Search Results for "Extended limitation"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Extended limitation"

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High Court

Bombay High Court Dismisses Appeal Against Rejection of Condonation of Delay in Filing Section 34 Application Under Arbitration Act. Delay of 30 Days Beyond Three-Month Period Not Condonable as Per Section 34(3) Proviso.

10 Apr 2023

The appellant, Nagrik Sahakari Rugnalaya and Research Center Limited, a cooperative society, challenged an arbitral award dated 10.11.2021 passed by t...

High Court

Bombay High Court Quashes Show Cause Notices in Service Tax Case Due to Limitation and Lack of Jurisdiction. Multiple SCNs issued beyond normal period of limitation without proper justification under proviso to Section 73(1) of Finance Act, 1994 are invalid.

24 Mar 2022

The petitioner, ATA Freight Line (I) Pvt. Ltd., a company engaged in freight forwarding and logistics services, filed a writ petition under Article 22...

High Court

Bombay High Court Dismisses Petition Challenging Late Filing of Written Statement in Commercial Suit — Service of Writ of Summons Not Mandatory When Defendant Has Entered Appearance and Received Plaint and Notice of Motion. The court held that the object of service of summons is to give notice, and if the defendant has already appeared and received the plaint, formal service is not required under Order VIII Rule 1 CPC and Section 16 of the Commercial Courts Act, 2015.

21 Dec 2022

The Petitioner, Metro Ortem Ltd, a public limited company, filed a Commercial Suit No. 3 of 2019 before the Bombay City Civil Court at Mumbai against ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Appeal in Electricity Theft Case — Limitation Period Under Section 127 of Electricity Act, 2003 Is Mandatory and Cannot Be Extended. The court held that an appeal filed after 4 years and 7 months from the assessment order under Section 126 is time-barred, and the appellate authority has no power to condone delay beyond 30 days.

18 Jul 2011

The petitioner, Alka Agrawal, a consumer of the Maharashtra State Electricity Board (MSEB), was alleged to have committed theft of electricity between...

High Court

Bombay High Court Allows Appeal Against Tribunal's Predeposit Order in Central Excise Case — Prima Facie Case for Waiver Established. The court held that the Tribunal's direction to deposit Rs. 11.52 lakhs under Section 35F of the Central Excise Act, 1944 was unsustainable as the appellant had made out a strong prima facie case on the issue of suppression of facts and limitation.

26 Jul 2011

The appellant, Vinar Ispat Limited, was engaged in converting billets, blooms, and slabs purchased from various manufacturers on a job work basis into...

High Court

Bombay High Court Upholds Acquittal of Police Officers in Custodial Violence Case Due to Limitation Bar Under Section 161 of Bombay Police Act, 1951. Prosecution for Offences Under Sections 330, 324, 323, 354, 166 IPC Filed Beyond Six Months from Date of Incident Held Not Maintainable.

22 Jan 2015

The State of Maharashtra appealed against the acquittal of two police officers, Sheshrao Thombre (ASI) and Kacharu Rengade (Police Constable), who wer...

Tribunals

NCLAT Allows Section 95 Application Against Personal Guarantors in IBC Case — Limitation Period for Filing Application Under Section 95 Commences from Date of Default in Demand Notice Under Guarantee Contract, Not from Date of NCLT Order Admitting Corporate Debtor. The court held that the limitation for filing an application under Section 95 of the Insolvency and Bankruptcy Code, 2016 against a personal guarantor runs from the date of default in the demand notice under the guarantee contract, and not from the date of the NCLT order admitting the corporate debtor.

22 Oct 2024

The National Company Law Appellate Tribunal (NCLAT) at Chennai, by a common judgment dated 22.10.2024, allowed two appeals filed by the State Bank of ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Infrastructure Dispute Over Concession Agreement — State's Objection on Limitation Rejected as Arbitrability Question for Tribunal. The court held that the issue of limitation is a matter for the arbitrator to decide under Section 11(6) of the Arbitration and Conciliation Act, 1996, and appointed a sole arbitrator to adjudicate disputes arising from a BOT project.

19 Sep 2017

The applicant, Kakade Infrastructure Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appoin...

High Court

High Court of Karnataka Dismisses Appeal by Industrial Development Board in Suit for Declaration and Injunction — Board's Failure to Prove Title and Possession Leads to Dismissal. The court held that the Board, as a statutory authority, must prove its title and possession before seeking eviction, and its failure to do so results in dismissal of the appeal.

26 Apr 2016

The appeal was filed by the Karnataka Industrial Areas Development Board (KIADB) and its officers against the judgment and decree dated 12.12.2012 pas...

High Court

High Court of Karnataka Dismisses Assessee's Appeal in Income Tax Reopening Case — Reopening Notice Under Section 148 Held Valid Despite Limitation Argument. The court upheld the Tribunal's order confirming the addition of Rs.4,97,046/- as unexplained investments under Section 69 of the Income Tax Act, 1961.

14 Aug 2015

The appellant, Mrs. Maina Shetty, filed an appeal under Section 260-A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate T...

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