Search Results for "exceeding jurisdiction"

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Bombay High Court Allows Appeal in Workmen's Compensation Case — Employer Not Liable for Injury Not Arising Out of Employment. Seaman's Back Injury While Shifting Food Boxes Held Not Covered Under Section 3 of Employees' Compensation Act, 1923 as Injury Did Not Arise Out of and in Course of Employment.

The case involves an appeal by M/s Denklay Marine Services Ltd. and M/s Orinoco Marine Consultancy India Pvt. Ltd. against the judgment and order date...

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Bombay High Court Holds Civil Court Cannot Regularise Encroachment on Forest Land in Contravention of Forest (Conservation) Act, 1980 — Government Resolution of 1979 Cannot Override Section 2 of the Act.

This is a reference made by the Joint Civil Judge, Junior Division, Kannad under Section 113 of the Code of Civil Procedure, 1908, seeking answers to ...

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Bombay High Court Dismisses Appeal Against Arbitral Award on Retention Money Refund. Jurisdictional Objection Under Section 16(2) of Arbitration and Conciliation Act, 1996 Must Be Raised at Earliest Opportunity.

The case involves an appeal against a judgment of a Learned Single Judge of the Bombay High Court, which affirmed an arbitral award granting refund of...

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Bombay High Court Dismisses Application to Set Aside Arrest of Foreign Vessel in Admiralty Suit — Plaintiffs' Claim for Supply of Bunkers and Stores Falls Within Admiralty Jurisdiction Under Section 4(1) of the Admiralty Act, 2017.

The plaintiffs, Universal Marine and Ramanand Padiyar, filed an admiralty suit against the vessel M.T. Hartati (a Singapore-flagged vessel) and its ma...

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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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Secondary Evidence and Power of Attorney in Property Transactions: Supreme Court Clarifies Scope of Section 65 Evidence Act and Section 100 CPC i

n Tharammel Peethambaran v. T. Ushakrishnan, the dispute arose from the sale of immovable property executed by the defendant acting as an alleged agen...

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Supreme Court Allows Appeal by Special Police Establishment Against Direction to Supply Sanction Details Under RTI Act. Information Regarding Grant of Sanction for Prosecution Under Prevention of Corruption Act Held Exempt Under Section 8(1)(h) of RTI Act as Impeding Investigation and Prosecution.

The case involves an appeal by the Special Police Establishment (appellant) against a direction by the High Court of Madhya Pradesh to supply informat...

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Bombay High Court Allows Appeal by Employer in Industrial Dispute — Tribunal Award Set Aside for Lack of Jurisdiction. The Court held that the Industrial Tribunal had no jurisdiction to entertain the reference as the dispute was not an industrial dispute under the Industrial Disputes Act, 1947.

The present appeal is directed against the order passed by the learned Single Judge in Writ Petition No.4009/1997, on 19th of September, 2007. The pre...

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Bombay High Court Quashes Charge Sheet Against Income Tax Officer for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction from the Central Government are invalid as the officer was not removable from service without such sanction.

The petitioner, Shri Nai Pal Singh, an employee of the Income Tax Department working as Commissioner of Income Tax (Departmental Representative), file...