Search Results for "relief against forfeiture"

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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 "relief against forfeiture"

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Supreme Court

Supreme Court Allows Appeal in Arbitration Dispute Over Building Agreement — Penalty Clause Upheld as Genuine Pre-Estimate of Damages. Court holds that Clause 7 penalty @ ₹10,000 per day for delay is not a secondary obligation but a genuine pre-estimate of damages, and forfeiture of earnest money under Clause 13 is permissible only if no other damages are awarded.

1 Jan 2026

The dispute arose from an agreement dated 09.04.2010 between the owners (Bhupesh Bhayana and Kiran Bhayana) and the builder (Vinod Seth, now represent...

Supreme Court

Supreme Court Upholds Convictions Under Prevention of Food Adulteration Act, Denies Probation to Adult Offenders. Section 20AA of PoFA Act, which excludes application of Probation of Offenders Act and Section 360 CrPC for offenders above 18, is constitutional and does not violate Articles 14, 21, or 20(1) of the Constitution.

15 Jul 2025

The Supreme Court dismissed two criminal appeals arising from convictions under the Prevention of Food Adulteration Act, 1954 (PoFA Act). In the lead ...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Rejects Trial Court's Dismissal of Temporary Injunction. Agreement of Sale for Rs.10.75 Crore with Rs.5 Crore Advance — Prima Facie Case and Balance of Convenience in Favor of Plaintiff-Appellant.

23 Nov 2024

The appellant, M/s. Sanjeevini Developers and others, filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Interim Injunction Granted to Protect Possession Pending Trial. Agreement of Sale for Rs.10.75 Crore with Part Payment of Rs.3.25 Crore — Trial Court Erred in Rejecting Injunction Without Considering Prima Facie Case and Balance of Convenience.

23 Nov 2024

The appeal arises from an order dated 01.06.2022 passed by the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, rejecting I.A.N...

High Court

Karnataka High Court Dismisses State's Appeal Against Single Judge Order Directing Conveyance of Land to Auction Purchaser. State's Arbitrary Denial of Land to Highest Bidder in Public Auction Violates Article 14 of Constitution.

28 May 2024

The State of Karnataka and the Deputy Commissioner, Bangalore Urban District, filed a writ appeal under Section 4 of the Karnataka High Court Act, 196...

High Court

Bombay High Court Allows Refund of EMD in Tender Dispute - Petitioner Entitled to Full Refund of Earnest Money Deposit as Forfeiture Without Specific Clause is Unjust Enrichment. The Court directed refund of balance 10% EMD of Rs.12 lakhs as retention without contractual basis is impermissible.

22 Jun 2023

The Petitioner, M/s. API Civilcon Private Limited, filed a Writ Petition seeking a writ of mandamus against the Municipal Corporation of Greater Mumba...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Rent Control and Municipal Demolition Case, Upholding Tenant's Statutory Protection and Damages Award. The Court affirmed that statutory protection under the Karnataka Rent Control Act, 1961 overrides municipal demolition powers under the Karnataka Municipal Corporations Act, 1976, and that the tenant's suit for damages was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908.

14 Sep 2021

The dispute originated from the demolition of a rented building by the Bangalore City Corporation, leading to litigation between the tenant and the la...

High Court

Bombay High Court Allows Writ Petition Challenging Denial of Gratuity Under Payment of Gratuity Act, 1972 — Misconduct of Issuing Lesser Denomination Tickets Does Not Constitute 'Theft, Fraud or Dishonesty' Under Section 4(6)(b).

27 Jan 2020

The petitioner, Vasant B. Bhujbal, was employed as a conductor with the respondent-corporation (a State Transport undertaking) from May 1968. On 29 Au...

High Court

Bombay High Court Upholds Validity of Section 376(b) and (c) CrPC in Cheque Dishonour Case — No Unconstitutionality Found. Petitioners convicted under Section 138 r/w 141 Negotiable Instruments Act, 1881 challenged the constitutional validity of provisions relating to appeal against acquittal, but court held them intra vires.

24 Jul 2013

The petitioners, directors and a company, were convicted by the Metropolitan Magistrate on 26 July 2011 for offences under Section 138 read with Secti...

High Court

Bombay High Court Allows Tenant's Petition in Eviction Suit Dismissed for Non-Prosecution. Dismissal of Suit for Possession Does Not Convert Tenant into Trespasser; Tenant Continues as Tenant.

22 Sep 2006

The petitioners, who were tenants of a shop premises, were sued by the respondents (landlords) for possession and mesne profits. The trial court dismi...

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