Search Results for "buyer's default"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "buyer's default"

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High Court

Bombay High Court Grants Default Bail to Accused in Economic Offence Case Due to Non-Completion of Investigation Within 60 Days. Indefeasible right to default bail under Section 167(2) Cr.P.C. accrued as charge-sheet not filed within statutory period.

18 Oct 2023

The applicants, Kashinath Pandurang Jadhav, Parth Kashinath Jadhav, and Vikas Kishan Gaikwad, were arrested on 5 July 2023 in connection with FIR No. ...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

Bombay High Court Allows Section 11 Arbitration Application Despite Pending Insolvency Petition Under IBC. Mere filing of a Section 7 IBC petition does not bar appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

25 Apr 2022

The applicant, Jasani Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

High Court

Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

25 Jun 2021

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

Supreme Court

Supreme Court Dismisses Appeal of Booth Allottee for Persistent Default in Payment - Resumption Order Confirmed. Rank defaulter not entitled to relief despite multiple opportunities; Article 142 cannot protect unscrupulous buyer who paid only 25% of sale consideration and defaulted for 23 years.

21 Feb 2019

The Supreme Court dismissed the appeal filed by Rajiv Vohra against the State of Haryana and others, confirming the resumption order passed by the Est...

Supreme Court

Supreme Court Allows Financier's Appeal in Consumer Dispute Over Hire-Purchase Repossession — Held That Financier Is Not a 'Service Provider' Under Consumer Protection Act, 1986 for Repossession of Vehicle on Default. The court ruled that repossession of a vehicle under a hire-purchase agreement after default is a contractual right and not a deficiency in service.

1 Jan 2019

The appeal arose from a consumer dispute where the respondent, Rajesh Kumar Tiwari, had entered into a hire-purchase agreement with the appellant, M/s...

High Court

Bombay High Court Allows Appeal Against Admission of Winding Up Petition in Vandana Global Limited v. IL & FS Financial Services Limited — Disputed Debt and Bona Fide Defence. The court held that a winding up petition should not be admitted when the debt is bona fide disputed and the defence is substantial, requiring dismissal of the petition.

12 Mar 2018

The appeal arose from an order dated 5 January 2018 passed by the learned Single Judge in Company Petition No.923 of 2015, whereby the petition filed ...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Transaction Charges. Transaction charges paid to stock exchanges are not fees for technical services under Section 194J of the Income Tax Act, 1961, as stock exchanges perform regulatory and administrative functions.

21 Oct 2011

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) regarding the assessment y...

High Court

Bombay High Court Allows Writ Petition Challenging Injunction Against Bank Guarantee Encashment — Appellate Court's Order Set Aside for Failure to Establish Fraud or Special Equities. The court held that an injunction against bank guarantee can only be granted in exceptional circumstances of fraud or special equities, and the appellate court erred in granting such relief without proper findings.

23 Jun 2005

The petitioner, Man Industries India Ltd., challenged the order of the 6th Adhoc Additional District Judge, Pune, in Miscellaneous Appeal No.150 of 20...

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