Search Results for "statutory discretion"

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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 "statutory discretion"

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High Court

Bombay High Court Dismisses Challenge to Pre-deposit Condition Under SARFAESI Act — Upholds Constitutional Validity of Section 18 Provisos. The court held that the legislature may condition the right of appeal and the provisions are not discriminatory compared to the RDB Act.

1 Jul 2011

The petitioners, National Polymers and others, challenged an order dated 6 April 2011 of the Debts Recovery Appellate Tribunal directing them to depos...

High Court

Bombay High Court Dismisses Railway's Challenge to Temporary Injunction in Favour of Educational Society for Use of Approach Road. Court upholds appellate order restraining obstruction of road constructed on shivdhura of survey no. 348 based on Tahsildar's permission and prima facie findings.

12 Mar 2010

The petitioners, officers of the Central Railway, challenged the judgment dated 21/1/2010 of the 4th Additional District Judge, Nagpur in MCA No. 230/...

High Court

Bombay High Court Allows Appeal Against Section 9 Order for Handing Over Flats for Redevelopment — Holds That Disputed Possession Cannot Be Directed Without Final Determination of Rights in Arbitration. The court set aside the order directing possession and directed status quo pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996.

14 Nov 2025

The case involves a dispute between M/s. Rajendra Builders (appellant no.1), the original developer of a building owned by Borivali Amita Co-operative...

High Court

High Court of Judicature at Bombay Heard Constitutional Challenge to Section 31-A of the NDPS Act, 1985, Imposing Mandatory Death Penalty for Repeat Drug Offences. The petition questioned whether mandatory death penalty for non-homicidal drug offences under Section 31-A violates fundamental rights under Articles 14 and 21 of the Constitution of India.

16 Jun 2011

The matter involved two writ petitions filed under Article 226 of the Constitution challenging the constitutional validity of Section 31-A of the Narc...

High Court

Gujarat High Court Allows Condonation of Delay of 3117 Days in Land Acquisition Appeal Due to Sufficient Cause. Liberal Approach Adopted for Illiterate Claimants Under Section 5 of Limitation Act, 1963 and Section 54 of Land Acquisition Act, 1894.

12 Mar 2026

The judgment pertains to a group of civil applications filed for condonation of delay in preferring first appeals under Section 54 of the Land Acquisi...

High Court

High Court of Karnataka Quashes 75% Deposit Condition in Arbitration Award Stay — Section 36(2) of Arbitration Act Does Not Mandate Pre-Deposit. Court holds that Section 36(2) of the Arbitration and Conciliation Act, 1996 does not impose a mandatory pre-deposit condition for stay of an arbitral award, and the trial court erred in imposing 75% deposit without considering the petitioner's financial hardship.

7 Aug 2025

The petitioner, ITI Limited, challenged an order dated 19.04.2025 passed by the LXXXIII Addl. City Civil and Sessions Judge (Commercial Court), Bengal...

High Court

Bombay High Court Decrees Suit in Favour of Financial Advisor in Commercial Summary Suit for Professional Fees — Interpretation of Mandate Letter Options for Success Fee on Cash Sales of NPAs. Court holds that where the Bank exercised option of 100% cash sales, the Financial Advisor is entitled to success fee at the higher rate of 0.50% on cash received, as per option (a) of the Mandate Letter dated 1 July 2017.

25 Feb 2025

The Plaintiff, Special Situation Advisors (India) Pvt. Ltd., a company registered under the Companies Act, 1956, engaged in providing financial adviso...

Supreme Court

Supreme Court examines legality of appointing persons with criminal background as Ministers. Interpretation of Articles 75 and 164 of the Constitution to uphold democratic integrity and combat criminalisation of politics.

1 Aug 2026

The present writ petition under Article 32 of the Constitution was filed as a public interest litigation by the petitioner, Manoj Narula, challenging ...

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...

High Court

High Court of Bombay Upholds Rejection of Amendment to Written Statement in Eviction Suit; No Due Diligence Shown After Commencement of Trial. Tenant's Application to Add Waiver Plea Based on Municipal Tax Payments Fails Under Order 6 Rule 17 CPC as Knowledge of Tax Payments Existed Throughout.

20 Oct 2006

The matter arose from a suit for eviction and mesne profits filed by the landlord against the tenant in the Small Causes Court at Mumbai. The landlord...

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