Search Results for "Code of Civil Procedure"

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Conditional Guarantee Found Inoperative in Absence of CDR Approval. No life to a contract where pre-conditions remain unmet, rules Bombay High Court.

The suit revolves around whether the Deed of Guarantee executed by the plaintiff, Mr. Deepen Arun Parekh, became operative. The court held that the gu...

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"Bombay High Court Judgment on Maintainability of Appeals in Execution Proceedings of Arbitral Awards" "Establishing the primacy of the Arbitration and Conciliation Act over procedural laws for appealability."

1. Introduction The case involved the maintainability of appeals against an order disposing of execution proceedings for an arbitral award. The core ...

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Restoration of Appeal Allowed: Compromise Non-compliance Entitles Statutory Remedy. Failure to honor compromise terms allows restoration of appeal under the Code of Civil Procedure.

The Supreme Court held that in cases of non-compliance with compromise terms, a party has the statutory right to seek restoration of an appeal. The Hi...

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"Disputed Tenancy Rights in Walkeshwar Property" Upholding the Sanctity of Tenancy under the Maharashtra Rent Control Act.

The case revolves around the claim of tenancy rights by the plaintiff, Mr. Pradeep Kumar Lalit Kumar Pandya, over two residential units in Kapadia Bui...

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Possession Relief in Specific Performance Decree: Supreme Court Clarifies Law. Even without an express relief for possession in a specific performance decree, the court can enforce possession rights under the Specific Relief Act and Transfer of Property Act.

The Supreme Court upheld the High Court’s order that directed the executing court to hand over possession to the decree-holder, even though the decr...

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Enforcement of a Decree and Interpretation of Reciprocal Adjustments. Balancing Liabilities in Execution: A Case on Interest Calculation and Set-Off

The Bombay High Court (Coram: Amit Borkar, J.) addressed whether an executing court can interpret a decree to restrict interest on the decretal amount...

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Dispute Over Flats Ownership and Specific Performance. High Court Resolves Complex Real Estate Ownership and Contractual Dispute.

1. Background Disputes arose regarding ownership and specific performance of agreements for Flats Nos. 901, 902, 1001, and 1002 in Mangal Kunj, "B"...

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"Lease Renewal Rights Limited under Caltex Act: Bombay HC Rules in Landmark Eviction Case" "Nationalized entities cannot claim perpetual renewal rights under both contract and statute."

The possession and leasehold rights of a fuel station premises. Hindustan Petroleum Corporation Limited (HPCL) claimed lease renewal rights under both...

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State of Haryana's Plea for Adverse Possession Denied: High Court's Judgment Upheld. State cannot claim adverse possession over private land in a welfare State; Plaintiffs' Ownership Established.

The Supreme Court dismissed the appeal filed by the State of Haryana and the Public Works Department (PWD), challenging the High Court's decision whic...

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Joining a Member of a Housing Society as a Party in Unauthorized Construction Dispute. A cooperative society member has a locus standi to challenge unauthorized construction by another member if it impacts common rights.

The Bombay High Court allowed the impleadment of a cooperative housing society member as a defendant in a suit challenging unauthorized construction b...