Search Results for "Jurisdictional Objection"

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Search Results for "Jurisdictional Objection"

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High Court

Bombay High Court Sets Aside Arbitrator's Interim Award Impleading Non-Signatory in Arbitration Petition Under Section 34 of the Arbitration and Conciliation Act, 1996. Court holds that an arbitral tribunal cannot implead parties who are not signatories to the arbitration agreement as it lacks inherent jurisdiction.

27 Mar 2024

The Petitioner, Cardinal Energy and Infra Structure Private Ltd., filed a Commercial Arbitration Petition under Section 34 of the Arbitration and Conc...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Gift of Shares Without Consideration — Gift Does Not Constitute Income Escape Under the Act.

8 Mar 2024

The petitioner, M/s. Jai Trust, a trust incorporated under the Indian Trust Act, 1882, challenged the legality and validity of a notice dated 12 March...

High Court

Bombay High Court Allows Petition Challenging Charity Commissioner's Order in Osho Foundation Dispute — Appointment of Trustees Set Aside for Violation of Natural Justice and Trust Deed Provisions. The court held that the Charity Commissioner's power under Section 47 of the Maharashtra Public Trusts Act, 1950 must be exercised in accordance with the trust deed and after hearing all interested parties.

8 Apr 2024

The petitioner, Osho International Foundation, a public trust, challenged the order of the Charity Commissioner, Maharashtra State, dated 8 April 2024...

High Court

Bombay High Court Dismisses Petitions Challenging Executing Court's Refusal to Stay Execution in Mundkar Rights Claim. Court holds that mere filing of a declaration suit before Mamlatdar does not create a right to stay execution proceedings under Order XXI Rule 97, 99, 101 CPC.

15 Apr 2024

The petitioners, Lawrance Pereira and Juliana Pereira, filed Writ Petition No. 611 of 2023 challenging the order dated 06.09.2023 passed by the Execut...

High Court

Bombay High Court Dismisses Petition Challenging Condonation of Delay in Land Record Correction Appeal. Delay of 30 Years Condoned as Sufficient Cause Shown for Non-Filing of Appeal Within Limitation Under Section 5 of Limitation Act, 1963.

21 Jul 2023

The petitioners, legal heirs of Hari G. Koli, challenged an order dated August 21, 2019 passed by the District Superintendent of Land Records, Solapur...

High Court

Bombay High Court Allows Appeal Against Remand Order in Rent Suit — Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Setting Aside Findings on Jurisdictional Fact. The Appellate Court's direction to re-register the suit under ordinary civil jurisdiction was without authority as the trial court had decreed the suit under the Maharashtra Rent Control Act, which is within the exclusive jurisdiction of the Small Causes Court.

18 Aug 2023

The appellants, who were the original plaintiffs, filed Regular Civil Suit No.97 of 2007 before the Civil Judge, Junior Division, Kopargaon, seeking p...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Reasons and Non-Application of Mind. The court held that the Assessing Officer failed to provide recorded reasons to the assessee and did not apply his mind to the fact that the transaction was already disclosed and examined during the original assessment under Section 143(3).

5 Sep 2023

The petitioner, Ashraf Chitalwala, an individual resident of India, filed his original return of income for Assessment Year 2015-16 on 27th September ...

High Court

Bombay High Court Dismisses Writ Petition of School Management Challenging Reinstatement Order — Termination of Employee Without Enquiry Violates Natural Justice and Section 5 of MEPS Act, 1977. The court upheld the Education Inspector's order directing reinstatement with back wages as the school failed to hold any disciplinary enquiry before terminating the employee.

5 Dec 2023

The petitioner, Uttar Bhartiya Education Society and the Head Mistress of Acharya Narendra Dev Vidyamandir, filed a writ petition challenging the orde...

High Court

Bombay High Court Allows Petition by School Management Against Labour Court Order in Reinstatement Dispute — Violation of Natural Justice Found as Employee Not Given Opportunity to Cross-Examine Witnesses. Principles of Natural Justice Require Full Opportunity to Defend, Including Cross-Examination, Before Adverse Order Can Be Passed Under Section 30 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

5 Dec 2023

The petitioners, President/Secretary of Uttar Bhartiya Education Society and Head Mistress of Acharya Narendra Dev Vidyamandir, challenged the order o...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child from Mother. Habeas Corpus Not Maintainable When Child in Lawful Custody of Mother; Proper Remedy Under Guardians and Wards Act, 1890.

6 Dec 2023

The petitioner, Richard Alexander Geary, a UK citizen, married respondent No. 2, Aishvarya Krishnan Geary, an Indian citizen, in New York on 26 Decemb...

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