Search Results for "Ex-parte Order"

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Search Results for "Ex-parte Order"

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High Court

Bombay High Court Allows Substitution of Heirs in Industrial Dispute Reference After Death of Managing Partner — Labour Court's Ex Parte Award Set Aside for Lack of Notice to Legal Representatives. The court held that proceedings abate upon death of a party and cannot be revived by substituting heirs after the award is passed, violating natural justice under Section 10(1) of the Industrial Disputes Act, 1947.

29 Jul 2011

The petitioner, Harish Thaker, as heir of Himmatbhai Thaker (deceased managing partner of M/s Thaker National Ltd.), challenged an ex parte award date...

High Court

Bombay High Court Allows Section 34 Petition and Sets Aside Ex Parte Arbitral Award for Lack of Proper Notice. Arbitrator Directed to Give Fresh Notice to All Parties Before Proceeding.

6 Dec 2012

The petitioners, Mrs. Prajakta Mahesh Joshi and Mr. Mahesh Shrikrishna Joshi, filed a petition under Section 34 of the Arbitration and Conciliation Ac...

High Court

Gujarat High Court Allows Time to File Appeal and Converts Non-Bailable Warrant to Bailable Warrant in NI Act Case — Petitioner Granted Relief to Appear Before Trial Court. Court Permits Filing of Appeal Against Conviction Under Section 138 of Negotiable Instruments Act, 1881 and Converts Non-Bailable Warrant to Bailable Warrant to Enable Petitioner to Furnish Bail.

16 Mar 2026

The petitioner, Shah Rupal Mahendrabhai, filed two Special Criminal Applications under Article 226 of the Constitution of India before the Gujarat Hig...

High Court

Bombay High Court Grants Ex Parte Decree in Trademark Infringement and Passing Off Suit — Plaintiff's Registered Mark 'ZITA' Infringed by Defendants' Identical Mark. Court holds that registration of assignment with Trademarks Registry is not a prerequisite for filing suit; plaintiff's title to mark established through assignment deeds.

30 Jun 2015

The plaintiff, Glenmark Pharmaceuticals Ltd., filed a suit against G.R.A.F. Laboratories Pvt. Ltd. and Valence Health Care for infringement of its reg...

High Court

Bombay High Court Allows Municipal Council to Challenge Ex-Parte Labour Award on Condition of Costs and Remands Matter for Fresh Adjudication. The Court held that while the petitioner failed to show sufficient cause for setting aside the ex-parte award, the matter was remanded to avoid miscarriage of justice in a public employment case, subject to payment of costs.

16 Dec 2013

The petitioner, Municipal Council, Sillod, challenged an ex-parte award dated 18/01/2012 passed by the Labour Court, Aurangabad in Reference (I.D.A.) ...

High Court

Bombay High Court Dismisses Petition for Custody of Minor Child Filed by Father Residing in USA, Holding That Indian Courts Have Jurisdiction Over Child's Custody When Child Is Ordinarily Resident in India and Mother Has Not Submitted to Foreign Court's Jurisdiction. The court held that the welfare of the child is paramount and that the foreign ex parte order cannot be enforced in India.

15 Jul 2015

The petitioner husband, Dr. Sumit Fogla, and the respondent wife, Shradha Fogla, were married in 2005 in India. The husband was studying medicine in M...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Application Under Order XXXIX Rule 2A CPC for Alleged Violation of Injunction Order. Court holds that mere filing of a suit for permanent injunction does not automatically establish willful disobedience of an interim order without proof of specific notice and deliberate defiance.

23 Feb 2021

The appellants, who were plaintiffs in a suit for permanent injunction, filed an application under Order XXXIX Rule 2A CPC alleging that the responden...

High Court

Bombay High Court Modifies Interim Maintenance in Muslim Divorce Case — Husband's Income and Wife's Earning Capacity Considered. Court reduces interim maintenance under Section 125 CrPC for divorced wife and children, holding that wife's educational qualification and ability to earn must be considered while fixing maintenance.

7 Jul 2011

The applicant, Dr. Shahid Rizwan Khan, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, challenging an order dated...

Supreme Court

Supreme Court Modifies Custody Directions in Child Custody Dispute Between Parents — Mother's Application for Enhanced Visitation and Communication Rights Partially Allowed. The Court upheld its earlier directions regarding video conferencing and visitation, while noting the father's agreement to certain additional protections.

8 Dec 2020

This matter arises from Miscellaneous Applications filed in a child custody appeal. The Supreme Court had earlier passed a judgment on 28.10.2020 in C...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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