Search Results for "non obstante"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "non obstante"

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High Court

Bombay High Court Holds That Jurisdiction for Section 34 Challenge to MSMED Act Award Is Governed by Section 18(4) of MSMED Act, Not by Exclusive Jurisdiction Clause in Agreement. The non obstante provision in Section 18(4) overrides the arbitration agreement, and the Section 34 petition must be filed at the place where the supplier is located.

16 Oct 2024

The case involves a reference to a Larger Bench of the Bombay High Court to resolve a conflict between two Single Judge decisions regarding the jurisd...

High Court

Bombay High Court Holds It Has Power to Accept Consent Terms and Compound Offence Under Section 138 NI Act in Revision Proceedings. The Court clarifies that Section 397 CrPC read with Section 401 CrPC empowers the High Court to record compromise and acquit accused even in revision, subject to satisfaction of complainant.

20 Dec 2024

The Bombay High Court was hearing a group of criminal revision applications and connected matters, all arising from proceedings under Section 138 of t...

High Court

High Court Quashes Income Tax Reopening Notices in Search-Based Assessment Cases Due to Mandatory Application of Section 153C. Assessing Officer Cannot Invoke General Reassessment Provisions Under Sections 147/148 When Material Originates from Search Under Section 132/132A, as Special Provisions Under Section 153C Override and Require Exclusive Procedural Compliance.

7 Jan 2026

The judgment concerned a group of petitions challenging notices issued under Section 148 of the Income-tax Act, 1961, reopening assessments under Sect...

High Court

High Court of Judicature at Bombay Refers Question of Law on Allowability of Expenditure under Section 40(a)(i) and Section 172 of Income Tax Act to Larger Bench. Disagreement with earlier Division Bench decision in CIT v. Orient (Goa) Pvt. Ltd. leads to referral on whether payer's non-resident status required for invoking proviso to Section 172.

5 Feb 2016

Background: The case concerns income tax appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income ...

High Court

Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

20 Feb 2014

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

17 Sep 2010

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

High Court

High Court of Karnataka Decides Batch of Writ Petitions Challenging Forest Development Tax Notification

3 Dec 2015

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High Court

High Court of Karnataka Allows Writ Petition Seeking Corrigendum to Extend Quarrying Lease Period from 5 to 20 Years Under Rule 8-A of KMMC Rules, 1994. Deemed Extension of Lease Period for Non-Specified Minor Mineral Granted Under Amended Rule 8-A(4) of Karnataka Minor Mineral Concession Rules, 1994.

24 Feb 2022

The petitioner, Sri K.M. Ramaswamy, was granted a quarrying lease for 2.20 acres in Sy.No.47 of Naduvanahllai Village, Chikkaballapur Taluk, Chikkabal...

Supreme Court

Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

24 Feb 2026

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

Supreme Court

Supreme Court Upholds Claim for Overtime Wages by Timekeepers in Railway Workshop under Factories Act read with Bombay Shops and Establishments Act. The Court Held that Section 70 of the Bombay Shops and Establishments Act, 1948, by its Non-Obstante Clause, Extends Overtime Wage Protection to All Factory Employees, Not Just 'Workers' under Section 2(1) of the Factories Act, 1948.

8 May 1959

The dispute arose when timekeepers employed in the time office of the Central Railway Workshop and Factory, Parel, Bombay, filed applications before t...

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