Search Results for "Jurisdictional Objection"

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Search Results for "Jurisdictional Objection"

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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)...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging Gram Panchayat's Property Tax Levy on Industrial Units in KIADB Area — Property Tax Under Karnataka Panchayat Raj Act, 1993 Is Valid Despite KIADB Land Ownership.

1 Jul 2025

The judgment involves a batch of writ petitions filed by various industrial units located in the Sompura Industrial Area, developed by the Karnataka I...

High Court

Bombay High Court Allows Amendment in Easement Suit to Plead Prescriptive Right — Prejudice Not Established. The amendment sought to add a plea of easement by prescription under the Easement Act, 1882, based on the same access already claimed as traditional access, and the court found no prejudice to the defendants.

4 Oct 2010

The petitioner, Miss Shirley Victoria Menezes, filed a civil suit (Regular Civil Suit No.69/1995/B) in the Court of Civil Judge, Senior Division, Mapu...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit, Sets Aside Interim Injunction. Agreement for Lease Contingent on Occupation Certificate Not Specifically Enforceable.

1 Mar 2011

The appellant, Associated Bombay Cinemas Private Limited, as landlord, entered into an agreement dated 14 August 1997 with the respondent, Jamni S. Ra...

High Court

Bombay High Court Quashes Order in Cheque Dishonour Case for Lack of Territorial Jurisdiction — Complaint Filed at Aurangabad Not Maintainable as Cheque Was Drawn and Presented at Pune. Territorial Jurisdiction Under Section 138 Negotiable Instruments Act, 1881 Determined by Place of Presentation and Dishonour, Not Complainant's Registered Office.

10 Aug 2011

The petitioner, Rajendra Marga Gaikwad, proprietor of Yashraj Agencies at Pune, was the original accused in a complaint filed by Kail Limited (formerl...

High Court

Bombay High Court Dismisses Landlord's Writ Petition Challenging Small Causes Court's Jurisdiction in Rent Control Exemption Case. Section 41 of Presidency Small Cause Courts Act, 1882 Confers Jurisdiction Over Landlord-Tenant Suits Irrespective of Applicability of Maharashtra Rent Control Act, 1999.

21 Oct 2011

The Petitioner, Depe Global Shipping Agencies Pvt. Ltd., is the landlord, and the Respondent, MPIL Corporation Ltd., is the tenant in respect of suit ...

High Court

Bombay High Court Allows Appeal Against Remand Order in Compromise Decree Dispute — Regular Civil Appeal Not Maintainable Against Consent Decree Under Order 23 Rule 3 CPC. The Court held that a consent decree cannot be challenged by a regular appeal and the lower appellate court's remand order was without jurisdiction.

17 Oct 2012

The appellant, Ramesh Balaji Ekhande, original plaintiff no.5, challenged the judgment dated 17.3.2008 passed by the District Judge-3, Nasik in Civil ...

High Court

Bombay High Court Dismisses Petition Challenging Execution Order in Redemption Suit — Execution Court Has Power to Decide Nullity Objection. Decree Passed by Competent Court Is Not a Nullity and Execution Can Proceed.

11 Mar 2019

The petitioner, original defendant No. 2 in a suit for redemption, challenged an order dated 17 August 2018 passed by the Civil Judge Junior Division,...

High Court

Bombay High Court Quashes TPO Order in Transfer Pricing Adjustment for Demerger Transaction. Held that transfer pricing provisions under Section 92 of Income Tax Act, 1961 do not apply to a demerger approved by High Court where assets and liabilities are transferred at book value without any consideration.

15 Mar 2019

The petitioner, Times Global Broadcasting Company Ltd, a wholly owned subsidiary of Benett, Coleman and Company Ltd (BCCL), was engaged in distributio...

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