Search Results for "Alternate Remedies"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Alternate Remedies"

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High Court

Bombay High Court Dismisses Challenge to Show Cause Notice in GST Case Based on CERA Audit Report. Court Holds That CAG Audit of Government Departments Does Not Extend to Private Companies, But Show Cause Notice Issued by Department After Independent Application of Mind Is Not Vitiated.

6 Dec 2024

The petitioner, Vertiv Energy Pvt. Ltd., a private company, challenged a show cause notice dated 7 December 2023 issued under the Central Goods and Se...

Supreme Court

Supreme Court Dismisses Appeals in Electricity Procurement Dispute, Upholding High Court's Direction for Power Purchase from Successful Bidders. The Court affirmed that the Request for Proposal process under Section 63 of the Electricity Act, 2003, is binding, and the reduction of procurement quantum from 1000 MW to 500 MW was invalid, requiring adherence to original bid outcomes.

8 Jan 2024

The dispute originated from Rajasthan's initiative to procure 1000 MW of electricity through a competitive bidding process under Section 63 of the Ele...

High Court

Bombay High Court Allows Writ Petition Challenging Tahsildar's Order Rectifying Mutation Entry in Land Dispute — Holds Revenue Authority Cannot Adjudicate Title in Summary Proceedings Under Maharashtra Land Revenue Code, 1966. The impugned order was set aside for lack of jurisdiction and violation of natural justice, and the Tahsildar was directed to restore the mutation entry as it stood prior to the order.

10 Aug 2023

The petitioners, Namdev Mahadu Jambhulkar and others, filed a writ petition challenging an order dated 10th December 2021 passed by the Tahsildar, Mul...

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 ...

Supreme Court

Supreme Court Allows Appeal of Daughter-in-Law Against Eviction Under Senior Citizens Act, 2007 — Protection of Women from Domestic Violence Act, 2005 Right of Residence Prevails Over Senior Citizens Act, 2007. The court held that the authorities under the Senior Citizens Act, 2007 have no jurisdiction to order eviction of a woman entitled to residence under Section 17 of the PWDV Act, 2005, and the property transfers were collusive to defeat her rights.

11 Dec 2020

The present dispute arises out of an application filed by the second and third respondents (parents-in-law of the appellant) under the Maintenance and...

High Court

Bombay High Court Allows Writ Petition Challenging EPF Order Due to Non-Functional Appellate Tribunal. Alternate remedy under Section 7I of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 not a bar when tribunal is vacant.

11 Sep 2018

The petitioner, HVPM's Degree College of Physical Education, Amravati, through its Secretary, filed a writ petition under Article 226 of the Constitut...

High Court

Bombay High Court Dismisses Revision Against Condonation of Delay in Restoration Suit — Election of Remedies Under Order IX Rule 4 CPC Not Applicable. The court held that the remedies under Order IX Rule 4 CPC are not mutually exclusive and a party may pursue both fresh suit and restoration application simultaneously.

5 Nov 2014

The case involves a civil revision application filed by the applicant (original defendant) against an order dated 08/08/2013 passed by the Civil Judge...

High Court

Bombay High Court Allows Writ Petition Challenging CBEC Circular on Brand Rate of Drawback. Court holds that an exporter can claim Brand Rate of drawback under Rule 7 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 even after availing All Industry Rate under Rule 3.

1 Sep 2014

The petitioner, Alfa Laval (India) Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging a Circular dated 30th Decemb...

High Court

Bombay High Court Allows Petition Challenging Condonation of Delay in Appeal Against Ex-Parte Decree — Pendency of Application to Set Aside Ex-Parte Decree Not Sufficient Cause Under Section 5 of Limitation Act, 1963. The court held that proceedings to set aside an ex-parte decree do not constitute sufficient cause for condoning delay in filing an appeal against the decree.

20 Aug 2014

The petitioners, original plaintiffs in a partition suit, obtained an ex-parte decree in Regular Civil Suit No. 35 of 2007. The respondents (defendant...

High Court

High Court of Bombay at Goa Upholds Interim Injunction in Arbitration Matter — Government Restrained from Interfering with Contractor's Work. Performance Guarantee Encashment Found Wrongful; Mandatory Injunction for Reimbursement of Rs.5,50,00,000/- Granted Under Section 9 of Arbitration and Conciliation Act, 1996.

5 Aug 2010

The Government of Goa, represented by the Director of Tourism, filed an appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, c...

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