Search Results for "Civil Jurisdiction"

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Bombay High Court Dismisses Review Petition in Central Excise Appeal — No Power to Review Under Section 35G of Central Excise Act, 1944. Section 35L of the Act Bars Application of CPC Provisions on Review, Hence Review Petition Not Maintainable.

The petitioner, VIP Industries Ltd., filed a review petition before the Bombay High Court seeking review of an earlier order that dismissed its applic...

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Bombay High Court Allows Re-Reference of Mundkarial Issue to Mamlatdar in Civil Suit — Civil Court Has Power to Re-Refer Issue When Earlier Reference Dismissed in Default Without Adjudication on Merits

The petitioner, original defendant in a civil suit, raised a claim of mundkarial rights over the suit property. The Civil Judge framed issue no.7 rega...

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Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

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Supreme Court Allows Appeal in Will Dispute Case — High Court's Reversal of Trial Court's Preliminary Decree Set Aside. Registered Will Fails to Meet Attestation Requirements Under Section 63(c) of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872.

The case concerns a dispute over a tenement originally allotted to Suhagwanti Devi, the wife of late Harbans Lal, under a redevelopment scheme. After ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Rejection of Delay Condonation for Filing Appeal Against Ex Parte Decree. Delay of Over 2 Years in Filing Regular Civil Appeal Not Sufficiently Explained, No Sufficient Cause Shown Under Section 5 of Limitation Act, 1963.

The respondent (original plaintiff) filed Regular Civil Suit No. 140/1997 for specific performance of contract against the appellant (original defenda...

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Supreme Court Allows Appellant's Appeal Against High Court's Jurisdiction Finding in GST Notification Challenge. High Court of Sikkim Lacked Territorial Jurisdiction as Cause of Action for Challenging Goa's GST Notification Arose in Goa, Not Sikkim, Under Article 226(2) of the Constitution.

The dispute originated from writ petitions filed before the High Court of Sikkim by a private limited company engaged in the lottery ticket business, ...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Arbitration Dispute Over Thane Property. Court Holds That Cause of Action Arose in Thane, Not Mumbai, Despite Agreement Execution in Mumbai.

The petitioners, Navin Makhija and others, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interi...