Search Results for "onerous condition"

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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 at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...

Search Results for "onerous condition"

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High Court

Karnataka High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree of Permanent Injunction. The Court held that the First Appellate Court's failure to frame points for determination under Order 41 Rule 31 CPC vitiated its judgment.

30 Aug 2025

The case involves a property dispute between the appellants (plaintiffs) and the respondents (defendants) concerning a suit for permanent injunction. ...

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...

High Court

Bombay High Court Upholds Maharashtra RTE Amendment Rules 2024 Exempting Private Unaided Schools Near Government/Aided Schools from 25% Quota. The Amendment Rules are held intra vires the RTE Act and Constitution, as they promote efficient resource allocation and prevent duplication of facilities.

19 Jul 2024

The Bombay High Court dismissed a batch of petitions challenging the Maharashtra Right of Children to Free and Compulsory Education (Amendment) Rules,...

High Court

High Court of Karnataka Quashes ITAT's Rectification Order in Income Tax Case — Tribunal Exceeded Jurisdiction Under Section 254(2) by Reviewing Its Own Decision. Mistake Apparent from Record Must Be Obvious and Not Require Re-appreciation of Evidence.

23 Sep 2023

The petitioner, M/s. I.G. Petrochemicals Ltd., an assessee under the Income Tax Act, 1961, filed a writ petition challenging the order dated 05.09.202...

High Court

Bombay High Court Allows Compounding Application for TDS Default Despite Delay in Filing, Directs Reconsideration of Compounding Fees. Petitioners deposited TDS belatedly but before show cause notice; court held that compounding application cannot be rejected solely on ground of delay in filing where no prosecution was pending.

18 Jul 2023

The petitioners, Sofitel Realty LLP and its partners, filed a writ petition challenging the rejection of their compounding application for offences un...

High Court

Bombay High Court Quashes Municipal Corporation's Demand for Transfer Fees and Unilateral Imposition of Fresh Lease Terms. Lease Renewal Must Be on Existing Terms Unless Mutually Agreed, and Transfer of Leasehold Interest Does Not Attract Transfer Fees Without Specific Statutory Provision.

5 Aug 2022

The petitioners, ten individuals and a company, filed a writ petition under Article 226 of the Constitution of India challenging the actions of the Na...

High Court

Bombay High Court Dismisses Compensation Claim for Alleged Illegal Arrest and Detention — Petitioners Failed to Establish Custodial Detention Beyond Remand Period. Court Held That Arrest and Production Before Executive Magistrate for Preventive Action Under Section 107 CrPC Was Not Illegal as Petitioners Were Released on Bail in the Criminal Case.

1 Dec 2020

The petitioners, Arun and Shailendra Tagad, filed a criminal writ petition seeking compensation of Rs. 5,00,000 each from the State of Maharashtra and...

High Court

Bombay High Court Quashes Condition of Pre-deposit in NI Act Appeal — Suspension of Sentence Cannot Be Burdened with Onerous Condition of Depositing 50% Compensation. The court held that the appellate court's condition requiring deposit of 50% compensation while suspending sentence under Section 389 CrPC is contrary to law and set aside the condition.

6 Sep 2013

The petitioner, Suresh Hiralal Barwal, was convicted under Section 138 of the Negotiable Instruments Act, 1881, by the learned Magistrate and sentence...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Expenses Due to Triable Issues. Agreement for Project Management and Development between Family Members Raises Questions of Authority, Consideration, and Entitlement to Reimbursement.

19 Jul 2011

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit for recovery of Rs. 3,70,20,410 with future interest against defendant No.1,...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Management Fees. Agreement for Development of Property by Family Members Not a Commercial Transaction Entitling Summary Procedure Under Order 37 CPC.

19 Jul 2011

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of ₹3,70...

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