Search Results for "Jurisdictional Objection"

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Search Results for "Jurisdictional Objection"

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Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 — Unsigned Notice Invalid and Proceedings Barred by Limitation. The court held that an unsigned notice under Section 148 is not a valid notice and cannot initiate reassessment proceedings beyond the limitation period under Section 149(1)(b).

9 Jan 2023

The petitioner, Prakash Krishnavtar Bhardwaj, a non-resident Indian residing in Dubai, UAE, filed a writ petition under Article 226 of the Constitutio...

High Court

Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Change of Opinion. Notice under Section 148 of Income Tax Act, 1961 for reassessment of derivative transaction loss set aside as Assessing Officer had already examined the issue during original assessment.

22 Apr 2022

The petitioner, Shrikant Phulchand Bhakkad (HUF), through its Karta, filed a writ petition under Article 226 of the Constitution of India challenging ...

High Court

Bombay High Court Dismisses Writ Petition Challenging NCLT Order Approving Resolution Plan Under IBC — Alternative Remedy Under Section 61 IBC Available. The court held that the NCLT's order approving the resolution plan was not vitiated by any jurisdictional error and the writ petition under Article 226 was not maintainable.

28 Jan 2020

The petitioners, Kotak Investment Advisors Limited and Rahul Shah, filed a writ petition under Article 226 of the Constitution of India before the Bom...

High Court

Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Non-Joinder of Cotenant Not Raised Earlier. Joint Tenancy Claim Fails as Suit Against One Cotenant Maintainable Without Objection at Trial Stage.

19 Jul 2019

The case involves a civil revision application filed by the tenants (applicants) against the concurrent decrees of eviction passed by the Small Causes...

High Court

Bombay High Court Dismisses Writ Petition Challenging Eviction Order Under Maharashtra Rent Control Act — Agreement Held to Be Licence, Not Lease. The Court upheld the concurrent findings of the Competent Authority and Additional Commissioner that the petitioner was a licensee, not a tenant, based on the terms of the agreement and the conduct of parties.

13 Sep 2019

The petitioner, Shrikant Dattatraya Deshpande, claimed to be a tenant of a portion of a house owned by Shalini Waman Bhat (since deceased, represented...

High Court

High Court of Karnataka Allows Revision Petition in Execution Case — Order Dismissing Section 47 Application Set Aside. Execution Court's Failure to Consider Objections Regarding Arbitral Award's Enforceability Constitutes Jurisdictional Error Under Section 115 CPC.

22 Mar 2024

The present Civil Revision Petition was filed under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 19.03.2022 passed by...

High Court

High Court of Karnataka Allows Writ Petitions Against Rejection of MVC Claim Petition on Ground of Limitation — Limitation Act Not Applicable to Claims Tribunals Under Motor Vehicles Act. The Claims Tribunal has power to condone delay beyond 6 months under Section 166(3) proviso of Motor Vehicles Act, 1988.

3 Dec 2018

The petitioners, three brothers, filed a claim petition under the Motor Vehicles Act, 1988 before the Motor Accidents Claims Tribunal at Vijayapura se...

High Court

WRIT PETITION NO. 12656 OF 2023

8 Apr 2025

The writ petition under Article 227 of the Constitution of India was filed by Reliance General Insurance Company Ltd. against the order dated 31 July ...

High Court

Madras High Court entertained a writ petition under Article 226 of the Constitution seeking to quash the order dated 24.12.2024 of the District Collector and the consequential notice dated 08.01.2025 by the Block Development Officer regarding building plan violation. The petition arose from allegations that the Hullathi Panchayat locked and sealed the resort buildings claiming that the building plan approval was granted only for residential purpose, despite the petitioner having obtained revision approval under Section 80-A of the Tamil Nadu Town and Country Planning Act.

24 Mar 2025

The writ petition was filed by S.K.S. Resorts India Private Limited, the owner of 1.7 acres of land in Hullathi Panchayat, The Nilgiris District. The ...

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