Search Results for "technical plea"

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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 "technical plea"

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High Court

Bombay High Court Dismisses Petition Challenging Execution Order in Redemption Suit — Execution Court Has Power to Decide Nullity Objection. Decree Passed by Competent Court Is Not a Nullity and Execution Can Proceed.

11 Mar 2019

The petitioner, original defendant No. 2 in a suit for redemption, challenged an order dated 17 August 2018 passed by the Civil Judge Junior Division,...

High Court

Bombay High Court Dismisses Review Petition in Specific Performance Suit — No Error Apparent on Record Under Order 47 Rule 1 CPC. Promoter of Proposed Cooperative Society Held to Have Locus Standi to Sue for Specific Performance Despite Society Being Unregistered.

18 Mar 2019

The case arises from a suit for specific performance of an agreement for sale dated 12 August 1981. The plaintiff, Respondent No.1, as chief promoter ...

High Court

Bombay High Court Dismisses Tenants' Revision in Eviction Suit Based on Bona Fide Requirement — Concurrent Findings of Courts Below Upheld. Subsequent Induction of New Tenant in Adjacent Shop Not Relevant as It Was Not Part of Suit Property.

6 Sep 2019

The case involves a suit for eviction filed by the owners (plaintiffs) against the tenants (defendants) in respect of two shops, on the ground of bona...

High Court

Bombay High Court Upholds Dismissal of Employee for Unauthorized Absence Despite Guilty Plea and Medical Claims. Employer's Disciplinary Action Upheld as Enquiry Was Fair and Employee Admitted Absence Voluntarily.

10 Mar 2005

The respondent, Premchand, joined Indian Airlines Ltd. as an Airconditioning technician on 18th March 1983 and was later confirmed. On 23rd June 2000,...

High Court

Bombay High Court Allows Wife's Appeal in Marriage Validity Dispute — Holds That Conversion to Hinduism Before Marriage Can Be Inferred from Conduct and That Family Court Has Jurisdiction Under Hindu Marriage Act, 1955. The court found that the wife had converted to Hinduism before marriage, making the marriage valid, and remanded the case for hearing on merits.

25 Nov 2005

The case involves an appeal by the wife, Smt. Madhavi Ramesh Dudani, against a common judgment and order dated 29th June 2004 passed by the Family Cou...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging MCGM Notice Under Section 354A of MMC Act — Suit Held Not Maintainable Due to Bar of Section 527 of MMC Act and Availability of Alternative Remedy Under Section 354A(3). The court held that the civil court's jurisdiction is barred when a statute provides a complete mechanism for redressal.

9 Oct 2013

The appellant, M/s. Akash Impex, a registered partnership firm, acquired suit property Gala No.24/25, CTS No. 240-C at Khetani Industrial Estate, Kurl...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

30 Nov -0001

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...

High Court

Bombay High Court Dismisses Suit for Specific Performance Due to Bar Under Order 2 Rule 2(3) CPC — Plaintiff Omitted to Sue for Relief in Previous Suit on Same Cause of Action Without Leave. The court held that the cause of action in both suits was identical, arising from the same term-sheet agreement, and the plaintiff's failure to seek specific performance in the earlier suit without leave barred the subsequent suit.

19 Aug 2014

The plaintiff, Govind B. Bajaj, filed Suit No. 186 of 2013 in the Bombay High Court seeking specific performance of a term-sheet agreement for joint d...

High Court

Bombay High Court Grants Leave to Trustees to Prosecute Eviction Suit Despite Court Receiver's Appointment — Leave Held Not Required for Period When Receiver Was Not in Possession. The Court held that since the Court Receiver was never in actual possession of the suit flat, the Applicants did not require leave to continue the RAE Suit under Section 80 CPC.

16 Jun 2015

The Applicants, as Trustees under an Indenture of Trust dated 6th October 1937, are the owners and landlords of a building known as 'Dhun Abad' at 106...

High Court

High Court Dismisses Petition Challenging Arbitral Tribunal's Jurisdictional Ruling in Contract Dispute — Novation of Contracts and Non-Assignment of Arbitration Agreement. The court held that the original contracts were novated by subsequent agreements, and the arbitration clause did not pass to the petitioner by merger, thus the tribunal lacked jurisdiction.

20 Jul 2016

The petitioner, DLF Power Limited (now Eastern India Powertech Limited), filed a petition under Section 37 of the Arbitration and Conciliation Act, 19...

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