Search Results for "Clause 52(5)"

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Jurisdictional Limits on State Interference in Land Rights: State of West Bengal v. Jai Hind Pvt. Ltd., Civil Appeal No. 7407 of 2012

The case arose from a dispute involving land/tenancy rights and administrative interference by State authorities in West Bengal. The High Court had se...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Quashes Chief Minister's Stay on Co-operative Bank Recruitment — Chief Minister Lacks Statutory Power Under MCS Act to Interfere in Autonomous Bank's Internal Management.

The petitioners, Chandrapur District Central Co-operative Bank Ltd. and its Chairman, challenged the order dated 29.11.2022 passed by the Chief Minist...

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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Order VII Rule 11 CPC Application in Election Petition — Application Filed After Issues Framed Held to Be Delaying Tactic. The court upheld the trial court's order imposing costs for protracting the election petition.

The petitioner, Prakash Devji More, was elected as a Councillor of the Municipal Corporation of Greater Mumbai (MCGM) on 23/02/2017. The respondent No...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Bombay High Court Upholds Scrutiny Committee's Invalidation of Halba Tribe Claim for Brothers in Service. Caste Certificate Cancellation Upheld Due to Lack of Evidence of Community Acceptance and Affinity, with Directions for Discharge and Recovery.

The petitioners, Ramesh and Vilas Majrikar, real brothers, were employed in government service based on caste certificates claiming they belong to the...