Search Results for "Preliminary Issue"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Preliminary Issue"

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High Court

Bombay High Court Dismisses Appeal Against Return of Plaint for Lack of Jurisdiction in Suit for Damages Against Foreign Company. Territorial Jurisdiction Determined by Place of Contract and Cause of Action, Not by Place of Performance of Warranty Obligations.

21 Feb 2005

The appellant, Kalyanji Walji Private Ltd., filed a suit for damages against Sortex Limited (a UK company), Maharashtra Hybrid Seeds Co. Ltd. (respond...

High Court

Bombay High Court Dismisses Writ Petition Challenging Refusal to Decide Non-Joinder Issue as Preliminary Issue. Order 14 Rule 2 CPC does not mandate preliminary determination of mixed questions of law and fact.

26 Sep 2014

The petitioners, who were original defendants in a civil suit for damages filed by the respondents, challenged the Trial Court's order refusing to dec...

High Court

High Court of Bombay at Nagpur Allows Appeal Against Return of Plaint in Contract Dispute — Arbitration Clause Does Not Bar Civil Suit. Court holds that existence of an arbitration clause in a contract does not oust the jurisdiction of civil courts unless the dispute is referred to arbitration under the Arbitration and Conciliation Act, 1996.

30 Jun 2015

The appellant, M/s. S.S. Dave and Company, a partnership firm, filed a civil suit against the respondent, Zilla Parishad, Chandrapur, seeking certain ...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Commercial Dispute Over Coal Handling Services. Court upholds arbitral tribunal's finding that allegations of fraud were not serious enough to render dispute non-arbitrable and rejects challenge to award under Section 34 of Arbitration and Conciliation Act, 1996.

8 Nov 2023

The case involves a Commercial Arbitration Petition filed by Maharashtra Power Generation Company Ltd. (Petitioner) seeking to set aside an arbitral a...

Supreme Court

Supreme Court Dismisses Appeals of Candidates Seeking Appointment from Expired Ranked List. No Right to Appointment Arises After Ranked List Expiry, Even for Vacancies Reported Later.

16 Mar 2020

The Supreme Court dismissed a batch of civil appeals filed by candidates empanelled in the first Ranked List (RLI) dated 11.9.2013 for the post of Sub...

High Court

Bombay High Court Partly Allows Revision in Civil Suit Jurisdiction Dispute — Trial Court Directed to Frame Preliminary Issue Under Section 9A CPC on Valuation and Limitation. The court held that mixed questions of law and fact regarding jurisdiction, valuation, and limitation under Section 9A CPC and Bombay Court Fees Act require framing of issue and evidence before decision.

26 Oct 2015

The case arises from Regular Civil Suit No. 1041 of 2014 pending before the trial court. The applicant (original defendant) filed two applications: on...

High Court

Bombay High Court Allows Employer's Appeal in Industrial Dispute — Issue of Workman Status Not Barred by Res Judicata. Earlier Writ Petition Challenged Reference Order, Not the Preliminary Issue of Workman Status Under Section 2(s) of Industrial Disputes Act, 1947.

4 Jul 2017

The appellant, Manganese Ore (I) Ltd., a government company, challenged the judgment of a learned Single Judge of the Bombay High Court, Nagpur Bench,...

Supreme Court

Supreme Court Allows Appeal in Tax Dispute Over Buy-Back of Shares Under Section 115QA of Income Tax Act, 1961. The Court held that buy-back pursuant to a scheme of arrangement under Section 391 of the Companies Act, 1956, is not covered by Section 115QA as it stood prior to the amendment effective from 01.06.2016.

22 Nov 2019

The appellant, Genpact India Private Limited, a domestic unlisted company, bought back shares from its sole shareholder, Genpact India Investment, Mau...

High Court

High Court of Bombay Upholds Reinstatement of Bank Employee in Disciplinary Matter — Full Back Wages Awarded for Flawed Inquiry. Syndicate Bank's Dismissal of Clerk for Alleged Misconduct Set Aside as Inquiry Was Vitiated by Bias and Non-Supply of Documents.

11 Apr 2014

The petitioner, Syndicate Bank, a nationalised bank, challenged the Part-I Award dated 28.5.2003 and Part-II Award dated 7.9.2010 passed by the Centra...

High Court

Bombay High Court Dismisses Suit for Specific Performance Due to Bar Under Order 2 Rule 2(3) CPC — Plaintiff Omitted to Sue for Relief in Previous Suit on Same Cause of Action Without Leave. The court held that the cause of action in both suits was identical, arising from the same term-sheet agreement, and the plaintiff's failure to seek specific performance in the earlier suit without leave barred the subsequent suit.

19 Aug 2014

The plaintiff, Govind B. Bajaj, filed Suit No. 186 of 2013 in the Bombay High Court seeking specific performance of a term-sheet agreement for joint d...

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