Search Results for "Execution petition maintainability"

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Bombay High Court Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not in Charge of Day-to-Day Operations Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations.

The petitioners, who were directors of Shri Sainath Nagri Sahakari Path Sanstha Ltd. (a cooperative bank), filed a writ petition under Article 226 of ...

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High Court of Karnataka Examines Validity of Notification Imposing Forest Development Tax under Karnataka Forest Act, 1963 — Multiple Mining Companies Challenge the Levy as Ultra Vires the Constitution and Forest Laws.

The matter involved a batch of writ petitions filed before the High Court of Karnataka by various mining companies, individuals, and an industry assoc...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Deemed Conveyance Under MOFA Due to Pending Title Dispute. Availability of Alternate Civil Suit Remedy Renders Writ Petition Under Article 227 Not Maintainable.

The petitioner, M/s. Blue Heaven Co-op Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the orde...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Favour of Claimant. Court Holds That Single Judge Erred in Reappreciating Evidence and Interfering with Arbitrator's Findings on Quantum and Interest.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Paramount Limited (appellant) against the judgmen...

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Bombay High Court Reserves Judgment in Multiparty Dispute Over Land Ownership and Compensation Under Inam Abolition Act. Privy Council Declaration of Inam Title and Forest Management Agreement Form Core of Dispute Over 157‑Acre Property Transferred to CIDCO Without Acquisition.

The dispute concerned a large parcel of land bearing Survey No. 51/0 at Ulwe, Raigad, originally granted in 1816. The Bivalkars claimed ownership thro...

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High Court Examines Whether Minister Can Drop Land Acquisition After Award and Dismissal of Landowner’s Challenge. Matter Concerns Section 48 of Land Acquisition Act, 1894 and Power of Acquiring Authority to Object.

The petitioner, City & Industrial Development Corporation (CIDCO), acting as the New Town's Development Authority under the Maharashtra Regional & Tow...

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Bombay High Court Hears Challenge to PSS Guidelines Exemption as Market Committees Assert Entitlement to Fees under Section 31 of Maharashtra APMC Act, 1963. The Court examined the validity of clause B(ii) which required State exemption from all duties on PSS operations.

The writ petition was filed by the Maharashtra State Market Committee Co-operative Federation Ltd., representing over 290 Agricultural Produce Market ...

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Bombay High Court Allows Appeal of Co-operative Housing Society in Minimum Wages Claim — Labour Court Application Under Section 33C(2) of Industrial Disputes Act, 1947 Not Maintainable as Society is Not a Commercial Establishment Under Bombay Shops and Establishment Act, 1948.

The appellant, Mahalaxmi Co-operative Housing Society Limited, challenged the judgment of a learned Single Judge in Writ Petition No. 6486 of 1995, wh...

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Bombay High Court Considers Section 9 Petition in Post-Foreign Award Enforcement Against Guarantor Deleted from Proceedings. Court Examines Applicability of Group of Companies Doctrine to Bind Non-Signatory for Interim Relief.

The petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Ningbo Aux Imp & Exp Co. Ltd., a Chinese company, seeking inte...