Search Results for "Clean Hands"

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High Court Dismisses Letters Patent Appeal in Flat Ownership Dispute Between Appellants and State of Maharashtra, Upholds Single Judge's Order Directing Pursuit of Rights in Competent Forum

The Letters Patent Appeal was filed against the Single Judge's order, which disposed of the petition on grounds that the challenged order did not prej...

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High Court Allows Transfer of Winding-Up Proceedings to NCLT Under Companies Act Section 434(1)(c) - Applicant Successfully Seeks Transfer for Corporate Insolvency Resolution Under IBC

The Bombay High Court allowed the transfer of winding-up proceedings against Patheja Forgings & Auto Parts Manufacturing Ltd. to the National Comp...

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High Court Dismisses Writ Petition by Daily Wagers Seeking Regularization and Back Wages Due to Suppression of Facts and Prior Adjudication -- Municipality's Termination Under Industrial Disputes Act Upheld

The petitioners, daily wagers employed by the respondent Municipality for over 15 years, filed a writ petition seeking regularization, back wages, and...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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Supreme Court Dismisses Appeals in Insolvency Case Due to Limitation and Mis-statements. NCLAT's Refusal to Condon Delay Upheld as Appellant Failed to Apply for Certified Copies and Made Contradictory Assertions Under Section 61 of Insolvency and Bankruptcy Code, 2016.

The appeals arose from an order dated 18.01.2024 passed by the National Company Law Appellate Tribunal (NCLAT), which dismissed appeals preferred by t...

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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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Arbitration Proceedings – Interim Relief – Failure to Issue Shares – Protection of Investment. High Court Granted Interim Relief Protecting Investment of Foreign Investor After Company Failed to Allot Shares Despite Utilizing Funds for Debt Clearance

Misappropriation of investment funds occurs not just by siphoning money but also by enjoying benefits of an investor’s funds without fulfilling corr...

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Public Interest Litigation – Suppression of Material Facts – Criminal Contempt – Maintainability of PIL. High Court dismissed the PIL on grounds of suppression of facts, lack of bona fides, and scandalizing the court. Criminal contempt was noted but no proceedings were initiated.

Litigants filing PIL must disclose all material facts and approach the court with clean hands. Scandalizing the court through social media can constit...