Search Results for "Jurisdictional Objection"

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Supreme Court Dismisses Habeas Corpus Petition in Child Custody Dispute Due to Pending Statutory Remedy. Petition Under Article 32 Constitution of India Held Not Maintainable as Custody with Mother Was Not Illegal and Father Had Already Filed Petition Under Guardians and Wards Act, 1890.

The dispute involved a father's petition for habeas corpus under Article 32 of the Constitution of India seeking custody of his two minor children. Th...

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Supreme Court Quashes High Court's Order in Tax Assessment Writ Petition Due to Statutory Remedy Foreclosure. High Court Exceeded Jurisdiction by Entertaining Writ Petition After Statutory Appeal Was Dismissed as Time-Barred Under Section 31 of the Andhra Pradesh Value Added Tax Act, 2005.

The dispute arose from a tax assessment order dated 21.6.2017 passed by the Assistant Commissioner of Commercial Taxes against the respondent, a regis...

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Supreme Court Allows NALCO's Appeal, Sets Aside Injunction in Arbitration Dispute — Civil Suit for Declaration and Injunction Not Maintainable When Arbitration Agreement Exists. Objections to Arbitration Agreement Must Be Raised Under Section 16 of Arbitration and Conciliation Act, 1996.

The Supreme Court allowed the appeal filed by National Aluminium Company Limited (NALCO) against the order of the High Court of Punjab & Haryana which...

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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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Supreme Court Dismisses Union of India's Appeal Against Quashing of General Court Martial Against Retired Army Officer in Procurement Irregularities Case. No Prima Facie Case Made Out as Evidence Lacked Intent to Defraud and Actions Were Within Authority's Discretion.

The Union of India appealed against the judgment of the Armed Forces Tribunal, Principal Bench, New Delhi, which quashed the order convening a General...

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Bombay High Court Allows Quashing of Criminal Proceedings in Matrimonial Dispute Following Settlement. Court holds that non-compoundable offences under Sections 498-A, 323, 504, 506 IPC can be quashed under Section 482 CrPC when parties have amicably settled and wife has no objection.

The applicants, Muniroddin S/o. Mainoddin Shaikh, Shaikh Mainoddin S/o. Shaikh Jamaloddin, and Sharifabi W/o. Mainoddin Shaikh, filed a criminal appli...