Search Results for "restraining appointment"

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Bombay High Court Grants Interim Injunction Restraining Co-operative Housing Society from Appointing Another Developer in Redevelopment Dispute. Letters exchanged between developer and society held to constitute a binding contract for redevelopment, and termination letter declared illegal.

The plaintiff, Pittie Antariksh Grl Pvt Ltd, a real estate company, filed a suit seeking declaration that letters dated 30/8/2021 and 23/10/2021 const...

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Bombay High Court Allows Writ Petition of Ad Hoc Teacher Seeking Approval and Salary - Management's Failure to Submit Proposal for Approval Violates Teacher's Rights Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The Petitioner, Priti Rakesh Patil, was initially appointed as a full-time Chemistry Teacher on an ad hoc basis in the unaided division of the 4th Res...

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Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Bank Guarantee Dispute. Court upholds restraint on encashment of bank guarantee subject to deposit of amount, finding no perversity in the Tribunal's order under Section 37 of the Arbitration and Conciliation Act, 1996.

The petitioner, Mahaguj Collieries Limited, filed two arbitration petitions under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

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Bombay High Court Considers Writ Petitions Challenging Family Court’s Refusal to Appoint Commissioner for Partition of Matrimonial Property and Denial of Injunction Against Husband’s Entry. Issues Involve Interpretation of Joint Ownership and Rights Under Hindu Marriage Act, 1955.

The dispute arose from a marital discord between Sumit Vijay Kumar (husband) and Shraddha Gupta (wife), both working professionals married in 2011. Th...

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Bombay High Court Quashes Appointment of Court Commissioner for Evidence Collection in Civil Suit — Appointment for Collecting Evidence Held Impermissible Under Order XXVI Rule 9 CPC.

The case involves a writ petition filed by the defendants (petitioners) challenging an order of the 8th Joint Civil Judge, Junior Division, Karad, dat...

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Bombay High Court Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Bank Guarantee Dispute. The court held that the Debt Recovery Tribunal has jurisdiction to entertain claims for recovery of amounts due under bank guarantees, and the petitioner's challenge was without merit.

The petitioner, Gammon India Limited, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 28th September 2...

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Bombay High Court Dismisses Suit for Declaration of Trusteeship in Breach Candy Swimming Bath Trust Dispute. Court holds that plaintiffs failed to prove valid appointment as trustees and that the suit was barred by limitation and lacked cause of action.

The plaintiffs, nine individuals, filed a suit in the Bombay High Court seeking a declaration that they are trustees of the Breach Candy Swimming Bath...