Search Results for "Jurisdictional Objection"

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Search Results for "Jurisdictional Objection"

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High Court

Bombay High Court Allows Trustees' Petition Challenging Charity Commissioner's Order in Trust Dispute — Appointment of Receiver Set Aside for Lack of Jurisdiction and Procedural Irregularity. The Court held that the Charity Commissioner exceeded his powers under Section 41A of the Bombay Public Trusts Act, 1950 by appointing a receiver without proper inquiry and without giving opportunity of hearing to the trustees.

20 Apr 2018

The case involves two writ petitions filed by the trustees of Matunga Jain Shwetambhar Murti Pujak Tapagachha Sangh and Charities, a public charitable...

High Court

Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

3 Jul 2024

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

High Court

Bombay High Court Allows Second Appeal in Cooperative Society Dispute — Pre-suit Notice Under Section 164 of Maharashtra Cooperative Societies Act is Mandatory and Cannot Be Waived. The suit for recovery of money against a cooperative society was dismissed for want of mandatory pre-suit notice under Section 164 of the Maharashtra Cooperative Societies Act, 1960, and the lower appellate court's reversal was set aside.

16 Jul 2010

The appellant, Jijamata Sahakari Sakhar Karkhana Ltd., a registered cooperative society, challenged the judgment and order dated 14.2.1994 passed in R...

High Court

High Court of Bombay at Nagpur Dismisses Civil Revision Against Order Rejecting Jurisdictional Objection Under Section 115 CPC. Return of Plaint Under Order 7 Rule 10 CPC Constitutes Final Disposal for Maintainability, but Order Rejecting Jurisdiction Does Not Finally Dispose of Suit in Favour of Applicant.

10 Aug 2011

The case involves a civil revision application filed by Hindustan Petroleum Corporation Limited (the defendant/applicant) challenging an order dated 2...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Depreciation on Goodwill Not a Valid Reason for Reassessment. The court held that reopening based on change of opinion is impermissible and that depreciation on goodwill is allowable under Section 32(1)(ii) of the Income Tax Act, 1961.

25 Jun 2012

The petitioner, Bedmutha Industries Ltd., challenged a notice dated 29 November 2010 issued under Section 148 of the Income Tax Act, 1961, seeking to ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

20 Dec 2013

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...

High Court

Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Enforcement of Consent Award Despite Jurisdictional Challenge. The court held that a party who consents to arbitration without objecting to jurisdiction cannot later challenge the award as a nullity on territorial grounds.

14 Sep 2010

The petitioner, United Spirits Limited, filed an application under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reliefs pe...

High Court

Bombay High Court Dismisses Municipal Corporation's Challenge to Caste Validity Certificates — Employer Lacks Locus Standi Under Maharashtra Caste Certificate Act, 2000. Corporation Cannot Challenge Certificates Issued to Employees as Only Person Aggrieved or State Government Can Do So.

20 Aug 2024

The Pimpri Chinchwad Municipal Corporation (PCMC) filed a writ petition before the Bombay High Court challenging the caste validity certificates issue...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award on Retention Money Refund. Jurisdictional Objection Under Section 16(2) of Arbitration and Conciliation Act, 1996 Must Be Raised at Earliest Opportunity.

4 Jan 2013

The case involves an appeal against a judgment of a Learned Single Judge of the Bombay High Court, which affirmed an arbitral award granting refund of...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging MCGM Notice Under Section 354A of MMC Act — Suit Held Not Maintainable Due to Bar of Section 527 of MMC Act and Availability of Alternative Remedy Under Section 354A(3). The court held that the civil court's jurisdiction is barred when a statute provides a complete mechanism for redressal.

9 Oct 2013

The appellant, M/s. Akash Impex, a registered partnership firm, acquired suit property Gala No.24/25, CTS No. 240-C at Khetani Industrial Estate, Kurl...

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