Search Results for "prior proceedings"

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High Court

High Court of Bombay at Goa Dismisses Petition Challenging Arbitrator's Order on Non-Applicability of 2015 Amendment. The Court held that the Amendment Act of 2015 does not apply to arbitral proceedings commenced before 23 October 2015, and the arbitrator's order refusing extension of time under Section 29A was not amenable to Article 227.

1 Nov 2018

The petitioner, the Chief Engineer of the Public Works Department, Government of Goa, challenged an order dated 06/06/2018 passed by the learned Sole ...

High Court

Bombay High Court Reserved Judgment on Challenge to Section 84 of Multi-State Co-operative Societies Act, 2002 and Arbitrator's Appointment. Petitioner Challenged Appointment of Single Arbitrator for All Bank Disputes as Violative of Article 14 of the Constitution and Sought Setting Aside of Arbitral Award.

13 Oct 2017

M/s J. Square Steels Pvt. Ltd. (principal borrower) availed credit facilities from Abhyudaya Co-operative Bank Ltd. in 2005 and defaulted, leading to ...

High Court

Bombay High Court Considers Validity of AAIFR Order Setting Aside BIFR's Exclusion of ULC Land from Sick Company's Rehabilitation Scheme. The Court Examines Whether the Remand for Modification Was Justified Under SICA and ULC Provisions.

28 Feb 2014

The petitioner, Swayam Realtors and Traders LLP, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay ...

High Court

Bombay High Court Declines to Answer Reference on Academic Issue When Underlying Writ Petition Disposed of. Full Bench holds that a larger bench cannot answer a reference for academic purposes when the cause is not live.

21 Jan 2021

The Full Bench of the Bombay High Court at Nagpur was constituted to resolve a conflict of opinion between two Division Bench decisions: Saroj Iyer v....

High Court

Bombay High Court Allows Writ Petition Challenging Dismissal of Employee Without Proper Domestic Inquiry — Violation of Natural Justice and Service Rules. The court held that dismissal without a proper domestic inquiry is invalid and directed reinstatement with back wages.

29 Nov 2006

The case involves a writ petition filed by Mrs. Vatsala Premchand Sarmal, the petitioner, challenging the dismissal of the First Respondent, Mr. Raghu...

High Court

Bombay High Court Quashes Reference Order in Contract Labour Dispute — Lack of Jurisdiction Under Section 10 of Industrial Disputes Act, 1947. Reference of dispute regarding contract labourers to Industrial Tribunal without determining employer-employee relationship under Contract Labour (Regulation and Abolition) Act, 1970 is bad in law.

1 Aug 2014

The petitioner, BASF India Ltd, a factory manufacturing construction chemicals, employed about 35 workmen directly and engaged contract labourers thro...

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...

Supreme Court

Supreme Court Allows Appeals Against High Court Order Staying Arbitral Proceedings and Rejecting Preliminary Objection on Maintainability of Revision Petition Under Article 227 of the Constitution of India. The High Court's interference under Article 227 was held to be barred by Section 5 of the Arbitration and Conciliation Act, 1996, as the Act provides a complete mechanism for challenging arbitral orders.

14 Jul 2026

The present appeals arise from an interim order dated 02.09.2025 and a final order dated 28.01.2026 passed by the High Court of Gauhati in CRP/120/202...

High Court

Bombay High Court Dismisses Writ Petition Challenging Settlement Commission Order Under Section 245D(4) of Income Tax Act — No Jurisdictional Error Found in Rejecting Settlement Application for Non-Disclosure of Full Income.

22 Feb 2012

The petitioner, Major Metals Ltd., filed a writ petition under Article 226 of the Constitution challenging an order dated 30 December 2010 passed by t...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Nil Tax Withholding Certificate Under Section 197 of Income Tax Act, 1961 — Holds That Payments for International Delivery Services Are Not Royalty or Fees for Technical Services Under DTAA. The court directed issuance of nil withholding certificate as the payments are business profits not taxable in India under Article 7 of the India-USA DTAA.

30 Sep 2013

The petitioner, UPS Worldwide Forwarding Inc., a US company, challenged an order dated 21 March 2013 passed by the Director of Income Tax (Internation...

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