COMMERCIAL ARBITRATION PETITION NO. 984 of 2018...
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High Court
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Bombay High Court Allows Supplier in Arbitration Petition as MSEFC Fails to Act on Payment Claim; Section 18 of MSMED Act Creates Statutory Arbitration Agreement Justifying Section 11 Petition....
The dispute involved a supplier who had executed a purchase order dated June 8, 2018, and supplied goods to the respondent buyer. Invoices were raised but amounts remained unpaid. The supplier, being ...
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Bombay High Court Considers Challenge to Penalty Under Maharashtra Stamp Act for Delayed Payment. Court Analyses Effect of Interim Stay on Demand Date Under Section 31(4)....
The petitioner, a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the Constitution challenging demand notices dated 23 December 2013 and 31 December 2014...
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High Court
Bombay High Court Quashes Appellate Tribunal Order in Senior Citizens Act Case Due to Erroneous Treatment of Eviction Claim as Civil Dispute. The Court Holds That Senior Citizens Can Seek Eviction of Adult Children from Their Self-Acquired Property Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Without Resorting to Civil Suit, and That a Daughter-in-law Needs a Specific Order Under Domestic Violence Act to Claim Residence....
The writ petition under Article 227 of the Constitution of India was filed by senior citizens, Chandiram Anandram Hemnani and Sau. Sushila Chandiram Hemnani, against the orders of the Senior Citizens ...
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High Court
High Court of Karnataka Allows Appeal in Rent Control Matter — First Appellate Court Exceeded Jurisdiction Under Section 43 Rule 1(u) CPC by Remanding Suit Without Framing Substantial Question of Law. The High Court held that the First Appellate Court cannot reverse a trial court decree and remand the suit without framing a substantial question of law as mandated by Section 43 Rule 1(u) CPC....
The appellant, Mustaf s/o Goususab Halagali @ Holageri, was the defendant in O.S.No.142/2014 filed by the respondent, Gangadhar s/o Channamallappa Jadagoudar, before the I Additional Senior Civil Judg...
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High Court of Karnataka Allows Appeal Against Remand Order in Injunction Suit — Remand Without Deciding Merits Held Improper. The Court set aside the remand order and directed the First Appellate Court to decide the appeal on merits under Order 41 Rule 23A CPC, as the trial court had not decided the suit on a preliminary point....
The present Miscellaneous Second Appeal was filed by the defendants (appellants) challenging the order dated 17.09.2022 passed by the 1st Additional Senior Civil Judge, Ballari in R.A. No.21/2019, whe...
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High Court of Karnataka Allows Writ Petition Challenging Termination of Temporary Employees by Municipal Corporation — Violation of Natural Justice and Non-Compliance with Standing Orders. Petitioners, daily wage workers, were terminated without notice or opportunity, and the court held that termination of temporary employees without following principles of natural justice and standing orders is illegal....
The petitioners, 16 individuals, were employed as daily wage workers by the Mangaluru City Municipal Corporation (respondent No.2) for several years. They were terminated from service without any prio...
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