Search Results for "unilateral imposition"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "unilateral imposition"

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High Court

Bombay High Court Allows Deemed Conveyance Under MOFA Despite Pending CIRP Under IBC — Section 14 IBC Does Not Bar Competent Authority from Exercising Jurisdiction Under Section 11(3) MOFA. The Court held that the statutory right of flat purchasers to obtain deemed conveyance under MOFA cannot be defeated by the pendency of insolvency proceedings against the promoter.

22 Jun 2026

The petitioner, Darshan Mandir Co-operative Housing Society Limited, is a cooperative housing society formed by purchasers of flats in a building cons...

High Court

Bombay High Court Dismisses MCGM Petition Against Union Recognition in Industrial Dispute. Court upholds Industrial Court's finding that petitioner failed to prove loss of majority support by respondent union under Section 22 of Bombay Industrial Relations Act, 1946.

10 Sep 2025

The petitioner, Municipal Corporation of Greater Mumbai and another, filed a writ petition under Article 226 of the Constitution of India challenging ...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

Bombay High Court Dismisses Developer's Section 9 Petition as Misuse of Process in Redevelopment Dispute with Non-Member Occupant. Court holds that a developer cannot seek interim relief against a non-signatory occupant under Section 9 of the Arbitration and Conciliation Act, 1996, where the occupant has independent rights and is not bound by the arbitration agreement.

30 Sep 2024

The petitioner, Gulshan Townplanners LLP, a developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim ...

High Court

Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

27 Mar 2024

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

High Court

Bombay High Court Quashes Deemed Conveyance Order in Co-operative Housing Society Dispute — Lack of Notice to Original Landowner Violates Principles of Natural Justice. Deemed Conveyance under Section 11 of MOFA cannot be granted without affording opportunity of hearing to the developer who is not a member of the society.

4 Oct 2023

The petitioners, M/s. K.G. Associates (developer) and its partner, challenged an order dated 17 March 2020 passed by the Deputy Registrar of Co-operat...

High Court

Bombay High Court Allows Writ Petition Challenging Demolition Notice for Non-Compliance with DCR 2018 — Held that Construction Approved Prior to DCR 2018 is Not Subject to New FSI Restrictions. Vested rights of the petitioners were upheld as the building was substantially completed before the new regulations came into force.

26 Sep 2023

The petitioners, Sai Chintan C.H.S.LTD. and MPR Builders and Developers LLP, filed a writ petition challenging a demolition notice dated 20.12.2022 is...

High Court

Bombay High Court Holds Land Owner's Consent Essential for Mode of Acquisition Under Section 126(1) MRTP Act — TDR Grant Requires Agreement, Not Unilateral Authority Action. The Court ruled that the option between monetary compensation and TDR under Section 126(1) of the Maharashtra Regional and Town Planning Act, 1966 is not solely with the acquiring authority but requires the consent of the land owner.

25 Jul 2022

This judgment arises from a reference made by a Division Bench of the Bombay High Court at Nagpur, which disagreed with the view taken in Asha Sunil Z...

High Court

High Court Dismisses Petition Challenging Arbitral Award on Liquidated Damages for Delayed and Undelivered LPG Cylinders. Arbitrator's interpretation of contractual clauses upheld as not contrary to public policy under Section 34 of Arbitration and Conciliation Act, 1996.

9 Apr 2013

The petitioner, M/s. R.M. Cylinders Private Limited, challenged an arbitral award dated 30 August 2010 passed by a sole arbitrator under Section 34 of...

High Court

Bombay High Court Dismisses Writ Petition Challenging Settlement Commission Order Under Section 245D(4) of Income Tax Act — No Jurisdictional Error Found in Rejecting Settlement Application for Non-Disclosure of Full Income.

22 Feb 2012

The petitioner, Major Metals Ltd., filed a writ petition under Article 226 of the Constitution challenging an order dated 30 December 2010 passed by t...

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