Search Results for "Preliminary Issue"

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Search Results for "Preliminary Issue"

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High Court

Bombay High Court Upholds Labour Court's Finding that Food Service Supervisor is a Workman under Industrial Disputes Act. The court held that the employee, despite being designated as supervisor, lacked power to appoint or dismiss subordinates and thus fell within the definition of workman under Section 2(s) of the Industrial Disputes Act, 1947.

11 Jan 2024

The petitioner, Dr. Balabhai Nanavati Hospital, a public charitable trust, employed respondent No.1 as a Food Service Supervisor on a temporary basis ...

High Court

Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness.

9 Feb 2024

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The compla...

High Court

Bombay High Court Allows Writ Petitions Challenging Tahsildar's Orders for Vehicle Seizure and Demand of Royalty for Sand Transportation Beyond Permit Time. Tahsildar Lacks Jurisdiction to Impose Penalty Under Maharashtra Land Revenue Code for Violation of Minor Mineral Concession Rules, 1963.

17 Oct 2022

The petitioners, owners of vehicles transporting sand, challenged show cause notices and final orders passed by the Tahsildar demanding payment of roy...

High Court

Bombay High Court Quashes Reassessment Notice Against Corporate Debtor Under Insolvency Resolution — Income Tax Department Cannot Issue Section 148 Notice After Approval of Resolution Plan Under IBC, 2016. The court held that the moratorium under Section 14 IBC and the binding nature of the resolution plan under Section 31 IBC bar the Income Tax Department from reopening assessments for periods prior to the approval of the plan.

23 Dec 2021

The petitioner, Murli Industries Limited, a corporate debtor undergoing insolvency resolution under the Insolvency and Bankruptcy Code, 2016 (IBC), ch...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Transport Dispute — Jurisdiction Determined by Place of Wrongful Detention. Order 7 Rule 10 CPC Return of Plaint Set Aside as Trial Court Failed to Consider That Part of Cause of Action Arose Within Its Jurisdiction.

15 Mar 2010

The appellants, Mallikarjun Transport and Chitrarekha Omprakash Khake, were transporters who entered into a contract with Gangapur Cooperative Sugar F...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Arbitration Dispute. Court holds that no part of cause of action arose within its jurisdiction as contract was executed and performed in Chennai, and arbitration venue was Chennai.

16 Oct 2012

The petitioner, M/s. Roman Tarmat Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injunction restrain...

High Court

Bombay High Court Dismisses Developer's Petition Challenging City Civil Court Jurisdiction in Tenant Eviction Suit. Agreement for Sale and Power of Attorney Do Not Create Landlord-Tenant Relationship Under Bombay Rent Act, 1947, Section 28.

15 Dec 2005

The present writ petition challenged an order dated 9.8.2005 passed by the City Civil Court, Bombay, on a preliminary issue of jurisdiction in L.C. Su...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint for Lack of Territorial Jurisdiction in Suit for Declaration and Injunction Regarding Association Name and Monogram. Court holds that under Section 20 of the Code of Civil Procedure, 1908, jurisdiction is determined by the location of the defendant's residence or the cause of action, and mere authorization to file suit does not confer jurisdiction.

2 Apr 2014

The appellant, Akhil Bhartiya Grahak Panchayat, a society registered under the Societies Registration Act, 1860 with its registered office in Delhi, f...

High Court

Bombay High Court Dismisses Petition Challenging Workman Status of General Manager (Research) in Industrial Disputes Act Case. The court held that the nature of duties performed by the employee, not the designation, determines workman status, and the respondent's work was primarily technical and clerical.

27 Jun 2014

The petitioner, M. Visvesvaraya Industrial Research & Development Centre, a nonprofit scientific research organization, challenged an order of the Ind...

High Court

Bombay High Court Dismisses Suit as Barred by Res Judicata and Limitation in Will Execution Dispute. Prior US Surrogate Court decree and delay in filing render suit not maintainable under Section 11 CPC and Limitation Act, 1963.

23 Feb 2015

The suit was filed by Jaswinder Paul Batra, Brinder Batra, and Sunaina Batra (plaintiffs) against Neeru Batra, Baljit Singh, ING Vysya Bank Ltd., and ...

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