Search Results for "reference jurisdiction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "reference jurisdiction"

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High Court

High Court of Karnataka Quashes ITAT's Rectification Order in Income Tax Case — Tribunal Exceeded Jurisdiction Under Section 254(2) by Reviewing Its Own Decision. Mistake Apparent from Record Must Be Obvious and Not Require Re-appreciation of Evidence.

23 Sep 2023

The petitioner, M/s. I.G. Petrochemicals Ltd., an assessee under the Income Tax Act, 1961, filed a writ petition challenging the order dated 05.09.202...

High Court

Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

7 Feb 2024

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

High Court

Bombay High Court Delivers Oral Judgment in Commercial Appeal No. 38 of 2017: Appeal Against Single Judge’s Order Setting Aside Arbitral Award under MSMED Act. Issues of Limitation, Mis-joinder of Causes of Action, and Territorial Jurisdiction Raised in Challenge to Award for Interest on Delayed Payments.

31 Aug 2017

The appellant, M/s. Delton Electricals, a partnership firm and small scale industrial unit, filed Original Application No. 1 of 2005 before the Micro ...

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 Holds Aurangabad Bench Has Jurisdiction Over Parole Rejection Order Passed at Nashik Central Prison — Reference Answered in Favor of Respondent Prisoner. Territorial Jurisdiction Determined by Place of Confinement and Communication of Order, Not Solely by Location of Prison Authority.

25 Jan 2021

The case arose from a reference made by a division bench of the Bombay High Court at Aurangabad regarding its territorial jurisdiction to entertain a ...

High Court

High Court of Karnataka Quashes Order Dismissing Application for Return of Plaint in Commercial Suit — Territorial Jurisdiction of Commercial Court Determined by Principal Civil Court Under Section 2(1)(c)(vii) of Commercial Courts Act, 2015. The Court held that since the suit property was situated in England and no cause of action arose in Bengaluru, the Commercial Court lacked territorial jurisdiction, and the plaint must be returned for presentation before the competent court.

8 Jul 2025

The petitioners, M/s Tefilah Infrastructure Pvt. Ltd. and its Managing Director Siddhartha Gupta, filed a writ petition under Articles 226 and 227 of ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Under Section 11 of Arbitration and Conciliation Act, 1996 — Unilateral Appointment Clause Not Barred as Respondent Failed to Respond to Invocation Notice.

27 Jul 2022

The petitioner, Uttam Energy Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitral...

High Court

Bombay High Court Full Bench Upholds Appellant Bank in Debenture Trustee Suit, Holding Civil Court Jurisdiction Not Barred by RDB Act. Bank Acting as Debenture Trustee for Recovery of Debentureholders' Dues Is Not a 'Debt Due to Bank' Under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Suit Maintainable on Original Side.

7 Mar 2016

The litigation arose from a suit filed in February 2002 by a banking company acting as a debenture trustee for recovery of Rs. 997 lacs together with ...

High Court

Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Proceedings — Guarantors Held Jointly and Severally Liable Under Section 31(1)(aa) of State Financial Corporation Act, 1951. Application Under Section 31(1)(aa) is Maintainable Against Guarantors Without Separate Suit and Not Barred by Limitation.

26 Feb 2019

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

High Court

Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

26 Feb 2019

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

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