Search Results for "rule against perpetuity"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "rule against perpetuity"

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Supreme Court

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.

29 Aug 1969

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...

Supreme Court

Supreme Court Upholds Right of Pre-emption in Partition Deed Covenant Binding on Successors-in-Interest. Covenant Not Expressly Binding Assignees Held Enforceable Against Subsequent Purchasers with Notice, and Rule Against Perpetuities Held Inapplicable to Personal Pre-emption Agreements.

6 Sep 1966

The dispute arose out of a partition suit between two brothers, T and K, which was referred to arbitration. The arbitration award divided the joint pr...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Breach of Consent Order in Property Dispute. Court holds that undertaking to vacate premises by a specified date does not constitute an unequivocal undertaking to the court, and breach of a consent term does not automatically amount to civil contempt under the Contempt of Courts Act, 1971.

31 Oct 2018

The Petitioner, Mr. Swaranjeet Singh, filed a contempt petition alleging breach of a consent order and an undertaking given to the court in Suit No.25...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

High Court

Bombay High Court Allows Petitioner's Challenge to Punishment of Withholding Increments Without Departmental Enquiry. Punishment of permanently withholding two increments is a major penalty requiring a formal departmental enquiry under service rules.

19 Jun 2006

The petitioner, Narendra s/o Motiram Bodkhe, a government servant, challenged the order dated 9.8.1994 passed by the Chief Executive Officer, Zilla Pa...

High Court

Bombay High Court Dismisses Revision by National Textile Corporation in Eviction Suit — Lease Deed Interpretation and Notice Validity Under Transfer of Property Act, 1882. Court upholds concurrent findings that lease was for 99 years with renewal clause, and notice of termination was valid under Section 106.

22 Oct 2012

The respondent, Byramjee Jeejeebhoy Pvt. Ltd., is the owner of a suit plot admeasuring 45,022 square yards and another portion of 153 square yards at ...

High Court

Bombay High Court Quashes Resumption Order and Restores Sanad Holder's Rights in Land Grant Dispute — Lease in Perpetuity Not Extinguished by Expiry of Fifty-Year Revenue Period. The court held that the Sanad was a perpetual lease and that the Collector's order of resumption was based on a misinterpretation of the term of the lease.

25 Jul 2024

The dispute concerns a land bearing CTS No. 3762 at Nashik, granted to Ahmedsaheb Kadarsaheb Kokani under a Sanad dated 31st October 1920. The Sanad s...

High Court

Bombay High Court Dismisses Section 34 Petition Against Arbitral Award in Contract Dispute — No Patent Illegality Found in Arbitrator's Interpretation of Contract Terms. The court held that the arbitrator's construction of the contract was a possible view and not perverse, thus no interference under Section 34(2-A) of the Arbitration and Conciliation Act, 1996.

2 Mar 2020

The petitioners, Gateway Distriparks Limited and Gateway Rail Freight Limited, filed a petition under Section 34 of the Arbitration and Conciliation A...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Limitation and Cause of Action Are Triable Issues. Court holds that Order VII Rule 11 CPC application cannot be decided on disputed facts regarding knowledge of sale deeds and limitation.

9 Aug 2024

The Bombay High Court dismissed a Civil Revision Application filed by Defendant No.15 (M/s. Mahabharat Builders) challenging the trial court's order d...

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 2024

The 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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