Search Results for "binding over"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

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High Court

High Court of Judicature at Bombay Dismisses Appeals by Bank in Securitisation Act Case Regarding Maintainability of Civil Suits — The Court Examines Whether Plaints Against Bank Are Barred Under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

26 Oct 2018

The litigation arose from a batch of five civil suits filed by several plaintiffs against M/s. Orbit Corporation Ltd. and Axis Bank Limited, concernin...

Supreme Court

Supreme Court Allows Appeals of Flat Buyers Against Developer for Delayed Possession, Holds Unilateral Compensation Clause Unfair. Developer's stipulation of Rs 5 per sq ft per month as liquidated damages for delay held inadequate and unconscionable; flat buyers entitled to compensation at 6% per annum on amounts paid.

24 Aug 2020

The case involves appeals by 171 flat buyers against the dismissal of their consumer complaint by the National Consumer Disputes Redressal Commission ...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance and Injunction Against Cooperative Housing Society and Members — No Agreement of Sale Established, Suit Barred by Limitation. The court held that the plaintiff failed to prove any valid agreement for sale of flats, and the suit was time-barred under Article 54 of the Limitation Act, 1963.

10 Nov 2014

The plaintiff, Vardhaman Developers Limited, filed a suit for specific performance of an alleged oral agreement for sale of flats in a cooperative hou...

High Court

Bombay High Court Hears Notice of Motion for Interim Eviction of Non-Cooperating Members in Housing Society Redevelopment. The Court examines the Society's plea under the Maharashtra Co-operative Societies Act, 1960 for mandatory orders against members who refuse to vacate despite a majority resolution.

28 Jul 2017

Background: The matter arises from a suit filed by Vikram Delite Co-operative Housing Society Ltd., a cooperative housing society registered under the...

High Court

Bombay High Court Dismisses Second Appeals in Property Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court held that no substantial question of law arose as the trial court and first appellate court had concurrently found that the suit property was joint family property and that the plaintiff had proved his share.

30 Dec 2020

The case involves four second appeals arising from a partition suit filed by the original plaintiff, Satchidanand S. S. Kacodkar (since deceased, repr...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Specific Performance of Agreement/MoU and Deed of Assignment Due to Lack of Privity of Contract and Non-Compliance with Stamp Act. The court held that a third party cannot enforce a contract to which it is not a party, and that unregistered and insufficiently stamped documents cannot be admitted in evidence.

6 May 2016

The plaintiff, Excel Enterprises, a partnership firm, filed a suit seeking a declaration that there is a valid and binding Agreement/MoU dated 28th Se...

High Court

Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

23 Jun 2017

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

High Court

High Court of Karnataka Quashes Prosecution Sanction Against Former Lokayuktha in Corruption Case — Sanction Order Held Invalid for Non-Application of Mind and Lack of Independent Consideration by Governor. The court held that the Governor's sanction under Section 19 of Prevention of Corruption Act, 1988 must reflect independent application of mind, and a mechanical endorsement of the investigating agency's proposal renders the sanction invalid, vitiating the entire prosecution.

22 Nov 2016

The petitioner, Dr. Y. Bhaskar Rao, a former Karnataka State Lokayuktha, was arraigned as accused no.7 in Spl.CC 429/2015 for offences under the Preve...

High Court

High Court of Bombay Considers Application for Rejection of Plaint in Suit Alleging Unauthorized Alienation of Joint Family Property by Father. Limitation Period Under Section 109 of Limitation Act, 1963 Raised as Defence.

17 Oct 2025

The matter arises from an Interim Application filed by Defendant No.1, Mantri Building Condominium, seeking rejection of the plaint under Order VII Ru...

High Court

Bombay High Court Upholds Specific Performance Decree Based on Oral Agreement — Concurrent Findings of Fact Not Interfered With in Second Appeal. Oral Agreement for Sale of Immovable Property Proved by Evidence; Written Document Dated 31.12.1973 Did Not Supersede Earlier Oral Agreement.

3 Nov 2025

The case involves a second appeal filed by the defendants challenging concurrent judgments and decrees passed for specific performance of an agreement...

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