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Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

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Bombay High Court Upholds Industrial Tribunal Award Granting Merger of Dearness Allowance with Basic Pay for Municipal Employees. The court held that the Tribunal's decision to merge DA with basic pay and grant consequential benefits was within its jurisdiction and not perverse.

The petitioner, Sangli Miraj Kupwad Cities Municipal Corporation, challenged an award dated 28 February 2011 passed by the Industrial Tribunal, Sangli...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that contributory negligence of deceased motorcyclist must be considered when calculating compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the respondents (original claimants) before the Motor Accident Claims Tribunal, Ahmednagar. The c...

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Bombay High Court Dismisses Revenue's Application for Reference in Income Tax Case Involving Government Audit Fees and PF Payments. Government Audit Fees Held Not a Duty, Cess or Tax Under Section 43-B of Income Tax Act, 1961.

The Commissioner of Income Tax, Kolhapur, filed an application under the Income Tax Act, 1961, seeking a direction to the Income Tax Appellate Tribuna...