Search Results for "decree conformity"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "decree conformity"

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Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

Bombay High Court Dismisses Revision Under Section 115 CPC Due to Alternate Remedy Under Maharashtra Rent Control Act. Order rejecting plaint under Order VII Rule 11(d) CPC affects substantive rights and is revisable under Section 34(4) of the MRC Act.

23 Sep 2024

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 was filed by the applicants (defendants) challenging an ...

Supreme Court

Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

9 Jul 2024

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

Supreme Court

Supreme Court Allows Appeal in Indigent Person Case — Dismissal of Application Under Order 33 CPC Not a Bar for Filing Appeal Under Order 44 CPC. The Court held that the appellate court must conduct a fresh inquiry into the applicant's indigent status at the appellate stage under Order 44 Rule 3 CPC.

4 Jan 2019

The appellant, Sushil Thomas Abraham, filed a civil suit for recovery of Rs.74,66,107/- as an indigent person under Order 33 Rule 1 CPC, claiming inab...

High Court

Bombay High Court Sets Aside Condition of Deposit in Partition Decree Stay Order — Imposition of Monetary Condition for Stay of Preliminary Partition Decree Without Money Decree Held Unwarranted Under Order 41 Rule 1 CPC. The court held that where the decree is only for partition and separate possession, the appellate court cannot impose a condition of deposit of money while granting stay.

29 Mar 2017

The petitioner, Kisna Ganpat Sawarkar, filed a writ petition challenging an order dated 11.03.2015 passed by the lower appellate court in Regular Civi...

High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree Held Valid. The Explanation defining 'partition' as only by registered deed or court decree is not arbitrary or violative of Articles 14, 15, or 21 of the Constitution.

19 Feb 2015

The petitioners, legal representatives of the deceased original petitioner, filed a writ petition under Articles 226 and 227 of the Constitution of In...

High Court

Bombay High Court Revokes Leave Under Clause XII of Letters Patent in Suit for Specific Performance of Agreement for Sale of Land Situated Outside Jurisdiction. The court held that a suit seeking declaration of invalidity of a sale deed in respect of immovable property situated outside the court's jurisdiction is a suit for land, and leave granted under Clause XII of the Letters Patent must be revoked.

6 Jan 2015

The plaintiff filed a suit for specific performance of an agreement for sale dated 2 February 1990 executed by Dr. Ceasar M. Fernandes and others in r...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

28 Jan 2014

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

High Court

Bombay High Court Dismisses Appeal by Official Liquidator Against Summary Decree for Non-Filing of Written Statement. Failure to Raise Defence Despite Leave to Defend Granted Under Order 37 CPC Leads to Dismissal of Appeal.

24 Sep 2013

The respondent, Prabha P. Shenai, instituted a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against M/s. Crown Maritime Comp...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

4 Feb 2013

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

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