Search Results for "original proceeding"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "original proceeding"

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High Court

High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

17 Feb 2026

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

High Court

Karnataka High Court Dismisses Petitioner's Challenge to Stay of Criminal Proceedings under Negotiable Instruments Act, 1881—Held That Section 446 of the Companies Act, 1956 Requires Stay Unless Leave of Company Court is Obtained. Proceedings Against Ex-Managing Director in Personal Capacity May Continue Subject to Leave, But Stay Order Attained Finality; Trial Directed to Be Completed Within Six Months.

25 Jun 2024

The petitioner, M/s Rajesh Exports Limited, filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C., challe...

High Court

Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

17 Oct 2018

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

High Court

Bombay High Court Allows Wife to Implead Mother-in-Law in Domestic Violence Proceedings Before Family Court — Section 2(q) of DV Act Permits Relief Against Relative of Husband. The Court held that the mother-in-law is a proper party under Section 2(q) and Section 26 of the Protection of Women from Domestic Violence Act, 2005, and cannot be deleted under Order 1 Rule 10 CPC.

4 Aug 2015

The petitioner, Ms. Ambreen Akhoon, filed a writ petition challenging an order dated 11.5.2015 passed by the Family Court at Bandra, Mumbai in Petitio...

High Court

Bombay High Court Dismisses Writ Petition Challenging Settlement Commission Order Under Section 245D(4) of Income Tax Act — No Jurisdictional Error Found in Rejecting Settlement Application for Non-Disclosure of Full Income.

22 Feb 2012

The petitioner, Major Metals Ltd., filed a writ petition under Article 226 of the Constitution challenging an order dated 30 December 2010 passed by t...

High Court

Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Quashing Charge Memo Due to Delay and Quasi-Judicial Functions. The Court Held That Disciplinary Proceedings Initiated After 8 Years for Acts Done in Discharge of Official Duties as Income Tax Officer Were Unjustified and Caused Prejudice to the Employee.

13 Feb 2013

The Union of India and others filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Central Admini...

High Court

High Court of Judicature at Bombay Decides Petitions for Enforcement and Setting Aside of Foreign Arbitration Award — Partial Award on Jurisdiction Upheld; Challenge under Section 34 Considered Inappropriate for Foreign Award. Enforcement of Award under Sections 44-49 Proceeded While Section 34 Petition Found Not Maintainable Against a Foreign Award Governed by English Law.

9 May 2014

The dispute arose from an agency agreement between Perma Container (UK) Line Limited (claimant), a UK company, and Perma Container Line (India) Pvt. L...

Supreme Court

Supreme Court Allows Revenue Appeals in Section 153A Search Assessment Dispute — Assessing Officer Can Assess Total Income Including Non-Incriminating Material. The Court held that under Section 153A of the Income Tax Act, 1961, the Assessing Officer is competent to assess total income considering all material on record, not limited to incriminating material found during search.

24 Apr 2023

This batch of appeals involves a common question of law regarding the scope of assessment under Section 153A of the Income Tax Act, 1961. The Revenue ...

High Court

Bombay High Court Allows Revision Against Magistrate's Order Refusing Police Investigation Under Section 156(3) CrPC in Hit-and-Run Case. Court Holds That Magistrate Must Apply Mind to Complaint and Pass Speaking Order, Not Merely Direct Inquiry Under Section 202 CrPC.

8 Dec 2020

The applicant, Smt. Rekha Shambharkar, filed a criminal application before the Bombay High Court challenging an order dated 22/10/2012 passed by the J...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Cheating Case Due to Purely Civil Nature of Dispute — Non-Payment of Dues Does Not Attract Criminal Breach of Trust Under Section 406 IPC.

3 Sep 2024

The Supreme Court allowed the appeal filed by Delhi Race Club (1940) Ltd. and its office bearers against the order of the Allahabad High Court which h...

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