Search Results for "alternative remedies"

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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

Bombay High Court Allows Writ Petition Challenging Reassessment Notice Issued to Dead Person Under Section 148 of Income Tax Act, 1961 — Notice and Reassessment Order Void Ab Initio. Legal Heir's Participation Under Protest Does Not Cure Jurisdictional Defect.

13 Jul 2023

The petitioner, Shri Devendra S/o Vasudeo Jambhulkar, is the son and legal heir of late Vasudeo Damduji Jambhulkar, who was an income tax assessee wit...

High Court

Bombay High Court Upholds Specific Performance of Agreement for Sale in Favor of Flat Purchaser Against Developer and Subsequent Purchasers. Agreement for Sale dated 6th March 1980 declared valid and binding, subsequent agreement dated 4th April 1988 declared bogus and invalid.

28 Jan 2022

The case involves a dispute over the specific performance of an agreement for sale of a flat. The flat purchaser, Dr. Arun Subrao Prabhu, entered into...

High Court

High Court of Bombay at Nagpur Dismisses Writ Petitions by Maharashtra State Warehousing Corporation Against Co-operative Bank and Borrowers in Recovery Proceedings Under SARFAESI Act — Petitions Challenging Auction Sale and Possession Found Premature as Statutory Remedies Under Section 17 Not Exhausted.

8 Jul 2022

The judgment pertains to three writ petitions filed by the Maharashtra State Warehousing Corporation (the petitioner) challenging the actions of the P...

High Court

Bombay High Court Dismisses State's Appeal in MVAT Case — Tribunal's Liberal Interpretation of Section 23(5) Upheld for Concessional Tax Rate on C Forms. The court held that the Tribunal was justified in allowing the respondent's claim for concessional rate of tax under Section 23(5) of the MVAT Act, 2002, even though the claim was not part of the original assessment order.

8 Sep 2022

The State of Maharashtra filed an appeal under Section 27 of the Maharashtra Value Added Tax Act, 2002 (MVAT Act) challenging the judgment of the Maha...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Children from Mother in Cross-Border Dispute. Court holds that habeas corpus is not maintainable when children are in lawful custody of their mother and custody issues are pending before foreign court.

18 Nov 2022

The petitioner, Deepak Malani, filed a writ of habeas corpus before the Bombay High Court seeking production of his two minor children, Tiana (aged 8)...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Octroi Refund Claim for Delay and Lack of Proper Documentation. Petitioner failed to comply with procedural requirements under Section 194(2) of the Mumbai Municipal Corporation Act, 1888 for claiming refund of octroi paid on imported goods.

21 Dec 2022

The Petitioner, Hyprecision Hydraulik, entered into a contract with the Indian Navy on 15 July 2015 for repair, refit, and service of spare parts. A w...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Interim Payment of Fees and Injunction in Arbitration Dispute Over Architectural Services. Court holds that Section 9 of the Arbitration and Conciliation Act, 1996 cannot be used to enforce payment of disputed fees without a final adjudication, and that an injunction against termination or redevelopment would be inequitable.

8 Dec 2022

The petitioners, a partnership firm and its partner engaged in architectural services, filed a petition under Section 9 of the Arbitration and Concili...

High Court

Bombay High Court Allows Arbitration Petition in Redevelopment Dispute — Dissenting Member Cannot Obstruct Majority Decision for Dilapidated Building. Court Appoints Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 to Resolve Dispute Between Developer, Society, and Dissenting Member.

12 Mar 2021

The Bombay High Court dealt with an arbitration petition filed by Chirag Infra Projects Pvt Ltd, the developer, against Vijay Jwala Cooperative Housin...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. The court upheld the trial and appellate courts' decisions that the plaintiffs were co-owners of the suit property and that the sale deed executed by the defendants was void for lack of consideration and non-compliance with legal requirements.

3 Mar 2020

The case involves a second appeal filed by the appellants (defendants 15 and 16 in the original suit) against the judgment and decree of the first app...

High Court

Bombay High Court Dismisses Appeal Against Temporary Injunction in Trademark Infringement and Passing Off Case. Trial Court's Discretion Upheld as Not Arbitrary or Perverse.

9 Oct 2020

The appeal arises from an order of the trial court granting a temporary injunction in favor of the respondent/plaintiff, M/s Mysore Deep Perfumery Hou...

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