Search Results for "second petition maintainability"

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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 ...

Search Results for "second petition maintainability"

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High Court

High Court of Karnataka Allows Transfer of Winding Up Petitions to NCLT Under Section 434(1) of Companies Act, 2013 — Mandatory Transfer of Pending Proceedings Where No Winding Up Order Has Been Passed.

28 Sep 2021

The judgment concerns two company applications filed by M/s. Nitesh Residency Hotels Pvt. Ltd. seeking transfer of pending winding up petitions (Compa...

High Court

Bombay High Court Upholds Family Court Order Directing Husband to Vacate Matrimonial Home in Favor of Wife Under Protection of Women from Domestic Violence Act, 2005. Joint Ownership Does Not Bar Wife's Right to Residence.

30 Nov 2017

The petitioner husband filed a writ petition under Article 227 of the Constitution of India challenging two orders passed by the Family Court No.2, Pu...

High Court

Bombay High Court Dismisses State's Challenge to Tribunal Order Granting Second ACPS Benefit to Retired Employee. The Court upheld that the second benefit of Assured Career Progression Scheme is to be granted from the date of completion of 24 years of service, not from the date of first benefit, and that the benefit of higher pay scale at absorption does not disentitle the employee from future ACPS benefits.

22 Aug 2022

The case involves a challenge by the State of Maharashtra against an order of the Maharashtra Administrative Tribunal, Nagpur, dated 18/02/2021, which...

Supreme Court

Supreme Court Allows Bail in Elgar Parishad Case: High Court Erred in Remanding Bail Application Without Considering Merits Despite Supplementary Chargesheet. The Court held that the High Court must consider the entire material, including supplementary chargesheet, while exercising its bail jurisdiction under Section 439 CrPC, and the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 requires a prima facie assessment of the accusation.

15 Apr 2024

The appellant, Shoma Kanti Sen, was arrested on 06.06.2018 in connection with FIR No. 04/2018 registered at Vishrambaug Police Station, Pune, alleging...

High Court

Bombay High Court Dismisses Appeal Against Order in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to grant specific performance of agreement to sell as plaintiffs failed to prove readiness and willingness to perform their part of contract under Section 16(c) of Specific Relief Act, 1963.

22 Oct 2019

The dispute pertains to a suit for specific performance of an agreement to sell dated 18-04-2005 concerning agricultural land bearing Khasara No.40, P...

High Court

High Court of Karnataka hears petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator in joint development dispute after earlier award rejected specific performance. The court considers whether the claim for damages is barred by res judicata, following the Supreme Court's direction that such issue is for the arbitral tribunal.

29 Jul 2022

Background: The dispute arose out of a series of joint development agreements entered into between the petitioners (developers) and the father of the ...

High Court

Gujarat High Court Reduces Compensation by 50% in Motor Accident Claim Due to Contributory Negligence of Deceased Driver. Deceased's failure to place warning signs after tyre puncture on highway contributed to accident, leading to apportionment of liability under Motor Vehicles Act, 1988.

19 Jan 2026

The case arises from a motor accident claim filed by the legal heirs of Sunil Samharu Yadav, who died in a road accident on 19.05.2013. The deceased w...

High Court

Bombay High Court at Goa Enhances Compensation for Injured Claimant in Motor Accident Case — Multiplier Applied as Per Age of Injured Person, Not Age of Claimant. The court held that the multiplier for loss of future earnings due to permanent disability must be based on the age of the injured person under the Second Schedule of the Motor Vehicles Act, 1988, enhancing compensation from Rs. 3,68,000 to Rs. 5,87,600.

11 Jul 2013

The appellant, Pukh Raj Bumb, a 69-year-old retired government servant, was injured in a motor vehicle accident on 18th August 2008 when a car driven ...

High Court

Bombay High Court Dismisses Petition Challenging Reference Under Section 10(1) of Industrial Disputes Act at Instance of Unrecognized Union. Contract Labour Workmen Can Raise Industrial Dispute Through Any Union, Recognized or Not, Under Section 10(1) of Industrial Disputes Act, 1947.

14 Jun 2010

The petitioner, Bharat Forge Limited, a company engaged in manufacturing forgings, challenged the validity of a reference made by the Additional Commi...

High Court

High Court of Karnataka Quashes Complaint and Summons in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act. The court held that the demand notice must be sent to the correct address of the drawer and that directors cannot be held liable without specific averments regarding their role.

26 Apr 2019

The petitioners, M/s Serve & Volley Outdoor Advertising Pvt Ltd and its directors, filed writ petitions under Articles 226 and 227 of the Constitution...

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