Search Results for "written undertaking"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
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Search Results for "written undertaking"

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High Court

Bombay High Court Decides Appeal Against Interim Injunction in Specific Performance Suit Involving Share Buyback Under Letter of Undertaking. The appeal challenges the grant of interim injunction on grounds that the agreement is not a concluded contract and that its performance would breach MIMPS Regulations making it void under Section 23 of the Indian Contract Act, 1872.

11 Sep 2015

The appeal before the Division Bench of the Bombay High Court arises from an order dated 13 October 2014 passed by a single judge granting interim inj...

High Court

Bombay High Court Dismisses Winding-Up Petition in Company Dispute Over Back-to-Back Payment Clause. Payment Obligation Conditioned on Receipt from HAL, Not Absolute Debt, Hence Bona Fide Dispute Exists.

17 Oct 2012

The petitioner, Tata Advanced Materials Ltd., filed a company petition under Sections 433 and 434 of the Companies Act, 1956, seeking winding up of th...

High Court

Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

20 Feb 2014

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

High Court

Bombay High Court Dismisses Application to Set Aside Consent Terms in Eviction Suit Due to Breach of Undertaking and Delay. Applicants who gave a solemn undertaking to vacate premises by 31st December 2016 and violated it cannot be permitted to resile from consent terms after 12 years.

10 Jul 2018

The case arises from a long-standing eviction dispute. The respondent-plaintiff (licensor) instituted S.C. Suit No. 869 of 1975 against the applicants...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

High Court

Bombay High Court Dismisses Petition of Non-Union Workers Seeking Settlement Benefits — Conditional Undertaking and Delay Justify Denial of Retrospective Benefits. Settlement under Section 2(p) read with Section 18(1) of Industrial Disputes Act, 1947 requires unconditional undertaking within time; non-union workers who submitted conditional undertakings belatedly not entitled to benefits from date of settlement.

9 Feb 2011

The petitioners, employees of Respondent No.1, filed a writ petition challenging the Industrial Court's dismissal of their complaint alleging unfair l...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement for Sale Not Concluded Due to Non-Payment of Balance Consideration and Failure to Clear Encumbrances. Court sets aside decree for specific performance and directs refund of earnest money with interest under Section 20 of Specific Relief Act, 1963.

18 Aug 2010

The appellant, Smt. Rosalie Roy, was the owner of a flat in Pune which she agreed to sell to the respondents, Balasaheb Bapurao Tupe and another, for ...

High Court

Bombay High Court Allows Winding Up Appeal in Debt Dispute — Company Deemed Unable to Pay Debts Under Section 433(e) of Companies Act, 1956. Debt Acknowledged by Respondent Company and Not Bona Fide Disputed, Entitling Appellant to Winding Up Order.

21 Oct 2013

The Appellant, Tata Advanced Materials Ltd., filed a winding up petition against the Respondent, M/s. Tooltech Global Engineering Pvt. Ltd., under Sec...

High Court

Karnataka High Court Quashes Demand for Deficit Stamp Duty Under Karnataka Stamp Act, 1957: Conditional Possession Undertaking Not a Usufructuary Mortgage. Mortgage Deed with Clause to Hand Over Possession on Default Held Chargeable as Simple Mortgage, Not Under Article 34(a) of Karnataka Stamp Act, 1957.

5 Aug 2019

The petitioners, a landowner and a builder, entered into a joint development agreement and subsequently executed a mortgage deed in favour of a bank t...

High Court

Bombay High Court Dismisses Revision Against Obstructionist Notice in Eviction Execution — Successor-in-Interest Cannot Resist Possession After Tenant's Undertaking to Vacate

11 Sep 2019

The case arises from an eviction suit filed by the original plaintiff (landlord) against the original defendant (tenant) in respect of Room No.8 at Kr...

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