Search Results for "suit infructuous"

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Search Results for "suit infructuous"

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High Court

Bombay High Court Dismisses Petition Challenging Industrial Court Jurisdiction in Transfer Dispute Under MRTU & PULP Act — Issuance of Transfer Order at Mumbai Confers Jurisdiction. Transfer order issued at Mumbai to employee posted in Rajasthan held to confer jurisdiction on Industrial Court at Mumbai under Section 28 of MRTU & PULP Act, 1971.

19 Sep 2025

The petition was filed by Raptakos Brett & Co. Ltd., a pharmaceutical company, challenging an order of the Industrial Court at Mumbai dated 4 May 2022...

High Court

Bombay High Court Allows Withdrawal of Appeal and Release of Deposited Amount in Insolvency Case — Moratorium Under Section 14 IBC Bars Enforcement Against Corporate Debtor's Assets. The cash deposit made by the corporate debtor in court is an asset belonging to the corporate debtor, and the resolution professional is entitled to its release for the resolution process.

13 Nov 2024

The Bombay High Court allowed an application filed by the Resolution Professional of Siti Networks Ltd. (corporate debtor) seeking withdrawal of Appea...

Supreme Court

Supreme Court Dismisses Appeal Challenging Abolition of Odisha Administrative Tribunal — Power to Abolish SATs Upheld Under General Clauses Act and Article 323-A. The Court held that the Union Government has the power to abolish a State Administrative Tribunal established under the Administrative Tribunals Act, 1985, and the notification dated 2 August 2019 is valid.

21 Mar 2023

The Supreme Court dismissed an appeal against the Orissa High Court judgment upholding the abolition of the Odisha Administrative Tribunal (OAT). The ...

Supreme Court

Supreme Court Allows Appeal in Domestic Violence Case — Limitation Not Applicable to Filing of Application Under Section 12 of Protection of Women from Domestic Violence Act, 2005. The High Court erred in quashing proceedings on ground of limitation as the Act does not prescribe any limitation period for filing an application under Section 12.

20 Apr 2022

The appellant, Kamatchi, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (the Act) against her husba...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

High Court

Bombay High Court Dismisses Appeal Against Impleadment of Alleged Successor Company in Execution of Foreign Award — Piercing Corporate Veil Justified to Prevent Fraudulent Evasion of Liability. The court held that where a company is created to evade existing liabilities, the corporate veil can be pierced and the new entity can be impleaded in execution proceedings under Order 21 Rule 50 CPC.

29 Sep 2016

The appeal arose from a judgment of the learned Single Judge dated 5 October 2015 in Chamber Summons (L) No.444 of 2015 in Judges Order No.212 of 2014...

High Court

Bombay High Court Upholds Demolition of Unauthorized Terrace Construction in Cooperative Housing Society. Lease of Terrace by Member Without Society's Consent Invalid Under Maharashtra Cooperative Societies Act, 1960.

22 Jan 2015

The judgment concerns two writ petitions arising from a dispute between N. Jethani (petitioner in WP 5476/1990) and Shri Shivaji Cooperative Housing S...

High Court

Bombay High Court Allows Appeal in Foreign Award Execution Case Due to Property Location. Territorial jurisdiction for execution of foreign award under Section 48 of Arbitration and Conciliation Act, 1996 is determined by location of property to be attached, not by place of cause of action.

30 Jan 2012

The appellant, Wireless Developers Inc., a US company, obtained a foreign arbitral award against the respondent, Indiagames Ltd., an Indian company, f...

High Court

Bombay High Court Dismisses Appeal Against Joint Charity Commissioner's Order in Trust Dispute — Trustees' Application Under Section 47 of Bombay Public Trust Act Upheld. The court held that the Joint Charity Commissioner had jurisdiction to entertain an application under Section 47 of the Bombay Public Trust Act, 1950, and the order was proper.

30 Mar 2010

The appeal was filed by the appellants aggrieved by an order passed by the Joint Charity Commissioner on an application under Section 47 of the Bombay...

High Court

Bombay High Court Dismisses Third Party Claim in Execution Proceedings — Minor's Ownership Claim Over Attached Flat Rejected for Lack of Evidence. Co-Partnership Society Flat Allotted to Judgment Debtor's Father Cannot Be Claimed by Minor Grandson Without Proof of Transfer.

20 Jul 2005

The case involves execution proceedings arising from a decree passed in Summary Suit No.491 of 1999 on 18th March 2002 in favor of the Judgment Credit...

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