transfer of land by tenants who became owners under the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 is governed by Section 57 of that Act, not by Government Resolution dated 08.09.1983.

28 Mar 2018

The petitioner, Dilip Ghorpade, filed a writ petition challenging the order of the Minister dated 03.07.2004, which held that respondent Nos. 1 & 2 we...

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