Search Results for "Jurisdictional Objection"

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Bombay High Court Dismisses Insurer's Appeal, Upholds Inclusion of Salary Allowances in Income for Compensation Calculation Under Motor Vehicles Act. Court Holds That All Allowances Part of Pay Structure Are Includible and Compassionate Appointment Does Not Reduce Dependency Loss.

The appeal arose from a Motor Accident Claims Tribunal award granting compensation of Rs. 50,75,000/- to the widow, minor son, and mother of one Haris...

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Supreme Court Allows Appeal Against Madras High Court Decision on Validity of Security Bond and Priority in Rateable Distribution. Charge Created by Security Bond Held Valid Despite Lack of Attestation; Decree Holder Entitled to Priority Under Section 73(1) Proviso (c) Code of Civil Procedure.

The appellant (M. L. Abdul Jabhar Sahib) instituted C.S. No. 56 of 1953 on the Original Side of the Madras High Court against Hajee Ahmed Batcha for r...

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High Court of Bombay Hears Arbitration Petition Under Section 34 of the Arbitration and Conciliation Act, 1996. Award of 14 January 2006 on Share Valuation Under Clause 7 of Protocol Agreement Challenged on Grounds of Jurisdiction and Legality of the Agreement.

The matter arose from a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Western Maharashtra Development Corpn. Ltd. c...

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WRIT PETITION (ST) NO. 1338 OF 2020

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Bombay High Court Allows Public Interest Litigation Seeking Declaration That Governor Must Act on Council of Ministers' Advice for Legislative Council Nominations. Article 171(5) Nomination Power Held to Be Non-Discretionary and Governor Bound by Aid and Advice of Council of Ministers.

The Bombay High Court, in this public interest litigation, examined the constitutional powers of the Governor to nominate members to the Maharashtra L...

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Bombay High Court Examines Maintainability of Writ Petition Seeking Mandamus for Arbitration in Coal Crushing Contract Dispute. Court Considers Whether CIL Circular Constitutes Arbitration Agreement and Whether Section 12(5) Ineligibility Renders Clause Inoperative.

The writ petition arose from a dispute over a work order dated 09/05/2018 awarded by Western Coalfields Limited to M/s Ambey Mining Pvt Ltd for crushi...

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Bombay High Court Bench at Aurangabad Lists Connected Writ Petitions for Admission; No Substantive Order Recorded in Extracted Text. The extracted text contains only cause titles and party arrays of Writ Petition Nos. 6268, 6314, 6331, 6355, and 6352 of 2019 without any judicial reasoning or decision.

The extracted text comprises the cause titles and party arrays of five writ petitions filed before the High Court of Judicature at Bombay, Bench at Au...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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Supreme Court Allows Transfer of Murder Trial from West Bengal to Assam Due to Apprehended Bias and Mala Fide State Action. State's Attempt to Withdraw Prosecution Under Section 321 CrPC Set Aside as Arbitrary, and Trial Court's Conduct Raises Doubts on Fair Trial.

The case arises from a transfer petition filed by Afjal Ali Sha, brother of the deceased Kurban Sha, seeking transfer of the murder trial (S.T. No. 1 ...