Search Results for "Void Order"

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Search Results for "Void Order"

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High Court

Bombay High Court Allows Appeals of Assistant Teachers in School Termination Dispute — Appointment Not Void Ab Initio Despite Non-Compliance with M.E.P.S. Act, 1977. School Tribunal's Order of Reinstatement Upheld as Management Failed to Follow Proper Termination Procedure Under Section 5 of the Act.

17 Jan 2020

The case involves three Letters Patent Appeals filed by Assistant Teachers (Smt. Shobha Karve, Smt. Sharada Sureshrao Deshmukh, and Smt. Asha A. Gavka...

Supreme Court

Supreme Court Allows Appeals of Returned Candidate in Karnataka Legislative Council Election Dispute — Nominated Members' Voting Rights Upheld. The Court held that nominated councillors under Section 352(1)(b) of the Karnataka Municipalities Act, 1964 are entitled to vote, reversing the High Court's decision that had set aside the election.

16 Jul 2026

The case pertains to the election to the Karnataka Legislative Council from the 12-Chikkamagaluru Local Authorities Constituency held in 2021. The con...

High Court

Bombay High Court Declares Assignment of Assets by Ex-Director Void Under Sections 536(2) and 537(1)(b) of Companies Act, 1956 — Post-Winding Up Sale Without Court Leave Invalid. The court held that any disposition of company property after winding up without court approval is void, and subrogation does not permit sale of assets without leave of the court.

21 Oct 2015

The judgment concerns two reports filed by the Official Liquidator seeking a declaration that a Deed of Assignment dated 14.03.2012 executed by Mr. Sh...

Supreme Court

Supreme Court Dismisses Appeal Challenging Abolition of Odisha Administrative Tribunal — Power to Abolish SATs Upheld Under General Clauses Act and Article 323-A. The Court held that the Union Government has the power to abolish a State Administrative Tribunal established under the Administrative Tribunals Act, 1985, and the notification dated 2 August 2019 is valid.

21 Mar 2023

The Supreme Court dismissed an appeal against the Orissa High Court judgment upholding the abolition of the Odisha Administrative Tribunal (OAT). The ...

High Court

Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

8 Jan 2024

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

High Court

Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

15 Sep 2010

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order 7 Rule 11 CPC Not Applicable When Plaint Discloses Cause of Action. Court holds that rejection of plaint under Order 7 Rule 11 CPC is permissible only if the plaint does not disclose a cause of action, and the court cannot go beyond the averments in the plaint.

11 Mar 2022

The appellant, Sri Nath M.S., filed a suit for partition and separate possession of suit schedule properties against the respondents, who are his fami...

High Court

Bombay High Court Hears Challenge to Section 14 Order and Auction Under SARFAESI Act, 2002; Petitioner Alleges Violation of Natural Justice. The Court Examines Maintainability of Writ Petition Given Available Alternate Remedy Under Section 17.

9 Nov 2021

The petitioner, a sole proprietor of a knitwear unit, had availed term loan and cash credit facilities aggregating Rs. 4.55 crores from respondent no....

High Court

High Court of Judicature at Bombay Reviews Writ Petition by Tenant Challenging Eviction Decree Under Bombay Rent Act; Dispute Involves Alleged Encroachment, Nuisance, and Non-User in Koregaon Park Property. Petition Challenges Concurrent Findings of Small Causes Court and District Court Directing Handover of Vacant Possession of Bungalow 'Gardenia' on Grounds Under Sections 13(1)(a), 13(1)(b), 13(1)(c), 13(1)(k) of Bombay Rent Act, 1947.

4 Apr 2024

This writ petition arose from a landlord-tenant dispute concerning a bungalow known as 'Gardenia' at House No. 108, Koregaon Park, Pune. The petitione...

High Court

Bombay High Court Dismisses Delay Condonation Application in Specific Performance Suit — Unexplained Delay of Over 8 Years Not Condonable. Cross-Objection Filed After 3015 Days Without Sufficient Cause Rejected Under Section 5 of Limitation Act, 1963.

19 Dec 2018

The judgment pertains to an application for condonation of delay of 3015 and 3166 days in filing cross-objection in Second Appeals No. 658/2007 and 70...

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