Search Results for "tribunal fact finding"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "tribunal fact finding"

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High Court

Bombay High Court Dismisses Appeals Against Arbitral Award in Commodity Brokerage Dispute — Upholds Award of Damages for Unauthorized Trades and Deficiency in Service. The Court held that the arbitrator's findings on breach of contract and negligence were not perverse and did not warrant interference under Section 37 of the Arbitration and Conciliation Act, 1996.

30 Dec 2020

The case involves appeals filed by IFIN Commodities Limited (the appellant-broker) against an arbitral award that had been upheld by a Single Judge un...

High Court

Bombay High Court Allows Trust's Eviction Petition Under Section 120(c) of Maharashtra Tenancy Act — Tenancy Rights Extinguish on Death of Last Tenant. Successors Not Entitled to Protection Under Section 120(c) of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 as They Were Not Personally Cultivating the Land.

23 Feb 2016

The petitioner, Vidarbha Maharogi Seva Mandal, a public trust registered in 1961-1962, was the owner of agricultural land bearing Survey No.83 and Gat...

High Court

Bombay High Court Considers Validity of DRAT Orders on Pre-Deposit Waiver and Status Quo in Secured Asset Auction. Legal Question Concerns Applicability of Section 18 Pre-Deposit Requirement to Appeals Dismissing Condonation of Delay and Challenging Sale Certificate.

8 Jun 2026

The judgment concerns two writ petitions filed by an auction purchaser (Aloukik Construwell LLP) and a secured creditor (HDFC Bank Limited) challengin...

High Court

Bombay High Court Allows Assessee's Appeal in Permanent Establishment Case — Remand by Tribunal Set Aside. The Court held that the burden of proving the existence of a Permanent Establishment lies on the Revenue, and the Tribunal erred in remanding the matter without such proof under Section 260A of the Income Tax Act, 1961.

29 Aug 2018

The case involves three Income Tax Appeals filed by the assessee, Co-operative Centrale Reiffeisen-Boerenleenbank B. A., a Dutch cooperative bank, cha...

High Court

Bombay High Court Dismisses Sales Tax Reference by Dealer in Setoff Disallowance Case. Rule 41D of Bombay Sales Tax Rules, 1959 restricts setoff to raw materials and consumable stores, not capital assets like scientific equipment used for research and development.

10 Feb 2015

The case is a sales tax reference under Section 61 of the Bombay Sales Tax Act, 1959, arising from an order of the Maharashtra Sales Tax Tribunal date...

High Court

High Court of Karnataka Dismisses Appeal Against CLB Order in Company Law Dispute — Share Purchase Agreement Validity Must Be Decided by Civil Court First. CLB's direction to approach civil court for determination of disputed share transfer before proceeding with company petition under Sections 397 and 398 of Companies Act, 1956 upheld.

5 Aug 2016

The appeal was filed by Mr. K. Ravinder Reddy against an order of the Company Law Board (CLB) dated 13-01-2016 in Company Petition No. 10 of 2015. The...

High Court

Bombay High Court Division Bench Considers Teacher's Reinstatement in LPA; Reviews Requirement for Preliminary Issue on Appointment Validity Under MEPS Act, Section 5. Appointment on Reserved Post with Higher Qualification Questioned; Court Clarifies That Issue of Appointment Compliance Is Not Jurisdictional and Must Be Pleaded.

5 Dec 2012

The appeal arose from a service dispute where the appellant, a Scheduled Caste teacher holding M.A., B.Ed., was appointed on 1 August 2000 to teach st...

High Court

Bombay High Court Dismisses Petition Challenging Promotion in State Excise Department — Seniority and Eligibility Determined by Recruitment Rules and Select List. The court upheld the Tribunal's dismissal of the challenge to promotion of respondents to Joint Commissioner post, finding petitioner not eligible as per select list.

25 Jul 2017

The petitioner, Pratapsinh Damodar Golekar, a Deputy Commissioner of State Excise, filed Original Application No.220 of 1995 before the Maharashtra Ad...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Enforce Foreign Arbitral Award Under Section 50(1)(b) of Arbitration & Conciliation Act, 1996 — Award Not Binding on Non-Signatory Respondents as They Were Not Parties to Arbitration Agreement.

4 Jan 2017

The appellant, Integrated Sales Services Limited (ISSL), a Hong Kong company, entered into a Representation Agreement on 18th September 2000 with DMC ...

High Court

Bombay High Court Allows Writ Petitions Against SARFAESI Proceedings Due to Non-Compliance with Section 18(1) Second Proviso — Debt Recovery Tribunal Failed to Consider Borrower's Application Before Issuing Recovery Certificate. The court held that the DRT must decide an application for waiver or reduction of the pre-deposit under Section 18(1) second proviso of the SARFAESI Act before entertaining the appeal or issuing a recovery certificate.

8 Oct 2013

The judgment involves two writ petitions filed under Article 226 of the Constitution of India challenging the actions of secured creditors under the S...

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