Search Results for "Disposal"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

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High Court

Bombay High Court Allows Condonation of Delay in Filing Vakalatnama in Summary Suit — Defendant's Delay of 282 Days Condoned Subject to Costs of Rs. 25,000/-. The Court held that the delay was not intentional and the Defendant had a valid defence, thus condoned the delay in the interest of justice.

13 Dec 2023

The case involves a Chamber Summons filed by the Defendant, Marianella Properties Pvt. Ltd., in a Commercial Summary Suit filed by the Plaintiff, Swas...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Restore Appeal Dismissed for Breach of Undertaking. Undertaking given to court not to create third party rights in suit property is binding and its breach justifies dismissal of appeal.

31 Jan 2022

The appellant, Shivaji Fakira Bhambare, was the defendant in Special Civil Suit No.41 of 2004 filed by the respondent, Dashrath Baburao Naik, seeking ...

High Court

Bombay High Court Holds That Power Under Section 60 of Maharashtra Police Act, 1951 Is Quasi-Judicial and Requires Speaking Orders. The appellate authority must assign reasons while disposing of appeals under Section 60 of the Maharashtra Police Act, 1951.

21 Apr 2022

The case arose from a reference made by a Division Bench of the Bombay High Court (Coram: Nitin Jamdar & Sarang V. Kotwal, JJ.) which did not agree wi...

High Court

Bombay High Court Allows Writ Petition Challenging Trial Court Orders on Amendment of Written Statement and Rejection of Additional Written Statement in Civil Suits. Court holds that amendments to written statement seeking to incorporate subsequent events and additional written statement filed before issues are framed must be allowed liberally to avoid multiplicity of proceedings.

17 May 2022

The petitioners, Nitin Sitaram Waghmare and Subhadra Sitaram Waghmare, filed a writ petition under Article 227 of the Constitution of India challengin...

High Court

Bombay High Court Quashes Extension of Bio-Medical Waste Management Contract Without Competitive Bidding. Municipal Corporation's 5-year extension to incumbent contractor held illegal for bypassing tender process under Maharashtra Municipal Corporations Act, 1949.

11 Aug 2022

The petitioner, Shri Tirupati Waste Management, a partnership firm, challenged the decision of the Ahmednagar Municipal Corporation (respondent No. 2)...

High Court

Bombay High Court Dismisses Insurer's Writ Petition Against Insurance Ombudsman Award in Life Insurance Claim. Non-Disclosure of Pre-Existing Ailments Not Proven to be Material Under Section 45 of Insurance Act, 1938.

18 Aug 2022

The petitioner, Aditya Birla Sun Life Insurance Co. Ltd., challenged an award dated 31 December 2020 passed by the Insurance Ombudsman, Goa/Mumbai Met...

High Court

Bombay High Court Allows Appeals by Appellant in Arbitration Enforcement Dispute — Objections Under Section 34 of Arbitration Act Held Time-Barred Despite COVID-19 Extension Orders. Court rules that the suo motu extension of limitation by the Supreme Court during COVID-19 did not apply to the period for filing objections under Section 34(3) of the Arbitration and Conciliation Act, 1996, as the limitation is prescribed under the Arbitration Act itself.

26 Aug 2022

The case involves appeals by Walter Bau AG, a German company, against the Municipal Corporation of Greater Mumbai (MCGM) concerning the enforcement of...

High Court

Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

22 Sep 2022

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

High Court

Bombay High Court Allows Customs Appeal Against CESTAT Order for Provisional Release of Seized iPhones. Ownership Dispute Precludes Release Under Section 110A of Customs Act, 1962.

8 Sep 2022

The Commissioner of Customs (Import), Mumbai, appealed against an order dated 23 June 2022 passed by the Customs, Excise and Service Tax Appellate Tri...

High Court

Bombay High Court Quashes Permission for Alteration of Open Spaces in Housing Project — Open Spaces Sanctioned in Approved Layout Cannot Be Reduced Under Guise of Surplus Area. The Court held that purchasers of plots have a right to the open spaces as shown in the approved layout, and any deviation requires fresh approval and consent of all affected parties.

30 Sep 2022

The petitioners, residents and plot owners of the project 'Aldeia de Goa' at Bambolim, challenged the permission/NOC dated 11.12.2020 granted by the D...

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