Search Results for "order set aside"

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Search Results for "order set aside"

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High Court

Bombay High Court Dismisses Writ Petition Against Rejection of Order 7 Rule 11 CPC Application in Eviction Suit — Maintainability Under Article 227 Not Available When Revision Under Section 115 CPC Lies. Composite Application Including Issues Beyond Plaint Rejection Does Not Convert Order into One Not Subject to Revision.

18 Dec 2019

The petitioner, Jasraj Lalaji Oswal, was the defendant in Civil Suit No. 9 of 2016 filed by the respondents (plaintiffs) seeking his eviction. In that...

Supreme Court

Supreme Court Upholds Validity of Forward Contract Prohibition; Contracts Void Under Section 3 of Travancore-Cochin Public Safety Measures Act 5 of 1950. Pre-Constitution Bill Did Not Require President’s Sanction Under Article 304(b) as No Amendment Covered by Article Was Moved.

9 Dec 1968

The dispute arose from forward contracts for the purchase of coconut oil entered into in 1952 in the former Cochin State. The respondent, a commission...

High Court

Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

11 Mar 2020

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

High Court

Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor of Cooperative Housing Society — Additional FSI Rights Not a Bar to Conveyance Under MOFA. The Court held that the Competent Authority has jurisdiction to entertain a second application for deemed conveyance after rejection of the first, and the developer's claim over additional FSI does not prevent conveyance of land to the society.

17 Jul 2026

The Petitioner, Ariisto Realtors Private Limited, a developer, challenged an order dated 14 July 2025 passed by the District Deputy Registrar, Co-oper...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

Supreme Court

Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Credible Evidence and Procedural Lapses. Externment Order Based on Acquitted Case and Confidential Statements Without Substantive Proof is Unsustainable Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951.

28 Jan 2022

The dispute arose from an externment order issued against the appellant under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, directing him t...

High Court

Bombay High Court Dismisses Writ Petition Challenging Land Acquisition — Petitioner Company Fails to Establish Title Over Disputed Land as Revenue Records Show Government Ownership. The court held that revenue entries are prima facie evidence of title and disputed questions of title cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution.

5 Mar 2021

The petitioner, Viraj Profiles Ltd., filed a writ petition challenging the acquisition of land by the State of Maharashtra under the Maharashtra Land ...

High Court

Bombay High Court Allows Petition Challenging Maintainability of Second Revision Under Panchayat Raj Act — District Judge's Order Set Aside. The Court held that no second revision lies under Section 201-B(1) against an order passed by the Deputy Director in a revision under Section 201-A(2) of the Goa Panchayat Raj Act, 1994.

28 Sep 2022

The petitioners, Beatriz Almeida e D'Souza and her husband, applied to the Village Panchayat of Chodan-Madel for transfer of house tax based on a regi...

High Court

Bombay High Court Dismisses Petition Challenging Revisional Order Under Urban Land Ceiling Act After Repeal Proposal. State Government retains jurisdiction under Section 34 of the Urban Land (Ceiling and Regulation) Act, 1976 until formal repeal takes effect.

6 May 2010

The petitioners, nine individuals and one through their power of attorney holder, filed a writ petition in the Bombay High Court challenging the decis...

High Court

Bombay High Court Quashes Assessment Order for Violation of Natural Justice in Faceless Assessment Scheme — Mandatory Personal Hearing Under Section 144B(6)(viii) Not Provided. The court held that failure to grant personal hearing as mandated by Section 144B(6)(viii) of the Income Tax Act, 1961 renders the assessment order a nullity, and consequently the demand notice and penalty show cause notices are also vitiated.

27 Feb 2025

The petitioner, Vimal Trading, a partnership firm engaged in trading and investment in the capital market, filed a nil return of income for Assessment...

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