Search Results for "reference jurisdiction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "reference jurisdiction"

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Supreme Court

Supreme Court Allows Execution Decree Holder to Seek Possession Against Third Party Resisters Under Order XXI Rule 97 CPC. The Court held that executing court can decide objections of third parties claiming independent title without requiring a separate suit, and amendment of execution petition is permissible to avoid multiplicity.

18 Dec 2020

The case arises from a specific performance decree obtained by Ayyavoo Udayar (predecessor of appellants) against vendors (respondent nos. 3 and 4) fo...

Supreme Court

Supreme Court Upholds Registrar's Refusal to Register Curative Petitions in Interest on Delayed Payments Act Case. Curative Petitions Cannot Be Entertained When Review Petitions Are Dismissed in Open Court, Not by Circulation, Under Supreme Court Rules, 2013.

26 Feb 2024

The dispute originated from the maintainability of a suit under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings ...

High Court

Bombay High Court Allows Appointment of Arbitrator Under Section 11 of Arbitration Act for Disputes Arising from Agreements Containing Arbitration Clause. Court Appoints Sole Arbitrator to Adjudicate Disputes Between Parties.

11 Jan 2024

The petitioner, Hyund Construction Equipment India Pvt. Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking...

High Court

Bombay High Court Dismisses Writ Petition Challenging CAT's Lack of Jurisdiction Over Army Officer's Deputation Dispute. Central Administrative Tribunal Correctly Held That Service Matters of Armed Forces Personnel Fall Within Exclusive Jurisdiction of Armed Forces Tribunal Under Armed Forces Tribunal Act, 2007.

28 Jul 2023

The petitioner, Lt. Col. Anjan Kumar Sinha, an officer in the Indian Army, applied for and was selected for the post of Registrar at the Armed Forces ...

High Court

Bombay High Court Allows Co-operative Bank's Petition to Recover Training Costs from Employees Who Resigned After Training — Training Bond Enforceable Under Contract Law. The court held that training bonds are not unconscionable and the bank is entitled to recover actual training costs under Sections 73 and 74 of the Indian Contract Act, 1872, as the employees voluntarily executed the bonds and the bank incurred expenses.

12 Jul 2023

The Bombay High Court, in a writ petition filed by The Satara District Central Co-operative Bank Ltd. (the Bank), challenged the order of the Commissi...

High Court

Bombay High Court Quashes Review and Rectification Orders in MVAT Case Due to Lack of Jurisdiction and Violation of Natural Justice. Petitioner's claim for deduction under Rule 58 of MVAT Rules for works contract was wrongly rejected by review order passed beyond limitation period and without proper hearing.

3 Aug 2023

The petitioner, Kalpataru Power Transmission Ltd., challenged a review order dated 8th March 2021 passed by the Deputy Commissioner of State Tax under...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Suit for Possession and Declaration of Title — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Specific Relief Act. The court held that the trial court erred in relying on extraneous material and that the plaint averments showed the suit was within limitation under Article 65 of the Limitation Act, 1963.

27 Jul 2022

The appellant, Manu Babu Patel, original plaintiff no.1, along with respondent no.7 (original plaintiff no.2), filed a suit in the Civil Judge, Senior...

High Court

Bombay High Court Quashes Summons in Cheque Dishonour Cases for Lack of Territorial Jurisdiction. Magistrate at Mumbai had no jurisdiction as no part of cause of action arose within its territorial limits under Section 138 of Negotiable Instruments Act, 1881.

4 May 2011

The Bombay High Court considered a group of applications under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of process issued...

High Court

Bombay High Court Dismisses Notice of Motion Seeking Interim Relief to Enforce Foreign Judgment — Foreign Judgment Not Deemed Decree Until Suit Decided; No Prima Facie Case for Interim Attachment of Properties.

14 Jun 2011

The plaintiffs, Dhirajlal alias Dhirubhai Babaria and Ashwin alias Ashwinbhai Babaria, both citizens of the United States, filed a suit in the Bombay ...

High Court

Bombay High Court Allows Writ Petitions Challenging Penalty Under Central Sales Tax Act for Alleged Misuse of Declared Forms. Court holds that penalty under Section 10(d) read with Section 10A of the CST Act, 1956 cannot be imposed without establishing mens rea or conscious violation of law.

13 Feb 2019

The petitioner, M/s. Brijda Roadlines Pvt. Ltd., a transport company engaged in the business of transporting goods and holding a dealership from Bhara...

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