Search Results for "Status Determination"

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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Bombay High Court Dismisses Municipal Council's Petitions Against Labour Court Awards in Retrenchment Compensation Cases. Held that Section 25F of the Industrial Disputes Act, 1947 does not require a separate notice of retrenchment when the employee is already aware of the closure of the establishment.

The judgment involves a batch of writ petitions filed by the Municipal Council, Tirora, and its President against common orders passed by the Labour C...

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Supreme Court Cancels Bail of Accused in Interstate Child Trafficking Case Due to Perverse High Court Orders and Absconding Accused. Bail Granted Without Considering Gravity of Offences Under Sections 363, 311, 370(5) IPC and Organized Nature of Racket.

The Supreme Court dealt with a series of appeals filed by victims' families seeking cancellation of bail granted by the Allahabad High Court to 13 acc...

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Bombay High Court Examines Validity of Arbitration Reference and Anti-Suit Injunction in Wind Turbine Technology Licensing Dispute. The Core Issue Revolves Around Whether an Unincorporated IPLA Constitutes a Binding Arbitration Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The dispute arose from a joint venture between Enercon (India) Ltd. and its directors (Petitioners) and Enercon GmbH and Wobben Properties GmbH (Respo...

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Bombay High Court Considers Appeal Under Section 37 of Arbitration Act Against Single Judge Order Dismissing Section 34 Petition Due to Foreign Seat and Governing Law — Interpretation of Escrow Agreement Clauses

The appeal arose from a Commercial Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Katra Holdings Ltd., a Mauritius co...

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Supreme Court upholds High Court's Quashing of Criminal Proceedings Under SC/ST Act, Holding Conversion to Christianity Does Not entitle Caste-Based Protection.

The appeal arose from a judgment of the High Court of Andhra Pradesh quashing criminal proceedings against accused persons under Section 482 of the Co...

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Bombay High Court Considers GST Liability on Royalty Payments to Court Receiver in Commercial Property Dispute. The Court Examines Whether Payments to a Court Receiver Under Order XL CPC Constitute Taxable Supply Under the CGST Act, 2017 and Whether GST Should be Discharged via Reverse Charge Mechanism.

The Bombay High Court, in a Court Receiver's Report arising from a commercial suit for recovery of possession of three shops used as a restaurant, exa...

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High Court of Bombay at Goa Dismisses Congress Plea to Disqualify MLA Under Tenth Schedule Due to Resignation Before Speaker's Decision. Court Holds That Resignation Ousts Speaker's Jurisdiction and No Writ Under Article 226 Can Issue to Declare Disqualification.

The Indian National Congress and several of its MLAs filed a writ petition under Article 226 before the High Court of Bombay at Goa, seeking a declara...

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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Prior Partition Based on Unequal Division and Subsequent Conduct. Court holds that unequal partition does not invalidate severance of joint status and that subsequent alienations of individual shares indicate acceptance of prior partition.

The case involves a Second Appeal filed by the original defendants against a decree for partition and separate possession granted by the First Appella...