Search Results for "reference jurisdiction"

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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...
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Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "reference jurisdiction"

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High Court

High Court of Karnataka Allows Writ Petition Quashing Arbitrator's Orders Refusing to Decide Jurisdiction as Preliminary Issue. Arbitrator Must Rule on Jurisdiction at Threshold Under Section 16 of Arbitration Act, 1940.

30 Jan 2024

The petitioner, M/s. Northroof Ventures Private Limited (formerly M/s. Nitesh Housing Developers Pvt. Ltd.), a company incorporated under the Companie...

High Court

Bombay High Court Quashes Show Cause Notices in GST Case for Lack of Jurisdiction — Services by Municipal Corporation Under Article 243W Attract Nil Rate of Tax Under Notification No.12/2017-Central Tax (Rate). The court held that show cause notices demanding service tax on services rendered by MCGM in relation to functions under Article 243W were without jurisdiction as the services are exempted.

11 Nov 2024

The Bombay High Court dealt with a batch of writ petitions challenging show cause notices issued under the Central Goods and Services Tax Act, 2017 (C...

High Court

High Court of Bombay Upholds Employer's Forfeiture of Gratuity for Employee Convicted of Theft Involving Moral Turpitude. Theft by Bank Employee Constitutes Moral Turpitude Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972, Justifying Forfeiture of Gratuity.

19 Aug 2022

The petitioners, officials of the Bank of Maharashtra, challenged the order of the Appellate Authority under the Payment of Gratuity Act, 1972, which ...

High Court

Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

17 Mar 2021

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

High Court

High Court of Bombay at Goa Allows Assessee's Tax Appeal in Income Tax Revision Case — CIT's Revision Under Section 263 Set Aside. The Court held that revisionary jurisdiction cannot be exercised to validate a void assessment order and directing de novo assessment would extend limitation under Section 153.

19 Oct 2020

The case involves two Tax Appeals filed by Gigabyte Technology (India) Private Ltd (the Assessee) against the Commissioner of Income Tax (the Revenue)...

High Court

Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

27 Sep 2013

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

High Court

Bombay High Court Grants Anti-Suit Injunction Restraining English Proceedings in Breach of Exclusive Jurisdiction Clause. Exclusive jurisdiction clause in EDA held binding despite subsequent MOU; strong cause not shown by defendants.

9 Jul 2014

The Plaintiff, Hansraj Nayyar Medical India, a proprietorship engaged in selling medical products, filed a suit for anti-suit injunction against Smith...

High Court

High Court of Karnataka Quashes Investigation Order in Dowry Harassment Case Due to Lack of Territorial Jurisdiction. Proceedings under Section 498A IPC and Dowry Prohibition Act initiated at Hubballi without any part of cause of action arising within its jurisdiction.

5 Apr 2019

The petitioners, Manveer Singh, Jaspal Singh, and Gurucharan Kaur Sachdeva, filed a petition under Section 482 of the Code of Criminal Procedure, 1973...

High Court

High Court of Karnataka Allows Writ Petition Challenging Order Dismissing Execution Petition as Not Maintainable. Transferee Court Retains Jurisdiction to Execute Decree Despite Dismissal of Prior Execution Petition Without Certificate Under Section 41 CPC.

16 Jul 2013

The petitioner, Narayansa Patil, was the judgment-debtor in a money decree obtained by the respondent, Om Sai Corporation, in O.S. No.67/2004 before t...

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