Search Results for "Jurisdictional Objection"

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Search Results for "Jurisdictional Objection"

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High Court

Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

8 Jan 2016

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

High Court

Bombay High Court Hears Chamber Summons for Leave to Execute UK Judgment for Costs Against Judgment Debtor. Applicability of Section 44A CPC and Mandatory Notice Requirement under Order XXI Rule 22 CPC Considered.

5 Jun 2006

The matter arose from a Chamber Summons in execution proceedings before the Bombay High Court, seeking leave to execute a foreign judgment and costs c...

High Court

Divison Bench of Bombay High Court Reserved Judgment in Admiralty Appeal on Quantum of Security for Release of Arrested Vessel M.V. Nordlake; Order of Single Judge Requiring Full-Claim Security Challenged. The appellant foreign ship-owner contended that under the International Convention on Arrest of Ships, 1999 and Rule 954 of the Bombay High Court (Original Side) Rules, security should be limited to the vessel's value of Rs.47 crores, while the respondent Union of India argued that security must cover the full claim of Rs.1058 crores.

7 Mar 2012

The appeal arose from collision between the first defendant vessel, M.V. Nordlake, and the naval vessel INS Vindhyagiri near Mumbai on 30 January 2011...

High Court

Bombay High Court Considers Maintainability of Writ Petition Challenging Selection to Civil Engineering Assistant Posts; Objection Raised on Availability of Administrative Tribunal Remedy. Petitioners Assert High Court Jurisdiction for Quo Warranto, While Respondents Rely on Supreme Court Precedent on Tribunal's Primary Jurisdiction.

4 Jul 2011

The judgment was delivered by the High Court of Judicature at Bombay, Aurangabad Bench, in two consolidated writ petitions (W.P. No. 5266 of 2008 and ...

High Court

High Court Examines Bar of Civil Court Jurisdiction in SARFAESI Proceedings and Rejection of Plaint Under Order VII Rule 11(d) CPC. The judgment addressed whether allegations of non-issuance of Section 13(2) notice permit civil court suit despite Section 34 of SARFAESI Act, 2002, and reviewed trial court's rejection of bank's application.

23 Apr 2021

By way of a civil revision application under the Code of Civil Procedure, 1908, the High Court of Judicature at Bombay, Aurangabad Bench, reviewed an ...

Supreme Court

Supreme Court Allows State Appeal Against Review of Concurrent Findings in Forest Land Dispute Under Andhra Pradesh Forest Act, 1967. High Court Exceeded Review Jurisdiction by Re-appreciating Evidence and Setting Aside Concurrent Findings of Fact.

22 Apr 2024

The Supreme Court allowed the appeal filed by the State of Telangana against the judgment of the High Court of Judicature at Hyderabad, which had revi...

Supreme Court

Supreme Court Allows Appeals by Successful Resolution Applicant and Union Bank in DHFL Insolvency Case, Upholds Resolution Plan Modifications on Avoidance Applications and Confidentiality. The Court held that the NCLAT exceeded its jurisdiction by modifying the resolution plan approved by the CoC and NCLT regarding avoidance applications, and that the commercial wisdom of the CoC is not subject to judicial review except under Section 30(2) IBC.

1 Apr 2025

The Supreme Court disposed of a batch of appeals arising from the insolvency resolution of Dewan Housing Finance Corporation Limited (DHFL) under the ...

Supreme Court

Supreme Court Dismisses State's Appeal in Pension Dispute Under Indian Forest Service Pay Rules. The Court Held That the Principle of Equal Pay for Equal Work Does Not Apply to Grant Pension Benefits Based on an Upgraded Post to a Retired Officer, as the Rules Came into Effect After His Retirement and the Post Required Selection.

27 Jan 2022

The dispute arose from the State of Madhya Pradesh's appeal against High Court orders granting pension benefits to a retired Indian Forest Service off...

Supreme Court

Supreme Court Dismisses Workman's Appeal in Territorial Jurisdiction Dispute — Labour Court at Place of Employment and Termination Has Exclusive Jurisdiction. Merely Shifting Residence and Sending Demand Notice to Head Office Does Not Confer Jurisdiction Under Industrial Disputes Act, 1947.

19 Apr 2022

The appellant, V G Jagdishan, was employed as a driver at the Ghaziabad office of M/s. Indofos Industries Limited. He worked at Ghaziabad and his serv...

Supreme Court

Supreme Court Dismisses Appeal in Civil Suit Over Drain Dispute, Upholding Bar on Civil Court Jurisdiction Under Municipal Act. Civil Court Lacked Jurisdiction as Guwahati Municipal Corporation Act, 1971 Provided Implied Bar and Alternate Remedy Through Commissioner for Drain-Related Rights, Leading to Plaint Rejection Under Order VII Rule 11(d) of Code of Civil Procedure, 1908.

10 Aug 2021

The dispute arose from a title suit filed by the appellant against the respondent in the Court of Munsif No.2, Kamrup Guwahati, seeking a declaration ...

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