Search Results for "Preliminary Issue"

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Search Results for "Preliminary Issue"

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High Court

High Court Reconsiders Validity of Appellate Side Rule on Marathi Translations After Earlier Division Bench Held It Unconstitutional. Larger Bench Examines Whether Litigants Were Heard Before Rule Declared Null and Void Under Article 348.

7 May 2010

The matter arose from a writ petition filed by a practicing advocate who was prevented by the High Court Registry from filing a petition without first...

High Court

Bombay High Court Upholds School Tribunal's Jurisdiction Over D.Ed. College Teacher's Appeal Under MEPS Act — D.Ed. College is a 'School' Under Section 2(24) of the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977, and the School Tribunal Has Jurisdiction Under Section 9 to Entertain Appeals from Teachers of Such Colleges.

24 Mar 2023

The case involves a dispute between Hashmiya Bahrul Faiz Social Welfare Association (the Petitioner), which runs a D.Ed. College for girls in Solapur,...

High Court

Bombay High Court Sets Aside Civil Court Order Disposing of Suit Under Section 9A CPC — Preliminary Issue of Jurisdiction Cannot Result in Disposal of Suit or Vacation of Injunction. The court held that Section 9A CPC only permits deciding jurisdiction as a preliminary issue, not disposing of the suit or vacating interim orders.

5 Jul 2012

The petitioner, Shri Popat Jaysingh Rajpure, filed a civil suit against the State of Maharashtra and other revenue officials (defendant Nos.1 to 8) an...

High Court

Bombay High Court Remands Unfair Labour Practice Complaints for Fresh Adjudication — Industrial Court's Dismissal for Default Set Aside Due to Non-Compliance with Procedural Requirements. Workers' Complaints Under MRTU & PULP Act to Be Heard Anew on Merits.

18 Feb 2016

The judgment concerns two writ petitions filed by workers against the dismissal of their complaints under the Maharashtra Recognition of Trade Unions ...

High Court

Bombay High Court Dismisses Petitions by Non-Signatories Under Section 37 of Arbitration Act. Third Parties Cannot Appeal Interim Arbitral Orders Absent Privity of Arbitration Agreement.

31 Aug 2018

The dispute arose from arbitration proceedings between Excel Metal Processors Pvt. Ltd. (respondent no.1) and Shakti International Private Limited (re...

High Court

Full Bench of Bombay High Court Considers Whether Election Dispute Remedy Under Section 16 of Maharashtra Municipal Corporations Act, 1949 and Section 21 of Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 Applies to Challenge Nomination of Nominated Councillors. The Court Examines Conflict Between Two Division Bench Decisions on the Maintainability of Such Petitions.

11 Mar 2016

The matter arose from two writ petitions. Writ Petition No. 11278 of 2012 was filed by Shri Anil (Vidyarthi) Chanderlal Ailani, a former elected counc...

High Court

High Court of Bombay Considers Whether Aurangabad Court Had Territorial Jurisdiction Under Section 9 of the Arbitration Act for Property in Hingoli. District Court Held It Lacked Jurisdiction; Appeal Outcome Not Provided.

9 May 2014

The dispute arose out of a partnership firm, M/s Kasliwal Empire, formed by the appellant and respondent on 7.3.2007 for developing housing projects. ...

High Court

Bombay High Court Rejects Preliminary Objection to Maintainability of Winding Up Petition, Holding Statutory Notice Issued Before Assignment Valid Under Section 434 of Companies Act, 1956. Unliquidated Damages Claim Cannot Defeat Admitted Debt; Petition Maintainable Even If Notice Given by Original Creditor Before Assignment of Debt to Petitioner.

24 Feb 2005

The case arose from a company petition filed under Sections 433 and 434 of the Companies Act, 1956 by Clicquot Asia Limited, a foreign manufacturer of...

Supreme Court

Supreme Court Allows SEBI's Appeal Against Securities Appellate Tribunal's Order Setting Aside Penalties for Fraudulent Diversion of Funds. The Court Held That Immediate Diversion of Preferential Allotment Proceeds from Disclosed Objects Constitutes Fraudulent and Unfair Trade Practices Under SEBI PFUTP Regulations, 2003, and Ratification Cannot Cure Such Violations.

17 Mar 2026

The dispute arose from Securities and Exchange Board of India's (SEBI) action against Terrascope Ventures Limited (formerly Moryo Industries Limited) ...

Supreme Court

Supreme Court Upholds Management in Industrial Dispute Over Jurisdiction of Tribunal to Determine Existence of Strikes Under Section 10(1) of Industrial Disputes Act, 1947. Held that the Tribunal cannot go beyond the terms of reference which assumed the existence of strikes and lock-out, and must confine itself to deciding legality and justification.

14 Oct 1966

The case involved industrial disputes between the management of Delhi Cloth Mills and Swatantra Bharat Mills (two units of Delhi Cloth & General Mills...

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