Search Results for "reference under Section 113 CPC"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "reference under Section 113 CPC"

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Supreme Court

Supreme Court Directs Implementation of Second National Judicial Pay Commission Recommendations for District Judiciary — Upholds Uniform Pay, Pension, and Service Conditions as Essential for Judicial Independence. The Court held that financial security and economic independence of judicial officers are part of the basic structure of the Constitution, and directed uniform pay revision with a multiplier of 2.81 and pension at 50% of last drawn pay.

19 May 2023

The Supreme Court, in a writ petition filed by the All India Judges Association, addressed the implementation of the Second National Judicial Pay Comm...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

Bombay High Court Grants Interim Injunction in Trademark and Copyright Infringement Suit Over Soybean Oil Labels — Deceptive Similarity Established Despite Minor Variations. The court held that the defendant's label for soybean oil was deceptively similar to the plaintiff's registered label mark and artistic work, and granted an interim injunction under the Trade Marks Act, 1999 and the Copyright Act, 1957.

9 Mar 2021

The plaintiff, Sanjay Soya Private Limited, filed a suit for trademark and copyright infringement against the defendant, Narayani Trading Company, all...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Declaration and Possession as Barred by Limitation in Property Dispute Between Mother and Son. Court holds that Article 58 of the Limitation Act, 1963 applies, and limitation runs from the date of knowledge of the defendant's adverse claim, not from the date of refusal to vacate.

22 Feb 2017

The plaintiff, Chetan Navnitlal Shah, filed a suit against his mother, Fizza Navnitlal Shah, seeking a declaration that he was the sole owner of a fla...

High Court

Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

22 Feb 2017

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

High Court

High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction Under Section 9. Court Holds That Part of Cause of Action Arising in Goa Confers Jurisdiction on Goa Courts.

4 May 2016

The appellants, M/s. Nivaran Solutions and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an or...

High Court

High Court of Karnataka Dismisses Tenant's Second Appeal in Eviction Suit — Concurrent Findings of Default in Payment of Rent and Subletting Upheld. Section 100 CPC Appeal Fails as No Substantial Question of Law Arises.

8 Oct 2015

The appellant, Abdul Hamed, was the first defendant in Original Suit No. 144/2008 filed by the respondents (plaintiffs) before the Principal Civil Jud...

High Court

Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

18 Oct 2013

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

High Court

Bombay High Court Allows Interest on Delayed Payment of Labour Court Award Under Section 33-C(2) of Industrial Disputes Act, 1947 — Interest Act, 1978 and Article 226 of Constitution Invoked to Prevent Miscarriage of Justice.

4 Feb 2010

The petitioner, Mrs. Prabhavati Ramgarib B., filed a writ petition under Article 226 of the Constitution of India challenging the order of the Central...

High Court

Bombay High Court Allows Interest on Delayed Payment of Labour Court Award Under Section 33-C(2) of Industrial Disputes Act, 1947. Labour Court has power to award interest for period between date of award and actual payment to prevent miscarriage of justice.

4 Feb 2010

The petitioner, Mrs. Prabhavati Ramgarib B., filed a writ petition challenging the order of the Central Government Industrial Tribunal and Labour Cour...

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