Search Results for "discretionary interest"

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High Court of Bombay at Goa Partially Allows Contractor's Appeal in Contract Dispute Over Interest and Escalation Claims. Court holds that interest under Section 34 CPC is discretionary and that escalation claims not pleaded cannot be awarded.

The dispute arose out of a contract for improvement of riding quality of NH-4A in Goa awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contr...

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Bombay High Court Allows Appeals for Enhancement of Land Acquisition Compensation — Market Value Fixed at Rs. 1,00,000 per Guntha. Reference Court's award of Rs. 60,000 per Guntha set aside as inadequate; court considers sale instances and potential value under Section 23 of Land Acquisition Act, 1894.

The judgment pertains to three first appeals filed by Dhondiram Tambe, Manohar Tambe, and Dagdu Tambe against the State of Maharashtra and other respo...

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Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Shop Due to Failure to Prove Valid and Concluded Contract. Plaintiff failed to establish that the agreement was final and binding, and the suit was barred by limitation.

The plaintiff, Shriram Gangaram Gupta, filed a suit in 1980 seeking a declaration that there was a valid and concluded agreement with Defendants Nos. ...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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High Court Dismisses Writ Petition of Assistant PF Commissioner Due to Delay and Laches in Challenging EPF Damages Order. Petition filed nearly three years after impugned order without explanation for delay, and no merit found in challenge to damages calculation under Para 32A of EPF Scheme, 1952.

The Assistant Provident Fund Commissioner (petitioner) filed a writ petition under Article 227 of the Constitution of India before the High Court of K...

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High Court of Karnataka Dismisses Petition to Quash FIR Against School Authorities Accused Under POCSO Act. Court Holds that Statutory Duty to Report Child Sexual Abuse Overrides Institutional Silence and Upholds Investigation for Failure to Report Under Section 21.

The judgment arises from a criminal petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR registe...

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Bombay High Court Directs Freeze on Mangrove Destruction in Maharashtra and Orders Comprehensive Satellite Mapping to Identify Protection Areas. High Court Recognizes Ecological Importance of Mangroves and Applies Precautionary Principle to Prevent Further Damage Pending Final Adjudication.

The Public Interest Litigation was filed by Bombay Environmental Action Group and another before the High Court of Judicature at Bombay, seeking prote...