Search Results for "Territorial applicability"

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High Court of Bombay Answers Reference on Applicability of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Bench Composition for Section 14-A Appeals. Reference Arises from Multiple Criminal Appeals Concerning Bail Orders in Atrocities Act Cases.

Background: The High Court of Bombay was seized of multiple criminal appeals arising under the Scheduled Castes and Scheduled Tribes (Prevention of At...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Arbitration Dispute. Court holds that no part of cause of action arose within its jurisdiction as contract was executed and performed in Chennai, and arbitration venue was Chennai.

The petitioner, M/s. Roman Tarmat Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injunction restrain...

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Supreme Court Dismisses Appeal of Manufacturer Challenging Turnover Tax Assessment Under Karnataka Sales Tax Act. Levy of turnover tax on total turnover including interstate sales for classification purposes is constitutionally valid and does not exceed legislative competence.

The appellant, M/s. Achal Industries, a manufacturer and registered dealer of cashew kernels and cashew shell oil, was assessed for turnover tax under...

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Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented.

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instrument...

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Bombay High Court Dismisses Municipal Corporation of Delhi's Petition Seeking Mandamus Against State of Maharashtra to Execute Distress Warrants. Delhi Municipal Corporation Act, 1957 Has No Extra-Territorial Application, Hence No Duty on Maharashtra Authorities.

The Petitioner, Municipal Corporation of Delhi (MCD), a statutory body under the Delhi Municipal Corporation Act, 1957, filed a writ petition in the B...

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Bombay High Court Dismisses Revenue's Appeal for Lack of Jurisdiction in Income Tax Case. Appeal Against Bangalore ITAT Order Lies Only Before Karnataka High Court Under Section 260A of Income Tax Act, 1961.

The case involves an appeal filed by the Pr. Commissioner of Income Tax -3, Pune (the Revenue) under Section 260A of the Income Tax Act, 1961, challen...

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Bombay High Court Dismisses Appeals in International Commercial Arbitration Dispute Over Applicability of Part-I of Arbitration Act. Part-I of Arbitration and Conciliation Act, 1996 Held Inapplicable Where Parties Chose Mumbai as Venue for Convenience but Arbitration Governed by ICC Rules.

The case involves two appeals arising from a judgment of a Learned Single Judge of the Bombay High Court dismissing a petition filed by Konkola Copper...