Search Results for "Section 9"

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Search Results for "Section 9"

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Supreme Court

Supreme Court Allows Landowner's Appeal in Arbitration Dispute Over Development Agreement Validity. Clause 18 of Development Agreement Held as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996, Reversing High Court's Dismissal of Section 11 Application.

7 Sep 2022

The dispute originated from a Development Agreement dated 29.05.2014 between the appellant landowner and respondent developer for construction of an a...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

Supreme Court

Supreme Court Allows Transfer Petition in Hindu Marriage Act Case for Mediation. Proceedings Under Section 9 of Hindu Marriage Act, 1955 Transferred from Maharashtra to Delhi Based on Facts and Circumstances, with Directions for Settlement Exploration.

5 Sep 2022

The dispute arose from a transfer petition filed by the petitioner-wife seeking to relocate proceedings under Section 9 of the Hindu Marriage Act, 195...

Supreme Court

Supreme Court Upholds Municipal Corporation's Land Acquisition for Road Construction Under Mumbai Municipal Corporation Act. Municipal Corporation Validly Exercised Independent Powers Under MMC Act Without Requiring Road Inclusion in Development Plan Under MRTP Act, With Public Interest Justifying Acquisition Despite Property Owners' Objections.

2 Sep 2022

The dispute originated from the Municipal Corporation of Mumbai's efforts to acquire portions of the appellants' property for constructing a link road...

Supreme Court

Supreme Court Dismisses Appeals in Waqf Management Dispute, Upholding High Court's Revisional Order. The Court affirmed that a local unit of a registered society lacks legal standing to sue under the Societies Registration Acts unless authorized by byelaws, and revisional jurisdiction under Section 83(9) proviso of the Waqf Act, 1995, though narrower, permits correction of fundamental legal errors.

30 Mar 2022

The dispute arose from cross-suits between the Salafi Juma Masjid Mahal Committee and Salafi Trust over the management and administration of a mosque ...

Supreme Court

Supreme Court Allows Contractor's Appeal in Money Recovery Suit, Restoring Claims for Security Deposit, Overheads, and Loss of Profit. The Court Held That Abandonment of Work Was Not Established Under Contract Law, as Respondents Failed to Invoke Rescission Clause and Contractor's Actions Were Due to Delays and Modifications by Respondents.

30 Mar 2022

The dispute involved a contractor who filed a suit for recovery of money against government respondents after a tender for a water supply scheme. The ...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Appellate Tribunal's Failure to Consider Evidence on Limitation. Matter Remanded to NCLAT for Fresh Consideration of Acknowledgment Under Section 18 of Limitation Act, 1963 in Context of Section 9 Insolvency and Bankruptcy Code, 2016 Application.

29 Mar 2022

The dispute arose from an operational creditor's application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against a corporate debtor fo...

Supreme Court

Supreme Court Dismisses Appeal in Service Law Case Due to Improper Inquiry Committee Constitution. The Inquiry Against a Principal Was Vitiated as the President of the Management Was Not a Member as Required Under Rule 36(2)(b) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.

29 Mar 2022

The appeal arose from the removal from service of the first respondent, who served as Principal of an Institute of Pharmacy run by the appellant Educa...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Sets Aside NCLAT Order in Insolvency Appeal Due to Lack of Reasonable Opportunity of Hearing. The Court held that the appellant was deprived of a hearing as notice was undelivered and the order was passed in its absence after remand, restoring the matter to the Appellate Tribunal for fresh decision on merits under Section 9 of the Insolvency and Bankruptcy Code, 2016.

28 Mar 2022

The Supreme Court addressed an appeal concerning an order passed by the National Company Law Appellate Tribunal in an insolvency matter. The dispute o...

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