Search Results for "second petition maintainability"

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Search Results for "second petition maintainability"

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High Court

High Court of Karnataka Quashes Compromise Decree in Lok Adalat for Abuse of Process. Court finds that a compromise decree passed in Lok Adalat without proper verification of parties and without ensuring free consent is a nullity and liable to be set aside under Article 227 of the Constitution.

21 Feb 2014

The petitioner, Smt. Akkubai, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of a compromise decree da...

Supreme Court

Supreme Court Allows Default Bail to Accused in Corruption Case Due to Expiry of 60-Day Detention Without Charge Sheet. Interpretation of 'Imprisonment for a Term Not Less Than Ten Years' Under Section 167(2) of the Code of Criminal Procedure, 1973, Clarified; Bail Right Accrues on Expiry of Maximum Detention Period, Not Defeated by Later Filing of Charge Sheet.

1 Aug 2026

The Supreme Court addressed the right to default bail under Section 167(2) of the Code of Criminal Procedure, 1973, in a case arising from a corruptio...

Supreme Court

Supreme Court Allows Default Bail in PC Act Case, Holds Detention Period of 60 Days Applies When Maximum Sentence is Not Explicitly at Least Ten Years. The Court Interprets 'Imprisonment for a Term Not Less Than Ten Years' in Section 167(2) CrPC to Grant Default Bail When Charge Sheet Not Filed Within 60 Days.

1 Aug 2026

These Special Leave Petitions were preferred against the order of the Gauhati High Court dated 11.01.2017 rejecting the bail application of the petiti...

High Court

High Court of Karnataka Dismisses Review Petition Seeking to Declare Earlier Order Without Jurisdiction in Religious Trust Dispute. Petitioner's challenge to Mokthesari Sannad and earlier writ order fails as review not maintainable and no jurisdictional error shown.

2 Sep 2014

The petitioner, B Keerthivarma Shetty, filed writ petitions under Articles 226 and 227 of the Constitution of India seeking a declaration that the ord...

High Court

Bombay High Court Hears Writ Petition Challenging Revisional Order Directing Execution Court to Follow Order 21 CPC for Judgment-Debtors' Objections to Consent Decree. The petition concerns execution of a consent eviction decree under the Maharashtra Rent Control Act, 1999, where the judgment-debtors claimed the decree was void due to non-joinder of the landlord.

21 Jul 2017

The petitioner, a monthly tenant of certain premises, sub-let the same to the respondent firm for running a school. Alleging unauthorized commercial u...

High Court

High Court of Bombay Considers Enforcement of Foreign Arbitral Award Under Sections 46 and 47 of Arbitration and Conciliation Act, 1996 — Dispute Arises from International Sale of Steel Coils Where Italian Company Sought to Enforce Award Against Indian Steel Manufacturer.

13 Oct 2015

The case concerns a petition filed under Sections 46 and 47 of the Arbitration and Conciliation Act, 1996, seeking enforcement of a foreign arbitral a...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Revision Petition Under Section 264 of Income Tax Act, 1961 — Mistake in Return of Income Due to Inadvertent Error by Accountant. Court holds that the Principal Commissioner ought to have considered the petitioner's explanation of a bona fide mistake and set aside the intimation under Section 143(1) to allow rectification.

8 Apr 2021

The petitioner, an individual, filed her return of income for Assessment Year 2018-19 on 20 July 2018, showing total income of Rs. 27,05,646/- from ho...

High Court

Bombay High Court Appoints Sole Arbitrator in Family Dispute Over Partnership and Company Matters — Mediation Failed. Court holds that disputes arising from Deed of Family Settlement and Partnership Deed are arbitrable and that non-signatory companies can be joined as parties to arbitration.

20 Jun 2013

The case involves two groups of the same family, the CPS group (Chandrakant Phoolchand Sanghvi and others) and the APS group (Anilkumar Phoolchand San...

High Court

High Court of Karnataka Dismisses Writ Petition by Chinese Company Challenging DRAT Order in Debt Recovery Matter — Maintainability of Writ Against Interlocutory Orders Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The court held that a writ petition under Articles 226 and 227 of the Constitution is not maintainable against an interlocutory order passed by the DRAT in a pending appeal, as the petitioner has an alternative remedy of statutory appeal under Section 20 of the RDB Act.

8 Jan 2018

The petitioner, Sepco Electric Power Construction Corporation, a Chinese company, filed a writ petition under Articles 226 and 227 of the Constitution...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeals Against Section 163A Awards — Claim Petitions Under Section 163A Are Maintainable Even If Claimants Are Third Parties or Passengers. The court held that Section 163A of the Motor Vehicles Act, 1988 provides a no-fault liability scheme and does not restrict its application to owners or their legal representatives; it applies to all persons suffering death or permanent disablement in a motor accident.

30 Nov 2018

The judgment involves two appeals filed by the United India Insurance Company challenging the awards passed by the Motor Accident Claims Tribunal unde...

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