Search Results for "Jurisdictional Objection"

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Bombay High Court Dismisses Arbitration Petition for Lack of Jurisdiction in Stock Broker Dispute. Seat of Arbitration Determined by NSEIL Byelaws, Not by Agreement Clause.

The petitioner, Kantilal Chhaganlal Securities Private Limited, a stock broker, challenged an arbitral award dated 29 April 2010 passed by a panel of ...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Possession — Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 Held Mandatory but Not Required When Suit Is Against Society in Respect of Its Business.

The petitioner, Pimpri Refugee Industrial Co-operative Society, challenged the concurrent judgments of the trial court and the first appellate court w...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case for Lack of Fresh Material. Reopening of Assessment Under Section 147/148 of Income Tax Act, 1961 Based on Mere Change of Opinion Without New Tangible Material is Invalid.

The petitioner, M/s. Crown Consultants Pvt. Ltd., a share and stock broker, filed its return of income for assessment year 2007-08 on 30 October 2007 ...

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Bombay High Court Dismisses Second Appeal in Possession Suit, Confirms Concurrent Findings on Limitation and Valuation. Article 65 of Limitation Act, 1963 applies to suit for possession based on title, and valuation under Section 14(1) of Maharashtra Court Fees Act, 1959 is not a jurisdictional issue.

The appellant, original defendant, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments ...

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Bombay High Court Dismisses Interim Injunction Application in Specific Performance Suit — Plaintiff Fails to Establish Possession and Prima Facie Case. Balance of convenience favors defendant as property stands in defendant's name and no irreparable loss shown.

The present matter is an interim application in a suit for specific performance of an agreement to sell and for permanent injunction. The plaintiff, S...

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Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996.

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 199...