Search Results for "pre-emptive rights"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
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Search Results for "pre-emptive rights"

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High Court

Bombay High Court Allows Amendment of Plaint in Pre-emption Suit Under Portuguese Civil Code — Right of Co-owner to Purchase Share Not Extinguished by Sale to Third Party. The court held that at the pre-trial stage, amendments to pleadings should be liberally allowed to determine the real controversy, and the trial court erred in dismissing the application under Order VI Rule 17 CPC.

7 Feb 2025

The petitioners, as co-owners of a suit property, filed a suit for declaration, specific performance, and injunction against the respondents, who are ...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal on NGT's Suo Motu Jurisdiction. The Court held that the National Green Tribunal lacks suo motu powers under the National Green Tribunal Act, 2010, as it is a statutory tribunal without inherent jurisdiction, but can act on epistolary jurisdiction based on letters from interested parties.

7 Oct 2021

The Supreme Court of India, in a civil appeal led by the Municipal Corporation of Greater Mumbai against Ankita Sinha and others, addressed the jurisd...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

Supreme Court

Supreme Court Dismisses Cooperative Society's Appeals Challenging Sale Deeds Executed in Favor of Members. Arbitrator under Delhi Cooperative Societies Act lacks jurisdiction to adjudicate validity of registered sale deeds, which can only be challenged before civil court.

30 Jan 2019

The Supreme Court dismissed the appeals filed by Delhi Dayalbagh Cooperative House Building Society Ltd. against the orders of the Delhi High Court, w...

High Court

Bombay High Court Allows Referral to Arbitration in Shipping Agency Dispute — Agency Agreement Arbitration Clause Enforceable Under Section 45 of Arbitration and Conciliation Act, 1996. Court holds that disputes regarding termination and novation of agency agreement are covered by arbitration clause and must be referred to arbitration in Tokyo.

28 Jan 2014

The judgment concerns two interconnected proceedings: Arbitration Petition No. 446 of 2003 filed by Mitsui OSK Lines Ltd. (petitioner) under Section 4...

High Court

Bombay High Court Dismisses Petition Challenging Compulsory Purchase of Property Under Chapter XXC of Income Tax Act — Delay in Passing Order Does Not Invalidate Acquisition. The period of two months under Section 269UD(2) of the Income Tax Act, 1961 for passing an order for compulsory purchase is directory, not mandatory, and the order passed after 16 years was upheld.

30 Jul 2013

The petitioners, Satish Balan, Ratish Balan, Janki Balan, and Adarsh Sehtty, entered into an agreement for purchase of a property admeasuring 555 sq. ...

High Court

Bombay High Court Quashes Preemptive Purchase Orders Under Chapter XXC of Income Tax Act — Difference in Valuation Below 15% Threshold. The Appropriate Authority's orders under section 269UD(1) were set aside as the difference between fair market value and apparent consideration was less than 15%, and no opportunity of hearing was given.

23 Dec 2011

The petitioners, Pandharinath Bhikaji Telge and Dattaram Bhikaji Telge, were owners of a property in Chembur, Mumbai. They entered into an agreement t...

High Court

Bombay High Court Dismisses Application Under Rule 133 for Delay in Seeking Adjournment to Judge — Security Order Already Set Aside by Higher Courts. Application Filed Beyond Four-Day Limitation Period Without Sufficient Cause Under Rule 133 of Bombay High Court (Original Side) Rules, 1980.

26 Nov 2010

The applicant, Suresh Lachhmandas Raheja, the original plaintiff in Suit No.3190 of 2006, filed an application under Rule 133 of the Bombay High Court...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Representation and Non-Application of Mind. Detenu's representation dated 7-9-2004 was not considered by the detaining authority, and the detention order disclosed total non-application of mind.

12 Jan 2005

The petitioner, Sanpreet Kaur Tejpal Singh, wife of the detenu Tejpal Mann Singh, challenged the detention order dated 6-2-2004 passed by respondent N...

High Court

Bombay High Court Dismisses Petitions Challenging Environmental Clearance and Municipal Approvals for Construction Projects. Court upholds validity of environmental clearance granted by MPCB and municipal permissions for construction in eco-sensitive areas, emphasizing compliance with environmental norms and public participation.

30 Nov -0001

The judgment involves multiple writ petitions filed by individuals challenging environmental clearances and municipal permissions granted for construc...

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