Search Results for "substantive relief"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "substantive relief"

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Supreme Court

Supreme Court Upholds High Court's Quashing of Land Allotment Policy for Cooperative Societies in Andhra Pradesh — Violation of Article 14 and Lack of Transparency. Preferential allotment of government land at basic rates to MPs, MLAs, Judges, AIS officers, and journalists held arbitrary and unconstitutional.

13 Dec 2024

The case involves cross appeals against a Division Bench judgment of the Andhra Pradesh High Court dated 05.01.2010, which partly allowed writ petitio...

Supreme Court

Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

15 Nov 2024

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

High Court

Bombay High Court Upholds Validity of Maharashtra Revenue Services (Recruitment) Rules, 2020 and Directs Finalization of Seniority Lists for Deputy Collectors — Seniority to be Determined by Date of Continuous Officiation, Not by Date of Regular Promotion.

8 Aug 2024

The judgment pertains to a batch of writ petitions filed by Deputy Collectors and the State of Maharashtra concerning the determination of seniority o...

Supreme Court

Supreme Court Allows Petitions of Candidates in Kerala Higher Judicial Service Recruitment — High Court's Imposition of Minimum Marks for Viva-Voce After Written Examination Held Arbitrary and Violative of Legitimate Expectation. The Court Applied the Doctrine of Substantive Legitimate Expectation and Article 14 to Quash the High Court's Decision, Directing Selection Based on Original Aggregate Marks Criteria.

11 Jul 2023

The case involves a batch of writ petitions filed under Article 32 of the Constitution by eleven candidates aspiring to be selected as District Judges...

Supreme Court

Supreme Court Allows Defendant's Appeal in Land Dispute and Quashes Permanent Injunction Granted to Plaintiff. Court held that when plaintiff fails to obtain declaration of title and suit for cancellation of sale deed is time-barred, permanent injunction to protect possession cannot be granted as it is a consequential relief and requires lawful possession under Specific Relief Act, 1963.

3 Mar 2022

The dispute involved agricultural land where the plaintiff's husband executed a registered sale deed in 1975 in favor of the defendant for the entire ...

High Court

Bombay High Court Upholds Family Court Order Directing Husband to Pay Full Ad Valorem Court Fees on Claim for Recovery of Amount in Matrimonial Dispute. Court Fees Act, 1959 - Section 8 - Inquiry into Court Fees - Held that when a party claims a specific sum of money, court fees must be paid on that amount, and the court can treat an application as an inquiry under Section 8.

6 Apr 2018

The petitioner-husband, Shri Vijay Jagdish Chheda, filed a writ petition in the Bombay High Court challenging an order of the Family Court No. 2, Pune...

High Court

Bombay High Court Holds Appellate Court Cannot Routinely Enhance Compensation Without Claimant's Appeal or Cross-Objections in Motor Accident Claims. Enhancement Permissible Only in Manifestly Unjust Awards Under Section 168 of Motor Vehicles Act, 1988.

29 Jun 2017

The case arises from a First Appeal under the Motor Vehicles Act, 1988, filed by United India Insurance Co Ltd against an award of the Motor Accident ...

High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

High Court

Bombay High Court Allows Husband's Appeal in Matrimonial Dispute Over Possessory Rights to Shared Household. Wife's Claim for Right to Residence Under Protection of Women from Domestic Violence Act, 2005 Dismissed as Act Not in Force at Time of Filing.

8 Mar 2013

The case involves two appeals filed by the husband challenging a common judgment and order dated 30.12.2004 passed by the Family Court No.4, Mumbai. T...

High Court

Bombay High Court Allows Mortgagee's Suit for Arrest and Sale of Vessel in Admiralty Jurisdiction — Mortgage Debt Secured by Vessel Held Enforceable Despite Change of Ownership. The court held that a valid mortgage creates a maritime lien enforceable in rem, and subsequent change of ownership does not affect the mortgagee's rights.

18 Jul 2005

The plaintiffs, Dallah Albaraka Investment Co. Ltd., filed an admiralty suit in the Bombay High Court seeking enforcement of a mortgage over the vesse...

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