Search Results for "1982"

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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...
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Search Results for "1982"

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High Court

Bombay High Court Dismisses Second Appeal in Mortgage and Tenancy Dispute — Mortgagee's Claim of Tenancy Rights Not Established. The court held that a rent note executed by some co-owners is not binding on other co-owners, and the mortgagee's possession after redemption period cannot be converted into tenancy without consent of all co-owners.

16 Aug 2005

The appellant, Mhamulal Husen Momin, filed a second appeal against the judgment of the 5th Additional District Judge, Kolhapur, which confirmed the tr...

High Court

Bombay High Court Dismisses Suit for Recovery of Transportation Charges in Cotton Import Dispute. Plaintiff failed to prove liability of defendant for transportation charges on imported cotton bales.

26 Aug 2005

The plaintiff, Hindustan Spinning & Weaving Mills Limited, filed a suit against the defendant, Cotton Corporation of India Limited, for recovery of Rs...

High Court

Bombay High Court Allows Revision Petition in Income Tax Refund Interest Calculation Case — Held that Section 214 Amendment Applies to Pending Proceedings and Assessing Officer Must Recompute Interest. The court directed the assessing officer to recompute interest under Section 214 of the Income Tax Act, 1961, while giving effect to the appellate order.

13 Dec 2005

The petitioner, M/s Ultramarine & Pigments Ltd., filed a writ petition challenging the order dated 30th January 1992 passed by the Commissioner of Inc...

High Court

Bombay High Court Dismisses Union of India's Petition Against Eviction Order in Rent Dispute — Tenant's Failure to Pay Permitted Increase Under Section 12(2) of Bombay Rent Act Leads to Eviction.

1 Dec 2005

The Union of India, as tenant of a property purchased by the respondents (landlords) via registered sale deed dated 3/11/1982, was served a notice dat...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Agreement to Sell Despite Non-Payment of Balance Consideration. Court Holds That Time Was Not of Essence in Absence of Express Stipulation and That Possession Delivered Under Agreement Constitutes Part Performance.

16 Dec 2005

The dispute arose out of an agreement to sell dated 1st June 1978 executed by the original defendant No.2 (since deceased, represented by appellants) ...

High Court

Bombay High Court Partially Allows Appeal Against Demolition Notice Under Section 351 of MMC Act, 1888 — Terrace Room Protected But Three Sheds Not Entitled to Injunction. The court held that balance of convenience and prima facie case did not favour protecting the three sheds from demolition.

7 Feb 2005

The appellant, Abhinandan Commercial Centre Pvt. Ltd., filed an appeal against an order of the City Civil Court dated 13th January 2005, which partly ...

High Court

Bombay High Court Dismisses Railway's Appeal in Fatal Accident Claim — Negligence Proved by Circumstantial Evidence and Res Ipsa Loquitur. Compensation of Rs.50,000 awarded under Fatal Accidents Act, 1855 upheld as just and reasonable.

15 Feb 2005

The case arises from a fatal accident on 5.1.1982 between Currey Road and Parel railway stations, resulting in the death of Ashokkumar, husband of res...

High Court

Bombay High Court Allows Writ Petition for Enforcement of Continuing Guarantee Against State Government — Limitation Bar Rejected as Guarantee Subsists Until Full Payment. Continuing Guarantee Clause 6 of Deed Dated 5th June 1982 Remains Operative Until All Moneys Paid, Hence Claim Not Barred by Limitation.

1 Feb 2005

The petitioner, Maharashtra State Co-op. Bank Ltd., stood as guarantor for a loan advanced to Swami Vivekanand Kaku Tel Sahakari Karkhana Limited. The...

High Court

Bombay High Court Dismisses Lecturer's Petition for Seniority and Permanent Status in 10+2+3 System Reorganization. Petitioner's claim for retrospective seniority and permanency from 1974 rejected as he was not appointed against a sanctioned post and his service in junior college was not a transfer but a fresh appointment.

17 Feb 2005

The petitioner, Professor Pervez H. Lentin, filed a writ petition in the Bombay High Court seeking a writ of mandamus directing the respondents to gra...

High Court

Bombay High Court Allows Landlord's Mesne Profits Application Under Order XX Rule 10 CPC Despite Delay — No Limitation Period Prescribed for Such Application. The court held that an application for mesne profits under Order XX Rule 10 CPC is a step in execution and not governed by the Limitation Act, 1963.

12 Jul 2005

The petitioner-landlord, Ishwar Daya Kevalram Agarwal, obtained a decree for possession against the respondent-tenant, Madhukar Shankar Prabhane, on 2...

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