Search Results for "mandatory obligation"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "mandatory obligation"

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Supreme Court

Supreme Court Considers Appeal Against High Court Judgment Dismissing Challenge to Arbitral Award in Bill Discounting Dispute — Contractual Interest Rate of 36% Per Annum with Monthly Rests Upheld. High Court's Upholding of Arbitral Award on Interest Rate Based on Mutual Agreement Between Commercial Parties and Not Opposed to Public Policy.

1 Jan 1970

The dispute arose from a bill discounting facility extended by the respondent to a seller (BDDL) and buyer (appellant) of goods. The appellant and BDD...

Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

Supreme Court

Supreme Court Directs Comprehensive Accessibility Compliance for Persons with Disabilities in Public Spaces - Emphasizes Social Model of Disability and Two-Pronged Approach to Accessibility. The Court reaffirmed accessibility as a fundamental right and directed amendment of Rule 15 of the RPWD Rules to align with Section 40 of the RPWD Act.

13 Dec 2024

This judgment arises from a writ petition filed in 2005 by Rajive Raturi, a visually challenged person, seeking directions to ensure meaningful access...

Supreme Court

Supreme Court Allows State Appeal in Prevention of Corruption Act Case, Reinstating FIR Quashed by High Court. Preliminary Enquiry Not Mandatory Under Section 17 When Superintendent of Police Orders Investigation Based on Detailed Source Report Disclosing Cognizable Offence.

8 Apr 2025

The State of Karnataka appealed against the Karnataka High Court's order quashing proceedings against a public servant for offences under the Preventi...

High Court

High Court of Judicature at Bombay Dismisses Writ Petition by Tenants in Tenancy Dispute — Section 32F(1) of Bombay Tenancy and Agricultural Lands Act Mandates Tenant to Give Intimation Within One Year of Widow Landlady's Death; Failure to Do So Extinguishes Right to Purchase. Landlady's earlier exercise of right under Section 31(1) to resume land for personal cultivation does not dispense with the statutory requirement of notice under Section 32F(1), and non-compliance results in loss of tenancy right and possession reverting to landlord under Section 32P.

3 Jun 2019

The dispute arose from a tenancy over agricultural land in Satara district. The petitioners were tenants in possession since the tillers' day, and the...

High Court

Bombay High Court Allows Petitioner to Redeem Mortgage in Co-operative Bank Recovery Proceeding — Auction Sale Set Aside Due to Non-Compliance with Section 101 of Maharashtra Co-operative Societies Act, 1960. Court held that the bank failed to follow the mandatory procedure under the Act and the recovery certificate was not properly executed, entitling the petitioner to redeem the property by paying the outstanding dues.

20 Jul 2006

The petitioner, Niranjan D. Woody, owned a plot of land in Santacruz with a building containing a residential flat and eight tenants. He availed an ov...

High Court

High Court of Karnataka Partly Allows Appeals for Enhancement of Compensation in Motor Vehicle Accident Deaths of Minors, Lays Down Guidelines for Just Compensation. Court Holds That Parents Are Entitled to Compensation Based on Notional Income of Deceased Minor Child, Applying Second Schedule Multipliers and Adding Future Prospects.

12 Sep 2024

The appeals arose from two motor vehicle accidents involving minor children. In MFA 11440/2011, a 14-year-old boy died when the motorcycle he was ridi...

High Court

Bombay High Court Upholds Arbitral Award in Joint Venture Dispute — State Not Liable for Delay in Obtaining Approvals. The court held that the State Government did not breach the Joint Venture Agreement by failing to obtain necessary approvals within a reasonable time, as the agreement did not impose an absolute obligation on the State.

11 May 2012

The appellant, Carol Info Services Limited, entered into a Joint Venture Agreement with the State of Maharashtra to establish a super specialty hospit...

Tribunals

NCLAT Clarifies Certified Copy Requirement for Filing Appeal Under Section 61 of IBC, 2016. The court held that an uncertified copy can be filed, but limitation runs from receipt of certified copy.

30 Nov -0001

This judgment arises from a reference made to a single member bench of the National Company Law Appellate Tribunal (NCLAT) at Chennai due to a dissent...

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...

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