Search Results for "District Judge Jurisdiction"

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High Court of Karnataka Allows Writ Petition Challenging Execution of Arbitral Award Without Decree — Arbitral Award Cannot Be Executed Directly Under Section 38 CPC Without Prior Decree Under Section 36 of Arbitration Act.

The petitioner, Sri Chandrashekhar, was the judgment debtor in execution proceedings before the Principal District and Sessions Judge, Mysore. The dec...

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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.

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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Bombay High Court Allows State Appeal Against Discharge Under MCOC Act — Prima Facie Material Found Sufficient for Trial. The Court held that the Special Judge erred in allowing transfer under Section 11 MCOC Act without considering the prima facie material indicating organized crime.

The State of Maharashtra appealed against the judgment and order dated 2nd September 2002 passed by the learned Special Judge, MCOC Act, Nashik in MCO...

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Supreme Court Dismisses Appeal in Consumer Dispute Over Telecom Service Provider Jurisdiction - Section 7B of Indian Telegraph Act, 1885 Does Not Bar Consumer Forums from Adjudicating Disputes with Private Service Providers Under Consumer Protection Act, 1986.

The civil appeal originated from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 26 May 2016, which affirmed the juris...

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Bombay High Court Dismisses Letters Patent Appeal Against Single Judge Order in Industrial Dispute — Maintainability of Appeal Under Clause 15 of Letters Patent Against Order in Writ Petition Under Articles 226 and 227 of Constitution of India

The case involves an industrial dispute between National Textile Corporation (SM) Ltd. (appellant/employer) and Devraj Chandrabali Pai (respondent/emp...

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High Court of Karnataka Hears Regular Second Appeal Against Decree Declaring Suit Darga as Personal Property. The Wakf Board Appealed the First Appellate Court’s Finding that It Failed to Adduce Evidence of Wakf Declaration under Sections 4 and 5 of the Wakf Act, 1995.

The appeal arose from a suit for injunction filed by the plaintiffs, who along with defendant No.1 claimed joint ownership and management of the suit ...

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Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996.

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 199...

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Bombay High Court Allows Tenant's Petition in Bombay Tenancy Act Case — Certificate of Purchase Under Section 32M Cannot Be Challenged After 9 Years. The Court Held That the Certificate Is Conclusive and the Landlord Cannot Seek Termination of Tenancy After the Tenant Has Purchased the Land.

The case involves a dispute under the Bombay Tenancy and Agricultural Land Act, 1948 regarding agricultural land bearing Gat No. 98 in village Tilleha...