Search Results for "Jurisdictional Objection"

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Bombay High Court Quashes Reopening Notice in HDFC Bank Bad Debts Case — No Failure to Disclose Material Facts. Section 148 notice under Income Tax Act, 1961 set aside as reassessment based on change of opinion and lack of tangible material.

The petitioner, HDFC Bank Ltd., a scheduled bank registered with RBI, filed its return of income for assessment year 2006-07 and claimed deductions un...

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Bombay High Court Dismisses Section 9 Arbitration Petition Against Guarantors Due to Lack of Privity of Contract. Guarantee Deed Not Signed by Petitioner, No Arbitration Agreement Between Petitioner and Respondents.

The petitioner, L&T Finance Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief against the...

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Supreme Court Upholds Labour Court Award in VSS Dispute — NMR Workers Found to Have Been Coerced into Voluntary Separation Scheme. The Court confirmed reinstatement with 70% back-wages under Section 33A of the Industrial Disputes Act, 1947, finding no perversity in the concurrent findings of fact.

The case arose from a dispute between the General Manager, Electrical Rengali Hydro Electric Project, Orissa (appellant) and 90 NMR workers (responden...

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Bombay High Court Allows Appeal in Trust Election Dispute — Upholds Validity of Trustees' Election Despite Procedural Irregularities. Substantial Compliance with Bye-Laws and Absence of Prejudice to Members Renders Election Valid Under Bombay Public Trust Act, 1950.

The case involves a dispute over the election of trustees of the People's Education Society, a public trust registered under the Societies Registratio...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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High Court of Bombay Dismisses Appeal Against Remission of Arbitral Award for De Novo Consideration Due to Jurisdictional Error. Arbitrator Exceeded Jurisdiction by Entertaining Claims Not Raised Before Chief Engineer and Commissioner Under Contractual Pre-Arbitration Procedure.

The appellant, Biwater Penstocks Ltd., a UK-based company, entered into a contract with the Municipal Corporation of Greater Bombay (first respondent)...