Search Results for "unwillingness"

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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...
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Search Results for "unwillingness"

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High Court

Bombay High Court Allows Writ Petition of Senior Teacher Challenging Tribunal Order Setting Aside Promotion as Head Master. Initial Unwillingness for Promotion Does Not Bar Subsequent Willingness When No Appointment Made, Under MEPS Rules.

21 Jun 2013

The petitioner, Bhimrao Keshao Telang, was promoted to the post of Head Master of a school by an order dated 23 April 1997. Respondent No.1, Prabhudas...

High Court

Bombay High Court Allows Specific Performance Appeal Despite Unproven Part Payment. Failure to Prove Payment of Rs.300 Does Not Justify Refusal of Specific Performance When Plaintiff Shows Readiness and Willingness.

14 Jan 2005

The appellant-plaintiff filed a suit for specific performance of an agreement for sale dated 6th June 1974, whereby the respondent-defendant agreed to...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Finds Concurrent Findings Perverse for Ignoring Plaintiff's Readiness and Willingness. Agreement for Sale of Land at Amravati for Rs. 16,000/- with Earnest Money of Rs. 4,000/- — Courts Below Erred in Holding Plaintiff Not Ready and Willing Despite Evidence of Payment and Presence at Sub-Registrar's Office.

10 Feb 2014

The appellant (original plaintiff) filed a suit for specific performance of an agreement for sale of an open space with superstructure admeasuring 213...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Immovable Property — Purchaser Failed to Demonstrate Willingness to Complete Transaction. Readiness without willingness is insufficient for specific performance under Section 16(c) of the Specific Relief Act, 1963, as the plaintiff insisted on adjustment of loans without calling upon defendant to pay its share.

8 Apr 2019

The suit was filed by G Ram Construction Company (plaintiff) against Chowgule & Company (Hind) Pvt Ltd (defendant) for specific performance of an agre...

High Court

Bombay High Court Dismisses Trust Petition for Distribution of Undistributed Funds Under Will — Failure of Bequest to Wife Does Not Entitle Petitioner to Funds as Residuary Bequest to Charity Takes Effect. Clause 7 of Will Only Operates on Failure of Bequest to Wife, But Amount Then Goes to Charity Under Clause 5, Not to Petitioner.

22 Jun 2005

The present trust petition was filed by Devishankar S/o Ganga Prasad Ram Narayan Tripathi & Ors. seeking distribution of undistributed funds under Cla...

High Court

Bombay High Court Allows Writ Petition of Waiting List Candidate for Extension Officer Post - Appointing Authority Directed to Appoint Petitioner Within Four Weeks. Petitioner on waiting list at serial no.1 entitled to appointment as selected candidate expressed unwillingness within one year of advertisement.

5 Sep 2014

The petitioner, Sandesh Subhash Kadav, was placed on the waiting list at serial no.1 for the post of Extension Officer (Education), Class III, Grade I...

High Court

Bombay High Court Dismisses Convict's Furlough Petition Due to Previous Absconding Behavior. Rejection of furlough application upheld as petitioner had earlier absconded and was arrested, constituting a valid ground under Bombay Furlough and Parole Rules, 1959.

5 May 2011

The petitioner, Murlidhar Ramchandra Bhalerao, a convict lodged in Central Prison, Nagpur, filed a Criminal Writ Petition challenging the rejection of...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

29 Apr 2021

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

High Court

Bombay High Court Quashes Externment Order in Bombay Police Act Case — Non-Application of Mind and Lack of Finding on Witness Unwillingness. Externment Under Section 56(1)(b) Set Aside as Authority Relied on Stale Cases and Used Formulaic Reasoning Without Assessing Ongoing or Imminent Criminal Activity.

24 Sep 2013

The petitioner, Imran Jaffer Shaikh, challenged an appellate order dated 15th July 2013 by which the respondent, State of Maharashtra, affirmed an ext...

High Court

Bombay High Court Quashes Externment Order Passed Without Proper Compliance of Section 56(1)(b) of the Maharashtra Police Act. Sub-Divisional Magistrate Must Independently Form Opinion Regarding Witnesses' Apprehension, Not Rely on Police Officer's Notice.

1 Aug 2017

The petitioner, threatened with externment, challenged the order of the Divisional Commissioner confirming the Sub-Divisional Magistrate's externment ...

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