Search Results for "non obstante"

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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 "non obstante"

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High Court

Bombay High Court Allows SIDBI's Petition Against CBDT Order Denying Tax Exemption on Dividend Distribution. Section 50 of SIDBI Act, 1989 exempts SIDBI from all income tax including additional income tax under Section 115-O of Income Tax Act, 1961.

2 Dec 2021

The petitioner, Small Industries Development Bank of India (SIDBI), a financial institution established under the Small Industries Development Bank of...

High Court

Bombay High Court Hears Appeal Against Dismissal of Suit as Barred by Limitation in Benami Transaction Dispute. Preliminary Issues Under Section 9A CPC Involved Bar of Benami Act and Limitation.

18 Apr 2023

The appeal before the Bombay High Court arose from the dismissal of Suit No.777 of 2014 by a learned Single Judge on the ground of limitation. The app...

Supreme Court

Supreme Court Dismisses Appeal Against High Court Order Refusing Termination of Arbitral Tribunal Mandate. Appellant Failed to Demonstrate Bias or Justifiable Doubts Under Section 14 of the Arbitration and Conciliation Act, 1996.

4 Jan 2022

The appellant, a supplier of paper, entered into a contract with the respondent in 1993. Disputes arose regarding payment and quality of supply. The a...

High Court

High Court of Karnataka Hears Challenge to Arbitrator's Interlocutory Order on Summoning of Documents. Court Considers Maintainability of Writ Petitions Against Interlocutory Orders Under Articles 226 and 227 in Light of SBP & Co. v. Patel Engineering.

16 Mar 2023

The dispute arose between Dodballapur Integrated Textile Park Limited and the claimants, Vinod G. Jain and Premalatha G. Jain, under a sub-lease agree...

High Court

High Court of Karnataka Hears Consolidated Writ Petitions Challenging Forest Development Tax Imposed on Mining Operations — Petitions Filed Under Articles 226 and 227 of Constitution of India Seek to Declare Notification Ultra Vires and Quash Demand Notices. The petitioners contended that Section 98A of Karnataka Forest Act, 1963 and the Notification dated 16.08.2008 were unconstitutional and not applicable to mining leases on non-forest lands.

3 Dec 2015

The High Court of Karnataka heard a batch of writ petitions filed by various mining companies, individuals, and an industry association challenging th...

High Court

High Court of Bombay at Nagpur Bench Allows Bank's Petition, Holds Secured Creditor's Charge Prevails Over State's Statutory First Charge Under MVAT Act and Profession Tax Act. The court ruled that Section 26E of the SARFAESI Act, 2002 gives priority to the secured creditor over all other debts, including statutory dues of the State, and that the non-obstante clause in the SARFAESI Act overrides the provisions of the Maharashtra Value Added Tax Act, 2002 and the Profession Tax Act, 1975.

17 Dec 2021

The petitioner, Union Bank of India, had sanctioned cash credit and inland letter of credit facilities of Rs.10 crores to respondent No.4, M/s. Linkso...

High Court

High Court of Karnataka Examines Validity of Notification Imposing Forest Development Tax under Karnataka Forest Act, 1963 — Multiple Mining Companies Challenge the Levy as Ultra Vires the Constitution and Forest Laws.

3 Dec 2015

The matter involved a batch of writ petitions filed before the High Court of Karnataka by various mining companies, individuals, and an industry assoc...

High Court

Karnataka High Court Dismisses Writ Petition Challenging Detention of Goods under IGST: State Commercial Tax Officer Held to Have Jurisdiction Under Section 4 of IGST Despite No Separate Notification. Cross-Empowerment Under Section 4 of IGST Is Default Rule; No Separate Notification Required for State Officers' Jurisdiction Under IGST.

5 Mar 2025

The Karnataka High Court considered a writ petition filed by a proprietorship concern challenging orders of extension of physical verification, confis...

High Court

High Court of Bombay Hears Commercial Arbitration Appeal on Arbitrator Ineligibility Under Section 12(5) of Arbitration and Conciliation Act. Consent to Appointment of Managing Director as Sole Arbitrator Raises Question of Waiver and Patent Illegality.

21 Apr 2025

The dispute arose from an agreement dated 30 October 2013 between the appellant, a contractor, and the respondent, a private limited company engaged i...

High Court

Bombay High Court Dismisses Section 9 Petition for Interim Relief in Arbitration Dispute Over Lease Deposit Refund. Court holds that a claim for refund of a deposit is a monetary claim and cannot be secured by way of interim measure under Section 9 of the Arbitration and Conciliation Act, 1996 unless there is a specific agreement or clear evidence of intention to create a charge.

7 May 2012

The petitioner, BNP Paribas Securities India Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim...

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