Search Results for "Jurisdictional Objection"

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Search Results for "Jurisdictional Objection"

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High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Reasons and Non-Application of Mind. The court held that the Assessing Officer failed to provide recorded reasons to the assessee and did not apply his mind to the fact that the transaction was already disclosed and examined during the original assessment under Section 143(3).

5 Sep 2023

The petitioner, Ashraf Chitalwala, an individual resident of India, filed his original return of income for Assessment Year 2015-16 on 27th September ...

High Court

Bombay High Court Dismisses Writ Petition of School Management Challenging Reinstatement Order — Termination of Employee Without Enquiry Violates Natural Justice and Section 5 of MEPS Act, 1977. The court upheld the Education Inspector's order directing reinstatement with back wages as the school failed to hold any disciplinary enquiry before terminating the employee.

5 Dec 2023

The petitioner, Uttar Bhartiya Education Society and the Head Mistress of Acharya Narendra Dev Vidyamandir, filed a writ petition challenging the orde...

High Court

Bombay High Court Allows Petition by School Management Against Labour Court Order in Reinstatement Dispute — Violation of Natural Justice Found as Employee Not Given Opportunity to Cross-Examine Witnesses. Principles of Natural Justice Require Full Opportunity to Defend, Including Cross-Examination, Before Adverse Order Can Be Passed Under Section 30 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

5 Dec 2023

The petitioners, President/Secretary of Uttar Bhartiya Education Society and Head Mistress of Acharya Narendra Dev Vidyamandir, challenged the order o...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child from Mother. Habeas Corpus Not Maintainable When Child in Lawful Custody of Mother; Proper Remedy Under Guardians and Wards Act, 1890.

6 Dec 2023

The petitioner, Richard Alexander Geary, a UK citizen, married respondent No. 2, Aishvarya Krishnan Geary, an Indian citizen, in New York on 26 Decemb...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Reversal of Demolition Order in Panchayat Dispute. Petitioner's challenge to revision order quashing demolition notice fails as revision was maintainable under Section 201-B of Goa Panchayat Raj Act, 1994 and the demolition notice was not preceded by proper opportunity of hearing.

7 Dec 2023

The case involves a dispute between family members over an alleged illegal extension to a residential house. The petitioner, Jose Rebello, complained ...

High Court

Bombay High Court Dismisses Petition Challenging Concurrent Orders in Suit Under Section 33 of Maharashtra Rent Control Act, 1999 — Petitioner Failed to Show Any Error in Findings of Courts Below.

6 Jun 2022

The petitioner, M/s Columbia Hospital & Research Centre Pvt. Ltd., was the original defendant No.9 in a suit filed by respondent No.1, M/s Maharashtra...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act Against Rejection of Section 9 Petition — Interim Relief Granted to Foreign Investor in Shareholder Dispute. Court holds that the arbitral tribunal's jurisdiction to decide on interim measures does not preclude the court from granting interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, especially when the tribunal is not yet constituted.

29 Jan 2021

The Appellant, Aniket SA Investments LLC, a foreign investor and shareholder in Respondent No. 1 (Janapriya Engineers Syndicate Private Limited), file...

High Court

Bombay High Court Dismisses Writ Petition Challenging CESTAT Order Rejecting Recall of Fraud Finding in CENVAT Credit Case. Court holds that CESTAT's finding of mis-statement and fraud was not a reviewable error and that the Tribunal had inherent power to impose costs for abuse of process.

25 Mar 2021

The petitioner, Essel Propack Limited, a company engaged in manufacturing plastic tubes, filed a writ petition under Article 226 of the Constitution o...

High Court

Bombay High Court Quashes Conviction for Non-Compoundable Offences Based on Settlement — Exercise of Inherent Powers Under Section 482 CrPC to Secure Ends of Justice. The court held that even non-compoundable offences can be quashed if parties have genuinely settled and continuation would be an abuse of process.

9 Jul 2021

The applicants, Madhav Govindrao Sathe and Shvaji Govindrao Sonkamble, were convicted by the Judicial Magistrate First Class, Mukhed, on 26 June 2013 ...

High Court

Bombay High Court Dismisses Second Appeal by Stranger Purchasers Against Decree of Specific Performance — Upholds Rejection of Condonation of 1869 Days Delay. The Court held that a stranger purchaser claiming through a defendant cannot seek condonation of inordinate delay without showing sufficient cause, and the lower appellate court's refusal to condone delay was not erroneous.

21 Feb 2020

The case arises from a second appeal filed by Narayansingh s/o Omkarsingh Baghel and Roshan son of Narayansingh Baghel (appellants) against an order d...

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