Search Results for "Original Application"

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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 "Original Application"

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High Court

Bombay High Court Allows Interest on Delayed Refund of CENVAT Credit Under Section 11BB of Central Excise Act, 1944. Petitioner entitled to interest from expiry of three months from date of refund application till actual refund.

21 May 2021

The petitioner, Qualcomm India Private Limited, a company incorporated under the Companies Act, 1956, is engaged in providing support services to its ...

High Court

Bombay High Court Allows Revision Application in Civil Suit — Upholds Right of Heirs to Seek Impleadment Under Order 22 Rule 4 CPC. Court holds that abatement of suit against deceased defendant does not automatically bar substitution of legal representatives if application is made within limitation.

31 Oct 2014

The case arises from a civil suit filed by the respondents (original plaintiffs) against several defendants, including Balbhim Govind Deshpande (origi...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

28 Jul 2016

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

High Court

Bombay High Court Quashes Cancellation of Caste Validity Certificate and Rejection of Nomination in Lok Sabha Elections — Caste Scrutiny Committee Lacks Power of Review Under Section 7 of Maharashtra Caste Certificate Act, 2000. The Court held that a validity certificate issued under Section 6 of the Act cannot be cancelled by the Committee without express statutory authority and without following principles of natural justice.

24 Sep 2024

The petitioner, Rashmi Barve, a Zilla Parishad member, had obtained a caste validity certificate dated 17/02/2020 from the District Caste Certificate ...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Commercial Suit — Appellant Failed to Show Sufficient Cause for Non-Appearance. The court held that the appellant's failure to appear despite service and the lack of a valid explanation for the delay in filing the application to set aside the decree disentitled it to relief under Order IX Rule 13 of the Code of Civil Procedure, 1908.

27 Nov 2020

The appellant, BVM Finance Private Limited, was the original defendant No.1 in a commercial suit filed by the respondent No.1, Vistra ITCL (India) Ltd...

High Court

Karnataka High Court Considers Challenge Under Section 37 of Arbitration Act to Order Upholding Majority Arbitral Award. Arbitral Tribunal Had Set Aside Termination of CISP Agreement Due to Insufficient Proof of Corruption and Awarded Compensation.

22 Dec 2021

The appellant, Anheuser Busch Inbev India Limited (formerly SABMiller India Limited), a beer manufacturing and brewing company, appealed under Section...

Supreme Court

Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

9 Jul 2024

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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 ...

High Court

Bombay High Court Quashes Amendment Order in Cheque Dishonour Case — Amendment After Cognizance and Process Not Permissible. Allowing amendment to introduce new facts after cognizance and issuance of process would cause prejudice to accused and is not allowed under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

High Court

Bombay High Court Allows Amendment in Cheque Dishonour Complaint Under Section 138 NI Act — Amendment Sought to Correct Date of Cheque Presentation Does Not Change Nature of Complaint. The court upheld the Magistrate's order allowing amendment to correct typographical error in date of cheque presentation, holding that no prejudice was caused to the accused.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

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