Search Results for "Commercial Division jurisdiction"

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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...
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Search Results for "Commercial Division jurisdiction"

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High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

Supreme Court

Supreme Court Dismisses Appeal in Kerala Land Reforms Act Case — Quarrying Land Not Exempt as Commercial Site. Land used for quarrying does not fall within the definition of 'commercial site' under Section 2(5) read with Section 81(1)(q) of the Kerala Land Reforms Act, 1963, and is not exempt from ceiling provisions.

30 Sep 2019

The Supreme Court dismissed the appeals filed by K.H. Nazar against the judgment of the Full Bench of the Kerala High Court, which held that land used...

High Court

Bombay High Court Allows Condonation of Delay in Commercial Appeal Under Section 13 of Commercial Courts Act, 2015 — Section 5 of Limitation Act, 1963 Applicable Despite Absence of Express Power. The court held that Section 5 of the Limitation Act, 1963 can be invoked to condone delay in filing an appeal under Section 13 of the Commercial Courts Act, 2015, as the latter does not expressly exclude its application.

19 Jun 2024

The applicant, original plaintiff in Commercial Suit No.22/2017, sought condonation of 156 days' delay in filing an appeal against the dismissal of th...

High Court

Bombay High Court Dismisses Arbitration Appointment Application for Lack of Jurisdiction — Venue Designation in Lease Agreement Does Not Confer Seat of Arbitration. Court holds that mere mention of 'venue' in arbitration clause without specifying 'seat' does not vest jurisdiction in courts at the venue, especially when subject matter lies outside its territorial limits.

21 Mar 2023

The applicant, Honey Bee Multitrading Pvt. Ltd., a company engaged in mustard oil manufacturing with its plant in Ganganagar, Rajasthan, entered into ...

Supreme Court

Supreme Court Allows Appeals by Successful Resolution Applicant and Union Bank in DHFL Insolvency Case, Upholds Resolution Plan Modifications on Avoidance Applications and Confidentiality. The Court held that the NCLAT exceeded its jurisdiction by modifying the resolution plan approved by the CoC and NCLT regarding avoidance applications, and that the commercial wisdom of the CoC is not subject to judicial review except under Section 30(2) IBC.

1 Apr 2025

The Supreme Court disposed of a batch of appeals arising from the insolvency resolution of Dewan Housing Finance Corporation Limited (DHFL) under the ...

High Court

High Court of Karnataka Examines Challenge to Commercial Court’s Dismissal of Section 34 Petitions Upholding Arbitral Awards on Escalation Claims. Dispute Arises Out of Delays in Five Hospital Renovation Projects Undertaken by Contractor and Alleged Breach of Contract by Government Entities.

19 Sep 2024

The appellant, a contractor, was the successful bidder for 14 projects relating to the renovation and expansion of various government hospitals in Kar...

High Court

Bombay High Court Allows Writ Petition Challenging Penalty and Royalty for Unauthorized Excavation of Earth During Sewerage Pipeline Project. Revenue Officials' Demand Under Section 48(7) of Maharashtra Land Revenue Code, 1966 Quashed as Excavation Was Incidental to Public Works Contract and Not for Commercial Use.

28 Mar 2024

The petitioners, M/s. Ramky Infrastructure Ltd. and its shareholder, challenged the imposition of penalty and royalty by revenue officials under Secti...

High Court

Bombay High Court Dismisses Application to Condone Delay in Filing Written Statement in Commercial Suit — Mandatory 120-Day Limit Under Commercial Courts Act, 2015 Applies. Court holds that the proviso to Order VIII Rule 1 CPC as amended by Section 16 of the Commercial Courts Act, 2015 is a special provision for commercial disputes and overrides the Bombay High Court Original Side Rules, 1980.

10 Jun 2024

The case involves a Notice of Motion filed by the defendants (applicants) in a commercial suit before the Bombay High Court, seeking to quash the orde...

High Court

High Court of Karnataka Upholds Trial Court's Order Allowing Production of Documents in Commercial Suit — Order XI Rule 1(5) CPC Does Not Mandate Filing of Documents Only at First Hearing. The court held that the trial court's discretion to allow late production of documents under Order XI Rule 1(5) CPC was valid and did not cause prejudice to the defendant.

10 Jun 2025

The petitioner, M/S. JSM Corporation Private Limited, was the defendant in Commercial Original Suit No.835 of 2023 filed by the respondents, M/S. Brun...

High Court

Bombay High Court Allows Appeal in Admiralty Bunkers Arrest Case. Bunkers on board a ship can be arrested and sold separately under admiralty jurisdiction as they are not part of the ship.

5 May 2017

The appellant, Mansel Limited, a Bermuda company engaged in chartering vessels, filed an admiralty suit seeking arrest of bunkers on board the vessel ...

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