Search Results for "equitable order"

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Contract Law – Unilateral Mistake – Encashment of Bank Guarantee – Proportionality – Judicial Review – Equity – Relief Granted

The Supreme Court found the Appellant’s error to be apparent and self-evident, warranting equitable relief. (Para 16) BRO’s refusal to acknowledg...

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Supreme Court Dismisses Lessor’s Appeal in Lease Renewal Dispute — Renewal Clause Does Not Offend Rule Against Perpetuity. Option to Renew Lease Every Ten Years Does Not Create an Interest in Property Under Section 14 of the Transfer of Property Act, 1882.

The dispute arose from a lease deed executed on October 26, 1951, between the appellant-lessor and the respondent-lessee for premises in Bangalore. Th...

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Supreme Court Dismisses Appeals Against KPSC's Refusal to Expand Rank Lists for Junior Health Inspector Post. Autonomy of Kerala Public Service Commission Under Article 320 of the Constitution Upheld, No Authority Can Direct Expansion of Rank Lists.

The present appeals arose from a judgment of the Division Bench of the High Court of Kerala dated 14.02.2024, which upheld the decision of the Kerala ...

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Supreme Court Upholds Quashing of PTI Selection by Haryana Staff Selection Commission Due to Arbitrary Change in Criteria. The selection process violated Articles 14 and 16 of the Constitution as the Commission altered the marking scheme after interviews without any rational basis.

The case pertains to a batch of appeals arising from a common judgment of the Punjab and Haryana High Court, which quashed the selection of Physical T...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses First Appellate Court's Dismissal on Limitation and Order II Rule 2 CPC. Time was not of essence of contract and suit was not barred by limitation or res judicata.

The appellants, original plaintiffs, filed Special Civil Suit No. 51 of 1989 for specific performance of an agreement to sell immovable property again...

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Bombay High Court Upholds Temporary Injunction in Favor of Plaintiff in Suit for Declaration of Title and Possession. The court found that the plaintiff had made out a prima facie case and that the balance of convenience was in his favor, restraining the bank from evicting him pending suit.

The appeal arises from a suit filed by the respondent No.1 (original plaintiff) against the appellant (original defendant No.1) and respondent Nos.2 a...