Bombay High Court on Restrictive Covenants in Redevelopment
11 Feb 2026The Bombay High Court considered three interim applications arising from a suit between two cooperative housing societies concerni...
Search Results for "Restrictive Covenant"
59 result(s) found
Found 59 result(s)
High Court
Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.
28 Jan 2026The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...
High Court
High Court of Bombay at Nagpur Dismisses Second Appeal in Property Dispute Over Gift Deed and Partition. Family Settlement of 1953 Held Valid Despite Non-Registration, and Gift by Widow to Grandson Upheld as Binding on Heirs.
6 Oct 2025The dispute pertains to properties originally owned by Balaji, who died intestate in 1932. His widow Laxmibai and three sons Harihar, Keshao, and Krus...
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Supreme Court
Supreme Court Allows Bank's Appeal, Upholds Liquidated Damages Clause in Employment Contract. Clause requiring employee to pay Rs. 2 lakhs for resigning before three years held valid under Section 27 of Indian Contract Act, 1872, and not opposed to public policy.
14 May 2025The Supreme Court allowed the appeals filed by Vijaya Bank and another against the judgment of the High Court of Karnataka which had quashed clause 11...
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Supreme Court
Supreme Court Quashes FIR Against Company in Contract Dispute Under Section 482 CrPC Due to Absence of Prima Facie Offence. Allegations of Suppression of Restrictive Covenant in Sub-Contract Merely Constitute Civil Breach, Not Criminal Offences Under Sections 406, 420, 467, 468, 471 read with Section 34 IPC, as Complaint Essentially Seeks Recovery of Dues.
28 Apr 2025The Supreme Court heard an appeal against a High Court judgment that refused to quash an FIR registered against a company and its officers under Secti...
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High Court
Bombay High Court Allows Appeal in Co-operative Housing Society Dispute Over Title to Property — Decree of Specific Performance Set Aside Due to Non-Compliance with Statutory Requirements Under Maharashtra Co-operative Societies Act, 1960 and Maharashtra Ownership Flats Act, 1963.
9 Jan 2024The appellant, The Pashmina Co-operative Housing Society Ltd., filed an appeal under Section 96 of the Civil Procedure Code, 1908, challenging the jud...
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High Court
Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.
8 Jan 2024The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...
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Supreme Court
Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.
22 Jul 2020The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...
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High Court
Bombay High Court Allows Appeals in Trademark Infringement and Passing Off Case — Interim Injunction Set Aside Due to Lack of Prima Facie Case and Balance of Convenience. The court held that the plaintiff failed to establish a strong prima facie case for trademark infringement under the Trade Marks Act, 1999 as the mark was originally owned by the joint venture company and the assignment was disputed.
28 Jul 2011The case involves two appeals against a common judgment and order dated 23.12.2004 passed by the learned Single Judge in Notice of Motion No.553 of 20...
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Supreme Court
Supreme Court Allows Revenue's Appeal on Compensation for Loss of Agency as Revenue Receipt Under Section 10 of Income-tax Act. Compensation for Loss of One Among Many Agencies in Normal Course of Business is Taxable Revenue Receipt.
2 Nov 1965The case involved a dispute over the taxability of compensation received by the respondent, a multi-agency concern, upon termination of one of its num...
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