Search Results for "res judicata not made out"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "res judicata not made out"

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Supreme Court

Supreme Court Dismisses Special Leave Petition in Cooperative Bank Pension Dispute on Ground of Non-Maintainability Due to Prior Dismissal of SLP Against Same Judgment. The Bench held that when the main judgment had already been affirmed by dismissal of earlier SLP and the review petition was subsequently withdrawn with liberty to approach High Court, a fresh SLP challenging the same judgment was not maintainable.

1 Jan 1970

The dispute arose from a Himachal Pradesh High Court judgment directing a cooperative bank to grant pensionary benefits to its retired employees, whic...

Supreme Court

Supreme Court Dismisses Appeal of Former OCS Employees Seeking Government Pension After Absorption in VSNL. Eligibility for Pension Under Office Memorandum Requires Minimum 10 Years of Qualifying Service on Date of Absorption.

15 Mar 2019

The present Civil Appeal arose out of a challenge to the Judgment and Order dated January 13, 2016 passed by the Bombay High Court in Writ Petition No...

High Court

Bombay High Court Dismisses Writ Petition Challenging Election Process, Holds That Candidate Elected Pursuant to Interim Order Cannot Be Unseated Without Election Petition. The court ruled that the principle of restitution does not apply to election results and that the remedy lies in an election petition under the Maharashtra Village Panchayats Act, 1959.

8 Feb 2022

The case involves a writ petition filed by Salma Bi W/o Syed Noor Attar challenging the rejection of her nomination for the Gram Panchayat elections. ...

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...

Supreme Court

Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Holds that BSA governed by Benin law with foreign seat cannot be brought under Part I of Arbitration Act, and issue estoppel applies due to dismissal of anti-arbitration injunction.

30 Nov -0001

The Supreme Court dismissed an arbitration petition filed by Balaji Steel Trade under Section 11(6) of the Arbitration and Conciliation Act, 1996, see...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Suit, Reinstating Decree for Redemption. Purchaser from Mortgagor Held Necessary Party in Foreclosure Suit Under Order XXXIV Rule 1 CPC, and Right to Redeem Not Extinguished by Decree Against Original Mortgagors Under Section 60 of Transfer of Property Act, 1882.

17 Aug 2021

The dispute arose from a mortgage redemption suit involving land mortgaged in 1954. The plaintiff purchased the mortgaged land via registered sale dee...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Injunction Suit — Petitioners Failed to Prove Title Over Suit Property. The Court upheld the rejection of interim injunction as the petitioners' title was already negated in earlier Second Appeal No. 111 of 1986.

31 Jan 2018

The petitioners, Vishal Bhagwan Chandanshive and Ilahi Bandu Barudwale, filed a writ petition under Article 227 of the Constitution of India challengi...

High Court

Bombay High Court Dismisses Appeal in Teacher Seniority Dispute — Upholds Trial Court's Finding That Appellant Was Not Entitled to Seniority Over Respondent. The court held that seniority is determined by the date of approval of appointment by the Education Department, not by the date of initial appointment.

10 Apr 2015

The case involves a dispute over seniority between two teachers, Smt. Nanda Haldankar (appellant) and Smt. Nalini Kulkarni (respondent, since deceased...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Registration Case — No Deemed Registration Under Section 12AA(2) of Income Tax Act, 1961. The court held that the absence of a deeming provision in Section 12AA(2) means that failure to decide an application within six months does not result in automatic deemed registration.

21 Oct 2024

The case involved an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) which had granted deemed re...

High Court

Bombay High Court Dismisses Challenge to Section 479(2) of MMC Act, 1888 — License Fee Fixation by Commissioner Upheld. The court held that the power to fix fees is not unguided and does not violate Articles 14 or 19(1)(g) of the Constitution.

6 Apr 2026

The petitioners, Rushabh Outdoors (a partnership firm) and Vandana Borse (proprietress of M/s. Synnovation), challenged the constitutional validity of...

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