Search Results for "Section 32(2)"

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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Bombay High Court Allows Writ Petition Challenging Tribunal's Order in Service Transfer Dispute — Transfer on Request Cannot Be Challenged; Tribunal's Direction for Reconsideration Set Aside.

The petitioner, Ganesh Jairam Jagdale, a Tahsildar, challenged a common judgment dated 22/10/2020 of the Maharashtra Administrative Tribunal, Nagpur B...

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Bombay High Court Allows Petition and Quashes Criminal Proceedings in Municipal Notice Case — Lack of Delegation of Powers Under Mumbai Municipal Corporation Act. Notice Issued by Assistant Engineer Without Authorization from Commissioner Held Invalid Under Section 381 of the Act.

The petitioner, Kishanlal Udaylal Jain, through his power of attorney holder, filed a Criminal Writ Petition under Article 227 of the Constitution of ...

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Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement.

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pe...

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High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction for Section 9 Application. Court Holds That Cause of Action Arises Partly in Goa Where Agreements Were to Be Performed, Conferring Jurisdiction on Goa Courts.

The appellants, M/s. Nivaran Solutions (a partnership firm) and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act...

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High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction Under Section 9. Court Holds That Part of Cause of Action Arising in Goa Confers Jurisdiction on Goa Courts.

The appellants, M/s. Nivaran Solutions and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an or...

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Bombay High Court Dismisses Revenue's Appeal in Depreciation Claim Case. Depreciation Being Optional Cannot Be Thrust Upon Assessee When There Is Total Loss Under Section 80IB of Income Tax Act, 1961.

The Revenue appealed against the Income Tax Appellate Tribunal's order allowing the assessee's appeal. The assessee, a company engaged in hotel busine...

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Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...