Search Results for "Mandatory"

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Grant of Deemed Conveyance: Upholding Rights of Housing Societies Despite Unlawful Construction. Balancing flat purchasers' statutory rights with developers' non-compliance under the Maharashtra Ownership of Flats Act (MOFA).

The Bombay High Court addresses the pivotal issue of whether an illegal or unauthorized building structure impairs a cooperative housing society's sta...

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"Nagpur High Court Affirms Trial of Juvenile as Adult in Heinous Crime" "Balancing Juvenile Justice Act safeguards with the gravity of the offense and the evidence presented."

The Nagpur Bench of the Bombay High Court upheld the decision of the Juvenile Justice Board (JJB) and the Additional Sessions Judge to try Mustafa Kha...

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"Faceless Tax Assessments: Bombay High Court Quashes Order Violating Natural Justice" Ensuring procedural compliance under Section 144B of the Income Tax Act.

The legality of an income tax assessment order passed in violation of Section 144B of the Income Tax Act, 1961. The Bombay High Court held the order t...

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Bombay High Court Judgment on "Protected Workmen" Under the Industrial Disputes Act. Clarifying Recognition and Protection for Union Office Bearers.

The Bombay High Court dealt with Tata Communications Limited's challenge against the Regional Labour Commissioner's decision to declare certain union ...

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"High Court Weighs Urgency and Compliance Under the Commercial Courts Act" "Balancing urgency with legal mandates for pre-institution mediation in commercial disputes."

The Bombay High Court examined whether the suit filed by the plaintiff, Ekta Housing Pvt. Ltd., against Shraddha Shelters Pvt. Ltd. adhered to Section...

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Petitioner’s Appeal Reinstated as Dismissal Grounds Found Invalid; Directions Issued for De Novo Consideration. High Court quashes Appellate Authority's dismissal due to procedural irregularities and remands for reconsideration.

The High Court quashed the impugned order dismissing the Petitioner’s appeal due to alleged non-compliance with pre-deposit requirements and lack of...

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"Judgment Debtor’s Liability to Pay Interest Clarified: Deposit in Appellate Court Does Not Cease Accrual of Interest" "Bombay High Court reiterates the conditions for cessation of interest under Order XXI, Rule 1 of CPC."

This case examines the cessation of interest on a decretal amount deposited by the judgment debtor in an appellate court, rather than the executing co...

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"Supreme Court's Landmark Judgment on Arbitrator Appointment in Public-Private Contracts" "Balancing Party Autonomy and Equality in Arbitration Proceedings"

The Supreme Court examined the validity of certain arbitration appointment procedures under the Arbitration and Conciliation Act, 1996. The judgment a...

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Championing Accessibility: Supreme Court Mandates Barrier-Free Public Spaces. A Landmark Judgment Ensuring Equal Access to Public Spaces for Persons with Disabilities (PWDs)

The Supreme Court of India's judgment in Rajive Raturi v. Union of India underscores the right of persons with disabilities (PWDs) to accessible publ...

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"Rejection of Nomination for Chembur Constituency: A Judicial Review of Procedural Compliance" "Ensuring procedural integrity in electoral nominations under the scrutiny of the judiciary."

The Bombay High Court dismissed a writ petition challenging the rejection of a nomination to contest the Maharashtra Legislative Assembly elections. T...