Search Results for "Bona Fide Mistake"

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

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High Court of Karnataka Allows Appeal in Railway Accident Claim Case — Deceased Was a Bona Fide Passenger. The Tribunal erred in rejecting the claim on ground of lack of proof of bonafide passenger status despite availability of a valid ticket.

The appellants, being the wife, son, and married daughter of the deceased Thippareddy, filed a claim before the Railway Claims Tribunal, Bangalore, un...

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High Court of Karnataka Allows Appeal in Railway Accident Claim Case — Deceased Was a Bona Fide Passenger. Burden of Proof on Railways to Show Negligence or Criminal Act Not Discharged Under Section 124A of Railways Act, 1989.

The appellants, wife, son, and married daughter of Thippareddy, filed a claim before the Railway Claims Tribunal, Bangalore, seeking compensation for ...

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Bombay High Court Allows Writ Petition Challenging Reduction of Pension and Recovery of Excess Payment. Employer's Order Reducing Pay Fixed at Retirement and Recovering Excess Amount Set Aside as Violative of Principles of Natural Justice and Unreasonable.

The petitioner, Vijay Sambrao Bharati, a retired employee of Maharashtra Jeevan Pradhikaran, challenged an order of his employer that reduced the pay ...

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Bombay High Court Dismisses Petitions Challenging CAT Order Allowing Change of Date of Birth of IAS Officer. Authorities' Delay in Deciding Application for Correction of Date of Birth Cannot Be Used to Defeat Claim Under Rule 38 of Maharashtra Civil Services (General Conditions of Service) Rules, 1981.

The Union of India and the State of Maharashtra filed two writ petitions challenging the judgment and order dated 8 March 2016 passed by the Central A...

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Bombay High Court Grants Interim Injunction Against Trademark Infringement and Passing Off in 'MARINE' Mark Dispute. Plaintiff's registered trademarks for adhesives and sealants protected against defendant's use of identical mark for similar goods.

The plaintiff, Pidilite Industries Limited, filed a suit against Jubilant Agri & Consumer Products Limited alleging infringement of its registered tra...

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Bombay High Court Allows Exclusion of Time Under Section 14 of Limitation Act for Appeal Under Section 35 of FEMA — Appellant Bona Fide Pursued Remedies Before Wrong Forum

The appellant, Rajkumar Shivhare, was issued a show cause notice under Section 3(C) of the Foreign Exchange Management Act, 1999 (FEMA) on 12 January ...