Search Results for "plaintiff's assertion"

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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...
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Search Results for "plaintiff's assertion"

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High Court

Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award on Limitation Grounds. Court Holds That the Arbitrator's Finding on Limitation Was Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

21 Sep 2018

The appeal arises from an order of a learned Single Judge of the Bombay High Court setting aside an arbitral award under Section 34 of the Arbitration...

Supreme Court

Supreme Court Allows Appellant in Civil Appeal Against High Court's Interference Under Article 227 Constitution of India - High Court's order setting aside trial court's decision to set aside ex parte decree was quashed as unjustified interference in discretionary order under Order IX Rule 13 CPC.

11 Jan 2022

The dispute arose from a civil suit for recovery of money filed by the respondent against the appellant. The appellant contested the suit, but during ...

Supreme Court

Supreme Court Allows Appeal in Cooperative Housing Society Dispute Over Plot Allotment — Sale Deed Executed Despite Interim Injunction Upheld as Valid. Deemed Membership Claim Under Section 22(1) of Maharashtra Cooperative Societies Act, 1960 Rejected as Disputant Failed to Prove Payment of Admission Fee and Share Money.

1 Jan 2019

The dispute arose from a cooperative housing society registered under the Maharashtra Cooperative Societies Act, 1960. The first respondent, Sujata Ta...

High Court

Bombay High Court Grants Interim Relief to Licensors in Leave and Licence Disputes Under Section 9 of Arbitration and Conciliation Act, 1996. Court holds that termination of licence agreements and recovery of possession are arbitrable disputes warranting interim protection to prevent irretrievable injustice.

20 Aug 2022

The judgment concerns three arbitration petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996, by licensors seeking interim me...

High Court

Bombay High Court Partially Sets Aside Arbitral Interim Award in Property Dispute — Challenge Under Section 34 of Arbitration Act Allowed on Grounds of Patent Illegality and Violation of Natural Justice. The court held that the arbitrator's computation of amounts and interest under clause 9 of the Permanent Alternate Accommodation Agreements was patently illegal and contrary to the terms of the contract.

23 Aug 2022

The petitioners, Dhiraj Lakhamashi Shah and another, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an in...

High Court

Bombay High Court Dismisses Application for Perjury Proceedings in Civil Suit Dispute. Alleged False Affidavit and Fabricated Documents Not Material to Main Issue, No Prima Facie Case Under Section 340 CrPC.

30 Oct 2012

The present civil application was filed by CTR Manufacturing Industries Limited (the applicant) in a disposed of appeal from order arising out of Spec...

High Court

Bombay High Court Upholds Return of Plaint in Suit for Injunction Relating to Open Land — Small Causes Court Has Exclusive Jurisdiction Under Presidency Small Cause Courts Act, 1882. The suit for injunction regarding open land used for water tap and underground cable was held to be exclusively triable by the Small Causes Court under Section 41 of the Presidency Small Cause Courts Act, 1882, as the land was appurtenant to a building.

31 Jan 2005

The appellant, Rambaran Mayashankar Tiwari, carrying on business as Bhole Shankar Flour Mill, filed a suit in the City Civil Court at Bombay seeking a...

High Court

Bombay High Court Dismisses ONGC's Challenge to Arbitral Award Rejecting Claim as Time-Barred. Claim for pre-project expenses under MOU held barred by limitation as expenditure incurred prior to April 2001 and claim raised after three years.

9 Jan 2013

The Petitioner, Oil and Natural Gas Corporation Limited (ONGC), challenged an arbitral award dated 12 November 2009 passed by the Arbitral Tribunal co...

High Court

Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

24 Dec 2025

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

High Court

High Court of Bombay Allows Second Appeal in Possession Suit Based on Sale Deed — Burden of Proof on Plaintiff to Show Absence of Undue Influence When Fiduciary Relationship Exists. The court set aside the decree of the lower appellate court and remanded the matter for fresh consideration, holding that the plaintiff, being in a fiduciary relationship with the deceased illiterate vendor, had the onus to prove that the sale deed was not obtained by undue influence or fraud under Section 16 of the Indian Contract Act, 1872 and Section 111 of the Indian Evidence Act, 1872.

11 Jun 2015

The case involves a second appeal arising from a suit for possession of property based on a registered sale deed dated 04.07.1983 executed by Smt. Bha...

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