Search Results for "writ petition common order"

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Search Results for "writ petition common order"

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High Court

High Court Dismisses Writ Appeal in Cooperative Society Dispute, Upholds Single Judge's Order Directing Joint Registrar to Decide Application on Merits. Frivolous and prolonged litigation erodes faith in justice delivery system.

28 Jun 2024

The appellant, Sri G. Krishnamurthy, had been involved in a long-standing dispute with the MICO Associates Housing Cooperative Society Ltd. The appell...

Supreme Court

Supreme Court Dismisses Appeals Against High Court Orders Declaring Abatement and Rejecting Substitution in Second Appeal. Non-Substitution of Legal Heir of Co-Appellant Results in Whole Appeal Abating Where Decree is Joint and Indivisible, and Delay Condonation Denied as No Sufficient Cause Shown Under Order XXII CPC and Limitation Act.

1 Jan 1970

The dispute arose from a civil suit for declaration, recovery of possession, and mesne profits regarding a house. The plaintiff claimed exclusive titl...

High Court

Bombay High Court Clarifies Revisionary Powers Under Section 154 of Maharashtra Co-operative Societies Act — Concurrent Jurisdiction and Single Exercise of Power. The court held that Section 154(1) does not confer concurrent jurisdiction on the Registrar and State Government, and the revisional power can be exercised only once.

21 Apr 2011

The Bombay High Court, in a common judgment, addressed two sets of questions of law referred by a learned single Judge concerning Section 154 of the M...

High Court

Bombay High Court Dismisses Trade Union's Petition Challenging Transfer of Employees - Transfer Order Not Shown to Be Mala Fide or Unfair Labour Practice Under MRTU and PULP Act. The court held that the union failed to establish a prima facie case for interim relief under Section 30(2) of the MRTU and PULP Act, 1971, as the transfer was a routine management decision.

15 Mar 2016

The petitioner, Engineering Workers Association, a registered trade union, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Plaint in Real Estate Dispute — RERA Bar Under Section 79 Applies to Civil Suits for Possession and Damages. The court held that a civil suit for possession and damages against a developer is barred by Section 79 of the Real Estate (Regulation and Development) Act, 2016, as the dispute falls within the purview of the Real Estate Regulatory Authority.

20 Dec 2024

The case involves a dispute between M/s H.M. Infra Tech Pvt. Ltd. (formerly a partnership firm) and the H.M. Tamborine Apartments Owners Association a...

High Court

High Court of Karnataka Allows Husband's Petition to Set Aside Ex-Parte Order in Divorce Case, Dismisses Wife's Petition for Certiorari. Family Court's Order Restoring Petition to File and Directing Fresh Notice Upheld as Proper Exercise of Discretion Under Order 9 Rule 13 CPC.

29 Nov 2024

The case involves two writ petitions arising from matrimonial proceedings between Mr. Harmeet Singh (husband) and Mrs. Juliet Kukreja (wife) in G and ...

High Court

Bombay High Court Examines Interim Application in Election Petition Concerning Alleged False Declaration of Second Spouse in Form 26. The Court Considered Whether the Petition Disclosed a Cause of Action Under Sections 100(1)(b), 100(1)(d)(i), and 100(1)(d)(iv) Read with Section 123(4) of Representation of People Act, 1951, Alleging Violation of Rule 4A of Conduct of Election Rules, 1961.

23 Jun 2025

The matter before the Bombay High Court involved an election petition filed by a voter challenging the election of the returned candidate from 130-Pal...

High Court

High Court of Judicature at Bombay Directs State Government to Expedite Land Allotment for New High Court Complex in PIL on Court Infrastructure. Need for Adequate Judicial Infrastructure Recognized as Fundamental to Rule of Law; State Obligated to Provide Suitable Premises.

22 Jan 2019

This Public Interest Litigation was filed by an advocate practicing at the Bombay High Court, seeking a writ of mandamus directing the State Governmen...

High Court

Bombay High Court Dismisses Petition to Prevent Proforma Defendants from Leading Evidence in Eviction Suit — Interest Not Adverse Does Not Bar Evidence. The court held that the right to lead evidence is not dependent on the nature of interest but on the court's discretion and the necessity for just adjudication under the Presidency Small Causes Courts Act, 1882.

10 May 2024

The petition challenges an order of the Small Causes Court at Mumbai rejecting the plaintiffs' application to prevent certain defendants (Defendant No...

High Court

Bombay High Court Quashes Corrigendum to Deemed Conveyance Orders in Co-operative Housing Society Dispute — Rectification After Five Years Held Barred by Limitation and Beyond Power to Correct Clerical Errors. The Court held that the Competent Authority under Section 5A of the Maharashtra Ownership Flats Act, 1963 cannot modify substantive rights through a corrigendum after the order has been acted upon, and the application for rectification filed after five years is barred by limitation.

29 Jul 2024

The Petitioner, Prem Villa Co-operative Housing Society Ltd., challenged a Common Corrigendum/Order dated 14.01.2020 issued by the District Deputy Reg...

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