Search Results for "Constructive Res Judicata"

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High Court of Karnataka Allows Revision Petition in Permanent Injunction Suit — Plaint Rejected as Barred by Law Under Order VII Rule 11(d) CPC. Non-Disclosure of Cause of Action and Prior Litigation Between Parties Led to Rejection of Plaint as Abuse of Process.

The present case arises from a civil revision petition filed by the defendants (petitioners) against an order of the III Additional Civil Judge, Vijay...

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Bombay High Court Quashes Blacklisting of Supplier by Central Bank of India for Non-Supply Due to Force Majeure. Natural Calamity in Thailand Constitutes Force Majeure Excusing Performance Under Contract Law Principles.

The petitioner, M/s. Acer India (Pvt.) Ltd., a private limited company engaged in supplying computer software and hardware, challenged its blacklistin...

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Bombay High Court Allows Central Excise Appeal in Purification Activity Case — Tribunal's Order Set Aside for Judicial Indiscipline. Purification of excise duty paid goods on job work basis does not amount to manufacture under Section 2(f) of Central Excise Act, 1944, and Tribunal bound by precedents.

The Bombay High Court disposed of Central Excise Appeal No.179 of 2014 and Civil Writ Petition No.279 of 2015 by a common order. The appellant, Sunbel...

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Bombay High Court Dismisses Revision Against Rejection of Section 47 CPC Application in Arbitration Execution — Judgment Debtor Cannot Re-litigate Arbitral Award Validity in Execution Proceedings

The petitioner, M/s Sira Constructions, was the judgment debtor in an execution proceeding arising from an arbitral award passed under the Arbitration...

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Bombay High Court Dismisses Appeal Against Notice to Show Cause in Execution of Consent Decree — Order 21 Rule 22 CPC Notice Upheld as Procedural Step Not Final Adjudication.

The case arises from an appeal filed by Dr. Amir Fidahusain and others against an order dated 12th June, 2006 passed by a learned single Judge of the ...

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Bombay High Court Dismisses Union's Petition Alleging Unfair Labour Practice by Employer. Company's denial of permanency to 15 workmen held not to constitute unfair labour practice under Item 6 of Schedule IV of MRTU & PULP Act, 1971 as workmen failed to prove continuous service.

The petitioner, Maharashtra Association of General Workers, a trade union, filed a writ petition challenging the judgment and order dated November 20,...