Search Results for "Jurisdictional Objection"

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Search Results for "Jurisdictional Objection"

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High Court

Bombay High Court Dismisses Section 37 Petition Challenging Arbitrator's Order Terminating Arbitration for Lack of Arbitration Agreement. Developer Fails to Prove Existence of Arbitration Clause in Development Agreement with Cooperative Housing Society.

5 Jun 2023

The petitioner, M/s. Panama Builders & Developers Pvt. Ltd., filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challeng...

High Court

Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher Terminated Without Inquiry. Termination of Teacher Without Valid Departmental Inquiry Under Section 5 of Maharashtra Employees of Private Schools Act, 1977 is Illegal and Reinstatement with Backwages is Justified.

6 Oct 2023

The Petitioner-Management, a trust running schools, terminated Respondent No.1, an Assistant Teacher, on 10 January 2011. The termination was challeng...

High Court

Bombay High Court Allows Writ Petition Challenging Blocking of Input Tax Credit Under Rule 86-A of CGST/MGST Rules for Violation of Natural Justice. Prior Hearing Mandated Before Blocking Credit Under Rule 86-A.

17 Oct 2023

The petitioner, Ashapura Steel Metal, through its proprietor Velaram Viraji Choudhary, filed a writ petition under Article 226 of the Constitution of ...

High Court

Bombay High Court Quashes Blocking of Input Tax Credit Under Rule 86-A of CGST/MGST Rules for Lack of Prior Hearing — Violation of Natural Justice. The court held that the power to block credit under Rule 86-A cannot be exercised without giving the assessee an opportunity of being heard, as it has serious civil consequences.

17 Oct 2023

The petitioner, Ashapura Steel Metal, through its proprietor Velaram Viraji Choudhary, filed a writ petition under Article 226 of the Constitution of ...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Mutation Entry in Revenue Records — Mutation Entry Does Not Confer Title; Remedy Lies Before Civil Court. The court held that mutation entries are only for fiscal purposes and do not determine title, and that disputed questions of title must be adjudicated by a civil court, not in writ jurisdiction.

5 Jan 2022

The petitioner, Shri Divakar R. Dalvi, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa, ch...

High Court

Bombay High Court Allows Appointment of Arbitrator in Infrastructure Facility Agreement Dispute — Disputes Referable to Arbitration Despite Allegations of Repudiation. The court held that issues of repudiation and limitation are for the arbitral tribunal to decide under Section 11 of the Arbitration and Conciliation Act, 1996.

6 Jun 2022

The applicant, Priya Malay Sheth, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbit...

High Court

Bombay High Court Allows Petitions Challenging Caste Scrutiny Committee's Invalidity Orders in Thakar Tribe Certificate Cases. Held that the Committee failed to consider relevant documents and applied incorrect principles, violating principles of natural justice.

8 Sep 2022

The judgment concerns four writ petitions filed by members of the Chitale family challenging orders of the Scheduled Tribe Certificate Verification Co...

High Court

Bombay High Court Dismisses Application for Return of Passports in Child Custody Dispute — Passports Ordered to Remain in Court Custody Pending Final Determination of Custody Petitions. The court held that the Family Court, which is seized of the custody petitions, is the appropriate forum to decide on the return of passports, considering the welfare of the minor children.

24 Jul 2020

The judgment concerns an interim application filed in a disposed of writ petition under Article 227 of the Constitution of India. The writ petition ha...

High Court

Bombay High Court Dismisses Application for Return of Passports in Child Custody Dispute — Passports to Remain in Court Custody Pending Final Orders of Family Court. The court held that the passports of minor children deposited with the court registry pursuant to a consent order should not be returned to the parties until the Family Court passes final orders in the custody petitions, as the passports are a crucial lever to ensure compliance with custody arrangements.

24 Jul 2020

The case involves an interim application filed by the applicant-father, Ashu Dutt, in a disposed of writ petition under Article 227 of the Constitutio...

High Court

High Court of Bombay at Goa Allows Assessee's Tax Appeal in Income Tax Revision Case — CIT's Revision Under Section 263 Set Aside. The Court held that revisionary jurisdiction cannot be exercised to validate a void assessment order and directing de novo assessment would extend limitation under Section 153.

19 Oct 2020

The case involves two Tax Appeals filed by Gigabyte Technology (India) Private Ltd (the Assessee) against the Commissioner of Income Tax (the Revenue)...

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