Search Results for "second petition maintainability"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "second petition maintainability"

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High Court

Bombay High Court Allows Letters Patent Appeal in Patent Infringement Case — Rejects Challenge to Maintainability of Suit. Court holds that a suit for infringement of a patent is maintainable even if the patent is not registered under the Designs Act, 2000, as long as it qualifies as a patent under the Patents Act, 1970.

15 Dec 2025

The appellant, M/s. Permanent Magnets Limited, filed a suit for infringement of its patent against the respondent, Mahipat Yadav. The respondent filed...

High Court

Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

8 Apr 2015

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

High Court

Bombay High Court Dismisses Winding-Up Petition Against Capital Controls India Private Limited and Chloro Controls (India) Private Limited — Disputed Debt and Lack of Bona Fide Defence. Petition under Sections 433(e) and 434 of the Companies Act, 1956 dismissed as the debt was bona fide disputed and the company had a valid defence.

18 Dec 2014

The petitioner, Severn Trent Water Purification Inc. (formerly Capital Controls Company, Inc.), filed a winding-up petition under Sections 433(e) and ...

High Court

High Court of Bombay examines challenge to Industrial Court order that dismissed revision applications against Labour Court’s dismissal of complaints alleging unfair labour practices under Schedule IV of MRTU & PULP Act. The lower courts held that complaints were not maintainable under Item 1 of Schedule IV, being more appropriately under Item 6, and that termination of services was by efflux of time under contract, not retrenchment requiring compliance with Section 25F of Industrial Disputes Act.

26 Oct 2016

The dispute arose from complaints filed by sixteen women packers employed on temporary basis by a pharmaceutical company since 1985. They alleged that...

High Court

Bombay High Court Allows Appeal in Workmen's Compensation Case — Subsequent Petition Under Section 22 of Employee's Compensation Act, 1923 Maintainable Despite Dismissal of Earlier Motor Vehicles Act Claim on Ground of Self-Negligence. The Court held that the two Acts operate in different fields and the dismissal of the earlier petition does not bar a claim under the Employee's Compensation Act.

1 Aug 2017

The case involves an appeal filed under Section 30 of the Employee's Compensation Act, 1923 (formerly Workmen's Compensation Act) by the legal represe...

Supreme Court

Supreme Court Allows Advocate's Appeal Against Inclusion in Caution List by Indian Banks Association - Holds Caution List Only for Fraud or Serious Misconduct, Not Negligence. The Court ruled that the Caution List maintained by IBA cannot be used for alleged negligence or errors of professional judgment, and that matters of professional conduct are within the exclusive jurisdiction of the Bar Council of India under the Advocates Act, 1961.

7 Jul 2026

The appellant, an advocate, served as panel counsel for Canara Bank. In 2015, he rendered a legal opinion which the Bank considered negligent. Consequ...

High Court

Karnataka High Court Examines Writ Petition Challenging Conduct of Elections to Karnataka Medical Council. Preliminary Objections Based on Estoppel and Availability of Alternative Remedy Raised Under Karnataka Medical Registration Act, 1961.

7 Jun 2021

The petitioner, a registered member of the Karnataka Medical Council, filed a writ petition under Articles 226 and 227 of the Constitution challenging...

High Court

Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

1 Mar 2019

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

High Court

High Court of Judicature at Bombay Holds Writ Petition Not Maintainable Against Arbitrator's Order on Jurisdiction Under Section 16 and Order Appointing Arbitrator Under Section 11; Alternative Remedies U/S 34 and Article 136 Must Be Availed. The court found that an order under Section 11 is challengeable only before the Supreme Court under Article 136, and a Section 16 order can be contested after the award under Section 34, thus barring writ jurisdiction.

17 Oct 2023

This writ petition arose from a contractual dispute between Hindustan Petroleum Corporation Limited (HPCL), a government enterprise, and a joint ventu...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitral Award as Not Maintainable Due to Availability of Statutory Remedy Under Section 34 of Arbitration Act. Writ petition under Articles 226 and 227 against arbitral award filed beyond limitation period under Section 34(3) of Arbitration and Conciliation Act, 1996 is not maintainable as efficacious alternative remedy exists.

27 Oct 2020

The Central Railway (Petitioner) awarded a contract to Maharashtra Steel Fabricators & Erectors (Respondent) on 31 December 2001 and 31 March 2002 for...

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