Search Results for "second petition maintainability"

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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...
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Search Results for "second petition maintainability"

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High Court

Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator Despite Pending Civil Suit. Filing of a civil suit does not constitute waiver of arbitration rights unless the suit seeks to enforce the same cause of action against the same parties.

24 Jul 2019

The petitioner, Indapur Dairy And Milk Products Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside District Court's Order That Had Set Aside Arbitral Award on Grounds Beyond Section 34 Scope. The Court Held That Reappreciation of Evidence Is Not Permissible Under Section 34 of the Arbitration and Conciliation Act, 1996, and the District Court Exceeded Its Jurisdiction.

21 Nov 2019

The appellant, M/s. Scigen Biopharma Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order d...

High Court

Bombay High Court Dismisses Letters Patent Appeal in Tenancy Dispute — Tenant Entitled to Possession Under Section 120 of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. Purchaser's Forcible Possession After Tenant Acquired Statutory Ownership Does Not Extinguish Tenant's Right to Seek Possession Under the Act.

8 Dec 2005

The case involves a Letters Patent Appeal filed by Shamrao Deoba Kathole against the judgment of a learned Single Judge of the Bombay High Court, Nagp...

Tribunals

NCLAT Dismisses Appeal Against NCLT Order in Company Petition for Oppression and Mismanagement — Maintainability of Appeal Under Section 421 of Companies Act, 2013. The appeal was dismissed as withdrawn with liberty to file a fresh petition before the NCLT, as the appellant failed to demonstrate any error in the impugned order.

30 Nov -0001

The case involves an appeal filed by Mr. Harsha Vardhan Reddy against an order of the National Company Law Tribunal (NCLT) in a company petition alleg...

High Court

High Court of Karnataka Allows Writ Petition Under Article 227 Against Rejection of Application Under Section 151 CPC for Appointment of Commissioner in Suit for Specific Performance. Inherent Powers Under Section 151 CPC Can Be Invoked for Appointment of Commissioner to Ascertain Physical Features of Property, Even if Not Covered Under Order 26 Rule 9 CPC.

1 Jul 2022

The petitioners, who are defendants in a suit for specific performance of contract (O.S. No. 445/2011) pending before the Principal Senior Civil Judge...

High Court

Madras High Court Dismisses Writ Petitions Seeking Transfer of Rectification Petitions; Holds Jurisdiction for Rectification Lies with High Court of Appropriate Office. The Court interpreted the definite article 'the' in Sections 47 and 57 of the Trade Marks Act, 1999 to mean the High Court exercising appellate jurisdiction over the relevant Trade Marks Registry, and held that writ jurisdiction under Article 226 cannot be used to transfer rectification petitions when the court lacks statutory jurisdiction.

20 Feb 2025

The petitioner, a private company, filed C.S.(Comm.Div.) No.199 of 2023 before the Madras High Court against several parties including the 5th respond...

High Court

Madras High Court Dismisses Transfer of Rectification Petitions Under Trade Marks Act; Statutory Rectification Jurisdiction Confined to High Court Exercising Appellate Jurisdiction over Appropriate Registry. Interpretation of Sections 47 and 57 of Trade Marks Act, 1999, and Rule 4 of Trade Mark Rules, 2017, Precludes Exercise of Jurisdiction by High Court Over Entries Made by Another Registry.

20 Feb 2025

The petitioner, a company engaged in trade mark disputes, had filed a civil suit before the Madras High Court (Commercial Division) for infringement a...

High Court

High Court of Karnataka Allows Substitution of Arbitrator in CPWD Contract Dispute, Holding Retired Departmental Officers Ineligible Under Amended Arbitration Act. Court Appoints Former Judge as Sole Arbitrator to Resolve Multiple Contractual Disputes Arising from Six Construction Agreements.

19 Sep 2019

The dispute arose from six separate construction contracts awarded by the Central Public Works Department (CPWD) to M/s Sri Krishna Shelters Pvt. Ltd....

High Court

High Court of Karnataka Disposes Four Civil Miscellaneous Petitions Filed Under Sections 11(6) and 12 of the Arbitration and Conciliation Act, 1996 Seeking Appointment of Substitute Arbitrator. Petitioners Contended That Arbitrators Appointed by CPWD Were Ineligible Under Section 12(5) for Want of Mandatory Consent.

19 Sep 2019

The petitioners, M/s. Sri Krishna Shelters Pvt. Ltd., were awarded six construction contracts by the Central Public Works Department (CPWD) for works ...

High Court

High Court of Karnataka Examines Ineligibility of Retired CPWD Officers as Arbitrators under Section 12(5) of Arbitration Act. Appointment of Retired Additional Director General of CPWD as Arbitrator Without Contractor's Consent Violates Seventh Schedule and Mandates Express Agreement Post-Dispute.

19 Sep 2019

The petitioner, a construction company, entered into six separate agreements with the Central Public Works Department (CPWD) for various construction ...

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