Search Results for "Consequential Relief"

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Bombay High Court Refused Permission to Abandon Part of Declaration Claim at the Appellate Stage. 

Order XXIII Rule 1(1) of the Code of Civil Procedure, 1908 – Right to Withdraw Suit or Abandon Part of Claim – Appellate Stage – Effect of Trial...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Bombay High Court Affirmed Maintainability of Suit for Negative Declaration of Marital Status

Declaration of Legal Character – Suit Seeking Negative Declaration – Section 34 of the Specific Relief Act, 1963 – Jurisdiction of Civil Courts ...

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Supreme Court Holds HUDCO in Breach of Contractual Obligations, Orders Refund of Forfeited Amount to Tomorrowland Limited. Forum Shopping and Unclean Hands Doctrine Bar Interest on Refund – Appeal Partly Allowed

The Supreme Court partly allowed the appeal, holding that HUDCO was in breach of its contractual obligations and ordered a refund of the principal amo...

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Bombay High Court Quashed Trial Court’s Order Denying Amendment of Plea in Suit for Pre-emption Rights. Court Held That the Amendment Was Merely Clarificatory and Did Not Change the Nature of the Suit

Constitution of India (COI) – Article 227 – Power of Superintendence of High Court – Court held that interference under Article 227 is justified...

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Judicial Review of State Actions in Contractual Disputes: Evolution and Current Scope. From Traditional Boundaries to Modern Oversight: Ensuring Fairness and Transparency in State Contractual Matters

The evolution of judicial review in India regarding state actions in contractual and tender disputes. Historically, such disputes were seen as private...

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Appellant's Property Claim Upheld: High Court's Reversal Overturned. Limitation Period and Implied Revocation of Power of Attorney Central to Decision

A dispute over a property transaction. The Appellant argues that the suit is within the limitation period based on her knowledge of the sale deed (Ex....

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Court Upholds Stringent Provisions of MCOC Act, Denies Anticipatory Bail. Emphasizes Legislative Intent to Combat Organized Crime, Dismisses Reliance on SCST Act Precedents and Non-Binding Judgments

The judgment examines the applicability of anticipatory bail provisions under the Maharashtra Control of Organized Crime Act (MCOC Act) in comparison ...

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Supreme Court Upholds Karikho Kri's Election in Arunachal Pradesh: Non-Disclosure of Assets Not Grounds for Invalidating Election. Supreme Court reverses High Court ruling, finds no substantial defect or corrupt practice in Karikho Kri's election despite asset non-disclosures.

The Supreme Court of India set aside a High Court ruling that had declared the election of Karikho Kri void due to non-disclosure of certain assets an...

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Juvenility Claim Rejected Due to Insufficient Evidence; Allahabad High Court’s Inquiry Report Upheld. Writ petition dismissed as court finds age determination report and evidence confirm petitioner’s majority status at the time of offense.

The petitioner was convicted for murder under Section 302 IPC and sentenced to life imprisonment. He later claimed juvenility at the time of the crime...