Search Results for "Jurisdictional Objection"

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Search Results for "Jurisdictional Objection"

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High Court

Bombay High Court Quashes Minister's Order Cancelling Fair Price Shop License Without Hearing — Violation of Natural Justice Under Essential Commodities Act, 1955. License Cancellation Set Aside for Non-Compliance with Audi Alteram Partem Principle.

4 Feb 2014

The petitioner, Dinesh Bansilal Agrawal, was a licensee of a fair price shop under the Essential Commodities Act, 1955. The Minister of Food, Civil Su...

High Court

Bombay High Court Upholds Transfer of MCOC Case to Sessions Court for Lack of Jurisdiction — Offence Not Under MCOC Act. Special Court Correctly Found No Organized Crime Syndicate or Continuing Unlawful Activity Under Section 2(1)(e) and Section 3 of MCOC Act.

25 Jun 2014

The case involves two appeals against an order dated 7th October 2011 passed by the Special Court under the Maharashtra Control of Organized Crime Act...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

High Court

Bombay High Court Dismisses Civil Revision Application in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Court held that revisional jurisdiction is limited to jurisdictional errors and cannot be used to re-appreciate evidence or correct erroneous findings of fact.

30 Nov -0001

The case involves a civil revision application filed by Madhav Sheshadri Kulkarni against the dismissal of his suit for declaration and injunction. Th...

High Court

Bombay High Court Dismisses Petition Challenging Eviction Orders in Redevelopment Project Under DCR 33(7). Petitioners offered alternative accommodation on same land but challenged eviction notices; court held that once consent is given for redevelopment, eviction is lawful and challenge is not maintainable.

6 Feb 2015

The petitioners, Vijay Shantaram Mandavkar and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Cou...

High Court

Bombay High Court Dismisses Petition Challenging Restoration of Land to Scheduled Tribe Under Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 — Petitioner's Long Possession as Tenant Does Not Bar Restoration.

2 Feb 2015

The petitioner, Hirakant Ramchandra Kothari, filed a writ petition under Article 227 of the Constitution of India challenging two orders: one dated 23...

High Court

Bombay High Court Allows Writ Petition Challenging Preliminary Issue on Jurisdiction in Construction Dispute. Civil Court Jurisdiction Not Barred Under Section 488 of Maharashtra Municipal Corporations Act, 1949 for Suit Alleging Violation of Byelaws and Infringement of Civil Rights.

18 Apr 2015

The petitioner, Satish Trivedi, filed a writ petition challenging an order of the Civil Judge, Senior Division, Chandrapur, which decided a preliminar...

High Court

Bombay High Court Upholds City Civil Court's Lack of Jurisdiction in Cooperative Society Dispute — Plaint Returned for Presentation to Proper Court. The dispute pertains to recovery of possession and mesne profits by a cooperative housing society against its members and tenants, which falls under the Maharashtra Cooperative Societies Act, 1960, and is triable by the Cooperative Court.

25 Aug 2015

The petitioner, M/s. Vinayak Ashish Cooperative Housing Society Ltd., filed a suit in the City Civil Court at Bombay against the respondents, who are ...

Supreme Court

Supreme Court Sets Aside High Court Judgment Invalidating Co-operative Society Bye-laws on Maintainability and Validity Grounds. Writ Petitions Under Article 226 Were Not Maintainable Against Private Co-operative Societies as No Statutory Duty Was Breached and Alternative Remedy Existed Under the Rajasthan Co-operative Societies Act, 2001, and the Bye-laws Prescribing Eligibility Conditions for Election Contests Were Held Valid Under Section 8 Read with Schedule B.

10 Apr 2026

The dispute arose from writ petitions filed by Primary Milk Producers' Co-operative Societies challenging the validity of certain bye-laws framed by D...

High Court

High Court of Karnataka Dismisses Appeal Against Setting Aside of Arbitral Award in Hire Purchase Dispute — Arbitrator Exceeded Jurisdiction by Not Filing Award in Court as Required Under Section 14(2) of Arbitration Act, 1940. The court held that failure to file the award under Section 14(2) is a jurisdictional error and the award is liable to be set aside under Section 30 of the Act.

9 Feb 2024

The appellant, M/s. ICDS Ltd., a company incorporated under the Companies Act, 1956, filed a claim before an arbitrator against respondent No.1 (hirer...

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