Search Results for "Jurisdiction"

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Bombay High Court Quashed Rejection of Junior Clerk’s Appointment Proposal and Imposed Costs on Management. Appointment Order Upheld Despite Procedural Irregularities — Court Directed Approval with Cost Penalty on Management

The Court found procedural irregularities in the recruitment process but noted that the appointed candidate was not at fault. Held that the post of J...

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Removal of Managing Committee Members Under Section 78A of the Maharashtra Co-operative Societies Act, 1960 – Validity of Membership and Jurisdiction of Registrar

Court Upholds Removal of Committee Members Without Ownership of Flats in Society’s Building – Developer’s Dual Role Under Scrutiny The Court up...

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Bombay High Court Issued Writ of Prohibition Against Proceedings by Non-Financial Institution

Constitution of India, 1950 (COI) – Article 226 and Article 227 – High Court’s writ jurisdiction to issue Writ of Prohibition when there is a cl...

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Bombay High Court Quashed Arbitral Tribunal’s Order on Jurisdiction — Distributor Agreement’s Extension and Arbitration Clause Dispute

Interpretation of Arbitration Agreement’s Validity Post Expiration of the Principal Contract — Section 37(2)(a) of the Arbitration and Conciliatio...

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Supreme Court Dissolves Marriage on Grounds of Irretrievable Breakdown, Quashes Extradition Proceedings, and Awards Permanent Alimony

Supreme Court Exercises Powers Under Article 142 of the Constitution of India to Dissolve Marriage, Quash Litigations, and Direct Release of Impounded...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Acquisition Of Land – Right To Fair Compensation – Illegality Of Forced TDR/FSI Grant – Applicability Of The Maharashtra Regional Town Planning Act, 1966 And The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013

The acquisition must follow statutory requirements – In the absence of an agreement for TDR/FSI, monetary compensation under the 2013 Act is mandato...

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Supreme Court Restores Personal Insolvency Proceedings Against Personal Guarantor – High Court’s Judicial Review Set Aside

Interpretation of Insolvency and Bankruptcy Code, 2016 – Limits of High Court’s Jurisdiction Under Article 226 of the Constitution of India The S...

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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...