Search Results for "appeal under Section 154"

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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

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High Court of Bombay Decides Surviving Issue on Interpretation of Government Notification in Land Reservation Dispute. The Court Examines Whether Lessee Entitled to Non-Cash Compensation Under 2004 Notification for Release of Reserved Land for Development.

The writ petition was filed by Mafatlal Industries Limited and its officer seeking directions to enforce a Government Notification dated 10-02-2004 th...

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High Court of Judicature at Bombay Quashes Direction to Expedite Extradition as Beyond Bail Jurisdiction. Court Finds Additional Sessions Judge Lacked Inherent Power to Order Return of Accused Under Extradition Act, 1962.

The applicant, the first informant in a criminal case, filed a criminal application before the High Court of Judicature at Bombay under Sections 482 a...

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High Court Frames Substantial Questions of Law in Second Appeal Involving Exclusive Right to Perform Puja in Privately Owned Temple. Appeal Raises Issues on Admissibility of Old Documents Under Section 90 of Indian Evidence Act and Bar of Suit Under Bombay Hindu Places of Public Worship Act, 1956.

Background: The litigation arose from a dispute between two Hindu communities, the Badaves (plaintiffs) and the Lingayats (defendants), over the right...

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Bombay High Court Upholds Disqualification of Directors in Cooperative Society Vehicle Misuse Case Under Section 78(1) of Maharashtra Cooperative Societies Act, 1960. Petitioners failed to prove vehicle use for society work, burden of proof not discharged.

The case involves four writ petitions filed by directors of a cooperative society challenging orders passed by the Divisional Joint Registrar under Se...

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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High Court of Karnataka Dismisses Appeal Challenging Rejection of Application Under Section 20 of NIA Act — Transfer of Case to Sessions Court Not Warranted as Investigation by State Police Was Valid and NIA Investigation Not Mandatory.

The case originated from Crime No.11 of 2015 registered by Pulakeshinagar Police Station, Bengaluru, against three accused persons for offences under ...

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Supreme Court Allows Appeal in Arbitration Case by Restoring Arbitral Award. High Court's Setting Aside of Award Under Section 37(1)(c) of Arbitration and Conciliation Act, 1996 Found Erroneous as It Exceeded Scope of Judicial Review.

The Supreme Court of India heard a civil appeal arising from a dispute between PSA Sical Terminals Pvt. Ltd., the appellant, and The Board of Trustees...