Search Results for "Procedural illegality"

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High Court of Karnataka Dismisses Appeal Against Arbitral Award Due to Limitation Bar. Delay of 85 Days in Filing Appeal Under Section 37 of Arbitration and Conciliation Act Not Condoned for Lack of Sufficient Cause.

The present appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 13(1-A) of the Commercial Courts Act, 20...

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Bombay High Court Dismisses Petition Challenging Refusal to Dismiss Suit Under Order IX Rule 5 CPC. Order IX Rule 5 CPC does not apply when summons were never issued to defendants, and the provision is directory, allowing court discretion to extend time for service.

The petitioner, Sanjay Madanchand Kashyap, who was defendant no.1 in Special Civil Suit No.769 of 2012, filed a writ petition challenging the order da...

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Bombay High Court Examined Maintainability of Writ Petition Challenging Selection Process for Technician Posts — Estoppel and Delay Considered. Selection Process for Project Affected Persons Under Scrutiny for Award of Additional Marks to MSEB Company’s Own Project Affected Persons.

The petitioner, a project affected person (PAP), applied for the post of Technician Class-6 in response to an advertisement issued on 4 December 2017 ...

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High Court of Karnataka Reviews Enforcement of Foreign Arbitral Award Under Section 48 of Arbitration Act. Challenges to Award Based on Public Policy and Lack of Notice Were Dismissed by Executing Court.

The respondent, a Korean company, chartered a vessel to the petitioner, an Indian firm, under a Charter Party dated 12.05.2004. Disputes arose over fr...

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Bombay High Court Dismisses Petition Seeking Extension for Document Verification in Recruitment Process — No Fundamental Right to Extension Beyond Stipulated Schedule. Petitioner's Failure to Access Email Due to Health Issues Not Sufficient Ground for Interference Under Article 226.

The Petitioner, Mayur Sakharam Sawant, filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court seeking direc...

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Supreme Court Adjudicates on Regularization of Muster Roll Workers in Assam. Division Bench's Reversal of Single Judge's Regularization Direction Under Scrutiny.

The present batch of appeals originated from a common judgment and order dated 8th June 2017 passed by the Division Bench of the Gauhati High Court in...

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Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

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High Court of Judicature at Bombay Decides Challenge to Arbitral Award in Reclamation Work Contract Dispute. Petition Filed Under Section 34 of the Arbitration and Conciliation Act, 1996 Seeking to Set Aside Award for Alleged Procedural Irregularities.

The petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996 by the Board of Trustees of Jawaharlal Nehru Port Trust challeng...