Search Results for "Adjudicatory Jurisdiction"

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High Court Dismisses Writ Appeal in Industrial Dispute -- Res Judicata Bars Re-examination of Domestic Enquiry Fairness Under Industrial Disputes Act

The Writ Appeal was filed by the appellant-Union against the dismissal of their writ petition by the Single Judge, which upheld the Labour Court's dec...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit — Partnership Firm Not a Necessary Party Under Order 30 CPC. The court held that Order 30 Rule 1 CPC is permissive and non-joinder of a partnership firm does not vitiate eviction proceedings against individual partners.

The applicant, a tenant (son of the original tenant), filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) ...

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Bombay High Court Allows Students' Challenge to MHT-CET 2019 Answer Keys and Evaluation Process. Court Directs Re-evaluation of Disputed Questions and Issuance of Revised Merit Lists for Admission to Professional Courses.

The judgment concerns two writ petitions filed by students who appeared for the Maharashtra Common Entrance Test (MHT-CET) 2019 for admission to profe...

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Bombay High Court Dismisses Appeals Against Arbitral Award in Partnership Dispute — Upholds Valuation Based on Book Value as Per Partnership Deed. Clause-11 of Partnership Deed Mandates Asset Valuation on Book Value Basis, Not Market Value, Under Section 48 of Indian Partnership Act, 1932.

The case involves two appeals filed by Dr. Vijaypat Singhania and others (Appeal No. 361 of 2010) and Dr. Gaur Hari Singhania and others (Appeal No. 5...

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Bombay High Court Allows Appointment of Arbitrator Despite Death of Named Arbitrators in Arbitration Clause. Clause 21 of Agreement Construed as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The Applicant, Global Cements Ltd., entered into an agreement for sale with the Respondent, The Associated Cement Companies Ltd., on 16 December 1989....

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Bombay High Court Dismisses Petition Seeking Condonation of Delay Beyond Statutory Limit in Central Excise Appeal. Section 35 of Central Excise Act, 1944 Provides an Outer Limit of 30 Days for Condonation, Which Cannot Be Extended by Section 5 of Limitation Act, 1963.

The petitioner, M/s Raj Chemicals, filed a writ petition under Article 226 of the Constitution before the Bombay High Court seeking a direction to con...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Banking Ombudsman Dispute Over Counterfeit Drafts. Limitation Act Does Not Apply to Proceedings Under Banking Ombudsman Scheme, 2002.

The petitioner, Bank of Baroda, challenged an arbitral award passed by the Banking Ombudsman (respondent no.2) in favor of respondent no.1, Vijaya Ban...

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Bombay High Court Allows Secured Creditor's Writ Petition Against District Magistrate's Refusal to Assist Under Section 14 SARFAESI Act. District Magistrate Cannot Refuse Assistance on Grounds of Disputed Title or Pending Civil Suit.

The petitioner, SICOM Ltd., a financial corporation, had loaned Rs. 4 crores to M/s Sonaa Oil & Chemical Industries Ltd. Respondent No. 2 was a guaran...