Search Results for "Waiver and Consent"

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Bombay High Court Dismisses Landowner's Writ Petition Against Bank's Claim Over Land Acquisition Compensation Due to Charge on Acquired Land. Bank's Charge on Land Under Acquisition Made It an Interested Person Eligible to Claim Apportionment of Compensation Under Section 30 of Land Acquisition Act, 1894.

The petitioner, Damu Patil, owned agricultural land in Dhule, which was acquired for the Lower Tapi Project under the Land Acquisition Act, 1894, and ...

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Bombay High Court Upholds Arbitral Award in Loan Recovery Dispute — Time Limit for Award Held Directory. Petitioner's Objection to Arbitrator's Jurisdiction Waived Due to Participation Without Timely Objection.

The petitioner, B.K. Gopakumar, a film producer, entered into a loan agreement dated 10 November 1992 with the respondent, National Film Development C...

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Supreme Court Grants Divorce on Irretrievable Breakdown of Marriage in Matrimonial Dispute — Husband Directed to Pay Rs. 25 Lakh Alimony. Court exercises Article 142 powers to sever marital ties after 25 years of separation and acrimonious litigation, with condition of lump sum payment to wife.

The Supreme Court disposed of two appeals arising from matrimonial disputes between Gudivada Seshagiri Rao (husband) and Gudivada Ashalatha (wife). Th...

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Madras High Court Sets Aside EPF Damages Against Liquidated Cooperative Society Due to Lack of Registrar's Leave Under Tamil Nadu Cooperative Societies Act. Section 141 Bar Precludes Proceedings Without Prior Leave; EPF Authority Directed to File Claims Before Liquidator.

The case involves a writ appeal against a Single Judge's order that restored the levy of damages under the Employees' Provident Funds and Miscellaneou...

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Bombay High Court Dismisses Writ Petition Challenging Tribunal Order in Service Matter Due to Inordinate Delay and Laches. Petitioner's claim for correction of promotion date after 21 years held to be stale and not maintainable.

The petitioner, a retired customs officer, filed a writ petition challenging the order of the Central Administrative Tribunal dismissing his Original ...

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High Court of Karnataka Quashes Trial Court Order Rejecting Agreement of Sale in Specific Performance Suit — Document Admissible Without Formal Proof Under Section 294 CrPC. Objection to admissibility of document must be raised at time of marking; failure to object results in waiver.

The petitioners (plaintiffs) filed a suit for specific performance of an agreement of sale against the respondents (defendants). During trial, the pla...

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Bombay High Court Allows Writ Petition Challenging Detention of Betelnut Imports Under Customs Act. Goods classified as 'Menthol Scented Sweet Supari' held not liable to detention for want of valid import license under the Plant Quarantine Order, 2003.

The petitioner, Neena Uppal, a sole proprietress of M/s Neena Enterprises, imported betelnuts (Menthol Scented Sweet Supari) and filed bills of entry ...

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Bombay High Court Sets Aside Arbitral Award Due to Arbitrator Disqualification in Multi-State Cooperative Dispute. Failure to Disclose Bias and Withdrawal from Similar Matters Constitutes Grounds for Setting Aside Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, The Saraswat Cooperative Bank Ltd., filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, chal...

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Bombay High Court Allows Customs Appeal Without Pre-deposit in Classification Dispute — Tribunal's Discretion Must Be Exercised Consistently. Pre-deposit direction set aside as Tribunal failed to follow its own earlier order on identical issue under Section 129E of Customs Act, 1962.

The appellant, Videocon Industries Ltd., a manufacturer of LCD TVs, had been regularly importing Liquid Crystal Device – Thin Film Transistor Module...