Search Results for "futility"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "futility"

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High Court

High Court of Bombay Upholds Labour Court Award in Favor of Workman in MSRTC Dismissal Case — 25% Back Wages Granted for Procedural Violation. Dismissal Quashed as Enquiry Officer Was Not Appointed by Competent Authority Under Section 6(6) of Industrial Disputes Act, 1947.

9 Aug 2019

The petitioner, the Divisional Controller of Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment and award dated 4.8.2018 of...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Nil Tax Withholding Certificate Under Section 197 of Income Tax Act, 1961 — Holds That Payments for International Delivery Services Are Not Royalty or Fees for Technical Services Under DTAA. The court directed issuance of nil withholding certificate as the payments are business profits not taxable in India under Article 7 of the India-USA DTAA.

30 Sep 2013

The petitioner, UPS Worldwide Forwarding Inc., a US company, challenged an order dated 21 March 2013 passed by the Director of Income Tax (Internation...

High Court

Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided.

27 Sep 2013

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree...

High Court

Bombay High Court Dismisses Retired Government Servant's Petition Challenging Tribunal Order on Promotion Claims. Petitioner's claim for promotion from 1979 rejected due to delay and laches as he approached Tribunal in 1991 after retirement in 1988.

5 Aug 2013

The petitioner, Gopalrao Ambadasrao Borikar, a retired Deputy Collector, filed a writ petition under Articles 226 and 227 of the Constitution of India...

High Court

Bombay High Court Dismisses Petitions Challenging Condonation of Delay in Food Adulteration Complaints — Delay Caused by Referral to Second Analyst Held Reasonable. The court upheld the Magistrate's order condoning delay under Section 468 CrPC, finding that the time taken for second analysis under Section 13(2) of the Prevention of Food Adulteration Act, 1954 constituted a reasonable cause.

14 Jun 2013

The petitioner, Sakhahari Vyankatrao Borlepawar, a vendor and partner of M/s Pravin Agencies, filed four criminal writ petitions challenging a common ...

High Court

Bombay High Court Dismisses Quashing Petitions in Cheque Dishonour Cases — Reiterates That Rebuttable Presumption Under Section 139 of NI Act Stands Until Accused Proves Otherwise. The court held that at the quashing stage, the accused cannot rely on defence evidence to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881, and the complaints must proceed to trial.

25 Mar 2013

The applicant, Subhash Birdichand Patni, filed two criminal applications under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing o...

High Court

Bombay High Court Makes Arbitration Award Rule of Court in Favour of Petitioner Despite Pending Supreme Court Appeal. No Stay of Execution Obtained by Respondent, Award Enforceable Under Section 17 of Arbitration Act, 1940.

21 Jun 2006

The petitioner, Bharat Petroleum Corporation Ltd., filed an Arbitration Petition under Section 17 of the Arbitration Act, 1940, seeking to make an arb...

High Court

Bombay High Court Allows Writ Petition Against Rejection of KVSS Declaration — Post-Manufacturing Expenses Dispute. The court held that an appeal is pending until the order is communicated to the party, and thus the declaration under Section 95 of the Finance (No.2) Act, 1998 was validly filed.

19 Jan 2006

The petitioner, M/s. Pepsico India Holdings Ltd., a company engaged in manufacturing aerated water, soft drinks, and fruit-pulp based drinks, was issu...

High Court

Bombay High Court Allows Amendment of Plaint in Suit for Specific Performance and Injunction - Amendment Sought to Include Claim for Damages and Additional Reliefs. The court permitted the plaintiffs to amend the plaint under Order 6 Rule 17 CPC, holding that the amendment did not introduce a new cause of action and was necessary for the complete adjudication of the dispute.

17 Feb 2005

The present chamber summons was filed by the plaintiffs under Order 6 Rule 17 of the Code of Civil Procedure, 1908, seeking amendment of the plaint in...

High Court

Bombay High Court Dismisses Petition Challenging Sanction for Prosecution Under Prevention of Corruption Act — Sanctioning Authority's Application of Mind Not Vitiated by Non-Supply of Documents. The court held that Section 19 of the Prevention of Corruption Act, 1988 does not require supply of documents to the accused before grant of sanction, and the sanction order was valid as the authority had perused the relevant material.

30 Nov -0001

The petitioners, who were employees of a public sector undertaking, filed a writ petition challenging the sanction for prosecution granted under Secti...

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