Search Results for "Delay Condone"

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

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Bombay High Court Dismisses Writ Petition Seeking Compensation for Land Acquired in 1983 Due to Delay and Laches. Petitioner's claim for compensation after 36 years held barred by delay and laches as no explanation for inaction was provided.

The petitioner, Kiritkumar B. Shah, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the resp...

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Bombay High Court Allows Restoration of RERA Appeals Dismissed for Non-Filing of Hard Copies. Procedural Compliance Must Not Override Substantial Justice Under Section 58 of RERA Act.

The judgment arises from three second appeals filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) by Kailash P...

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Bombay High Court Dismisses BSNL's Appeal Against Enhanced Compensation in Land Acquisition Case. Reference Court's award of Rs.40 per sq ft for acquired land upheld as market value based on sale instances and location.

The case pertains to an appeal filed by Bharat Sanchar Nigam Ltd. (BSNL), the acquiring body, against the judgment of the Reference Court in L.A.C. No...

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Bombay High Court Dismisses Appeal Against Trust Property Sale, Upholds Trial Court's Refusal to Set Aside Auction. Suit for setting aside sale of trust property without prior permission under Section 51 of Maharashtra Public Trusts Act, 1950 is not maintainable.

The appellants, who were trustees of the Maheshwari Seva Trust, filed a suit seeking to set aside a sale of trust property that had been conducted by ...

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Bombay High Court Dismisses Delay Condonation Application in Maintenance Case Under Section 125 CrPC — Interim Maintenance of Rs. 1600 per month Upheld. Applicant failed to explain 133-day delay in challenging Family Court order granting maintenance to wife and minor son.

The applicant, Malanbee Mohammed Sharif Khan, filed a delay condonation application seeking to condone a 133-day delay in challenging an order dated 2...