Search Results for "tribunal's jurisdiction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "tribunal's jurisdiction"

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High Court

Bombay High Court Allows Second Appeal in Muslim Divorce Case — Civil Court Cannot Grant Maintenance and Matrimonial Property Relief in Suit Under Dissolution of Muslim Marriages Act, 1939. Held that reliefs of maintenance and share in jointly owned property are not ancillary to divorce under Section 2 of the Act and must be pursued under separate statutory forums.

2 Aug 2018

The case involves a Second Appeal filed by the husband (appellant) against the judgment of the District Judge, Thane, which partly allowed the wife's ...

High Court

High Court of Karnataka Upholds Penalty of Dismissal Substituted by Compulsory Retirement in Disciplinary Proceeding — State Challenges Tribunal's Modification of Punishment for Misconduct by Typist.

1 Oct 2024

The State of Karnataka and its authorities filed a writ petition under Article 226 of the Constitution of India challenging the order dated 04.01.2018...

High Court

Bombay High Court Partly Allows Teacher's Petition Against Suspension Direction in School Tribunal Order. School Tribunal Exceeded Jurisdiction by Ordering Suspension Pending Enquiry; Management's Prerogative to Suspend Not Subject to Tribunal Direction.

12 Aug 2016

The petitioner, a confirmed assistant teacher employed since 1995, had her services terminated on 5 July 2010 without any disciplinary enquiry. She ap...

High Court

Gujarat High Court Allows Appeal and Enhances Compensation for Pillion Rider Death in Motor Accident Claim. Pillion Rider Cannot Be Held Contributorily Negligent for Rider's Sudden Braking; Compensation Enhanced Under Motor Vehicles Act, 1988.

30 Mar 2026

The appeal arose from a judgment and award dated 10.07.2024 of the Motor Accident Claims Tribunal (Aux.) Mahisagar at Lunawada in M.A.C.P. No. 84 of 2...

High Court

Bombay High Court Dismisses Writ Petition Challenging Possession Notice Under SARFAESI Act — Guarantor's Challenge to Assignment of Debt and Validity of Notice Rejected. Assignment of debt by Bank of Baroda to securitisation company held valid under Section 5 of SARFAESI Act, and possession notice served by registered post complied with Rule 8(1) of Security Interest (Enforcement) Rules, 2002.

16 Aug 2012

The petitioner, Tushar P. Shah, a director and guarantor of respondent no. 2 (M/s. Air Coils Manufacturing Co. Pvt. Ltd.), filed a writ petition chall...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Partnership Dispute — Appellant's Absence No Ground to Set Aside Section 17 Order. Court upholds order directing redeposit of funds and restraining interference with firm's business, holding that the Tribunal acted within its jurisdiction to preserve assets.

9 Apr 2012

The case involves a partnership dispute between Leslie David Isaac (appellant) and Bahadur Bapuji Sanjana (respondent) concerning the firm Elektronik ...

High Court

High Court of Karnataka Allows Appeal in Motor Vehicle Accident Claim — Tribunal Erred in Holding Lack of Jurisdiction. Claimant's Residence at Time of Accident Confers Jurisdiction Under Section 166(2) of Motor Vehicles Act, 1988.

5 Apr 2018

The appellant, Sri Naveen Kumar, filed a claim petition under the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribunal (MACT) at Benga...

High Court

Karnataka High Court Quashes RERA Authority's Refund Order Against Builder for Lack of Jurisdiction as Project Was Completed Before RERA Act Came Into Force. The Court held that the Real Estate (Regulation and Development) Act, 2016 applies only to ongoing projects where completion certificate is not issued, and since partial occupancy certificate was issued prior to the Act, the complaint was not maintainable and the order was without jurisdiction.

2 Jan 2023

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution of India by M/s Provident Housing Limited, a real estate deve...

High Court

Bombay High Court Dismisses Appeal Against Execution of Arbitral Award — Jurisdiction Under Section 42 of Arbitration Act Determined by First Application. Court holds that once a Section 34 petition is filed in a court, that court alone has exclusive jurisdiction to entertain all subsequent applications including execution, regardless of withdrawal.

23 Feb 2015

The case involves an appeal against an order of a learned Single Judge of the Bombay High Court, which negated the appellant's contention that the cou...

High Court

Bombay High Court Allows Appeal, Declares Civil Court Decrees Nullity in Matrimonial Maintenance Case Due to Lack of Jurisdiction Under Family Courts Act, 1984. Jurisdictional bar under Sections 7 and 8 of Family Courts Act, 1984 renders civil court decrees void ab initio in maintenance proceedings under Hindu Adoption and Maintenance Act, 1956.

2 Nov 2018

The case involves a second appeal by Ravindra Sukhdev Ghadge against the judgment and decree of the Civil Judge Senior Division, Aurangabad, and the D...

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