Search Results for "preliminary fact"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "preliminary fact"

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High Court

Bombay High Court Dismisses Revenue Appeal for Lack of Territorial Jurisdiction in Income Tax Matter. Jurisdiction lies with High Court where Assessing Officer is located, not where ITAT Bench sits.

27 Oct 2020

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT), Panaji Bench, which had ru...

High Court

Bombay High Court Allows Petition Challenging Rejection of Preliminary Issue on Notice Under Section 19(2) of Industrial Disputes Act, 1947 — Notice Served During Settlement Period Held Invalid. Settlement Binding Until Expiry Date, Notice Cannot Terminate It Prematurely.

14 Jun 2012

The petitioners, M/s. Fomento Resorts & Hotels Ltd. and its hotel establishment Cidade de Goa, challenged an order dated 13.03.2012 passed by the Indu...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint for Lack of Jurisdiction in Suit for Damages Against Foreign Company. Territorial Jurisdiction Determined by Place of Contract and Cause of Action, Not by Place of Performance of Warranty Obligations.

21 Feb 2005

The appellant, Kalyanji Walji Private Ltd., filed a suit for damages against Sortex Limited (a UK company), Maharashtra Hybrid Seeds Co. Ltd. (respond...

High Court

Bombay High Court Allows Appeal in Unfair Labour Practice Case — Employee Status Under MRTU & PULP Act Defined. Stenographer promoted to Officer (Training) held not an 'employee' under Section 3(5) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 as he was employed in a supervisory capacity.

20 Jun 2005

The present Letters Patent Appeal arises from a judgment of a learned Single Judge of the Bombay High Court in Writ Petition No.4349 of 1996. The appe...

High Court

Bombay High Court Dismisses Suit for Non-Compliance with Section 69 of Indian Partnership Act and Bar of Res Judicata. Suit by unregistered partnership firm held not maintainable; subsequent suit for same cause of action without withdrawing earlier suit also barred.

6 May 2005

The plaintiff, Jayesh Pandya, a real estate broker, conducted business under the name 'Pandya & Shah Associates', which was an unregistered partnershi...

High Court

Bombay High Court Dismisses Suit for Specific Performance Due to Bar Under Order 2 Rule 2(3) CPC — Plaintiff Omitted to Sue for Relief in Previous Suit on Same Cause of Action Without Leave. The court held that the cause of action in both suits was identical, arising from the same term-sheet agreement, and the plaintiff's failure to seek specific performance in the earlier suit without leave barred the subsequent suit.

19 Aug 2014

The plaintiff, Govind B. Bajaj, filed Suit No. 186 of 2013 in the Bombay High Court seeking specific performance of a term-sheet agreement for joint d...

High Court

High Court of Bombay at Nagpur Allows Appeal Against Return of Plaint in Contract Dispute — Arbitration Clause Does Not Bar Civil Suit. Court holds that existence of an arbitration clause in a contract does not oust the jurisdiction of civil courts unless the dispute is referred to arbitration under the Arbitration and Conciliation Act, 1996.

30 Jun 2015

The appellant, M/s. S.S. Dave and Company, a partnership firm, filed a civil suit against the respondent, Zilla Parishad, Chandrapur, seeking certain ...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

15 Dec 2022

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellants (legal representatives of t...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Over Rectification Deed — Upholds Concurrent Findings on Possession and Title. The court held that the plaintiff failed to prove possession and title over the suit property, and the rectification deed did not alter the defendant's prior rights.

30 Jun 2017

The appellant, Shubhangi Ramesh Bhatkar, was the plaintiff in Regular Civil Suit No. 15 of 2006 before the Civil Judge, Senior Division, Ratnagiri. Sh...

High Court

High Court of Karnataka Allows Bank Employee's Writ Petitions for Ex-Gratia and Pension Arrears — Syndicate Bank Directed to Pay Balance 50% Ex-Gratia with Interest and Recompute Pension. The court held that ex-gratia is a contractual benefit and cannot be withheld arbitrarily, and that the penalty of reduction in pension by 50% for five years was disproportionate.

9 Jul 2018

The petitioner, S M Adiga, a retired Assistant General Manager of Syndicate Bank, filed two writ petitions under Article 226 of the Constitution of In...

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