Search Results for "Section 14(2) maintainability"

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Search Results for "Section 14(2) maintainability"

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High Court

High Court of Bombay Considers Maintainability of Section 14(2) Petition Against Sole Arbitrator's Order Rejecting Substitution of Legal Heirs in Partnership Arbitration. Court examines whether dismissal of impleadment application as time-barred amounts to termination of mandate under Section 14(2) of Arbitration and Conciliation Act, 1996.

12 Feb 2019

Background: The matter arose from partnership disputes concerning the firm 'Sanghavi Brothers'. The original claimant, father of the petitioners, had ...

Supreme Court

Supreme Court Allows Quashing of Complaint Against Director Who Resigned Before Cheque Issuance — Successive Section 482 Application Maintainable Under Changed Circumstances. Resignation prior to cheque issuance absolves director of liability under Section 138 NI Act, and Form 32 under Companies Act is valid proof of resignation.

30 Jul 2019

The appeal arose from a complaint filed under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, against the appellant, who wa...

High Court

Bombay High Court Allows Appeal Against Discharge in Cheque Dishonour Case — Complaint by Power of Attorney Holder is Maintainable. The court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by a power of attorney holder of the payee is maintainable and the complaint was within limitation.

30 Jul 2012

The appellant, Gautamchand Inderchand Kochar, proprietor of Kochar Finance, filed a criminal appeal against an order of discharge passed by the Judici...

High Court

High Court of Judicature at Bombay Considers Challenge to Guardian Minister's Substitution of Zilla Parishad Works; Locus Standi of Chairman Examined. Petition Seeks Quashing of Substituted Works List Under Rural Roads Development Project Alleging Illegal Interference by Guardian Minister and District Planning Committee Contrary to Maharashtra Zilla Parishad Act, 1961 and Maharashtra District Planning Committees Act, 1998.

13 Apr 2012

The writ petition was filed under Article 226 of the Constitution of India by the Chairman of the Finance and Works Committee of Zilla Parishad, Bhand...

High Court

Bombay High Court Dismisses Writ Petition Challenging NCLT Order Vacating PMLA Attachment Due to Availability of Alternative Remedy. Petitioner failed to avail statutory appeal under Section 421 of Companies Act, 2013 within limitation period, rendering NCLT order final.

27 Sep 2023

The petitioner, Naresh Sundarlal Jain, filed a writ petition in the Bombay High Court challenging an order of the National Company Law Tribunal (NCLT)...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding Decree for Division of Self-Acquired Properties. The Court Held That Non-Joinder of Other Family Branch Did Not Affect Suit Maintainability as Properties Were Separate Estate, and Appellant's Ouster Claim Failed Due to Admission of Co-Ownership and Lack of Evidence.

9 Feb 2022

The dispute originated from a partition suit filed by the sister and sister-in-law of the appellant against him and other defendants, seeking division...

High Court

Bombay High Court Dismisses Petition Challenging Order Under Section 26 of Domestic Violence Act in Divorce Proceedings. Application Under Section 26 of DV Act Held Maintainable in Civil Suit for Divorce, and Appeal Under Section 29 Lies to Sessions Court Against Order of Civil Court.

5 May 2017

The petitioner, Shri Narayan Babi Salgaonkar, a police constable, filed a Criminal Writ Petition before the Bombay High Court at Goa challenging an or...

High Court

High Court Dismisses Union of India's Second Appeal in Salt Land Dispute — Civil Suit Barred Under Section 4(2) of Salt Act, 1882. Exclusive Jurisdiction of Salt Commissioner Precludes Civil Court from Entertaining Suit for Declaration of Title and Possession of Salt Land.

16 Aug 2016

The Union of India, through the Deputy Salt Commissioner, filed a second appeal against the judgment of the District Judge, Thane, which confirmed the...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Restoring Trial Court Orders on Complaint Maintainability and Deposition Authority. Complaint Filed Through Authorised Representative Under Section 138 of Negotiable Instruments Act, 1881 Held Maintainable as Power of Attorney Contained Specific Sub-delegation Clause and Holder Had Personal Knowledge of Transactions.

20 Feb 2023

The dispute arose from a complaint filed by M/s. Mita India Pvt. Ltd. (appellant company) against Mahendra Jain (respondent) under Section 138 read wi...

Supreme Court

Supreme Court Dismisses Special Leave Petition in Cooperative Bank Pension Dispute on Ground of Non-Maintainability Due to Prior Dismissal of SLP Against Same Judgment. The Bench held that when the main judgment had already been affirmed by dismissal of earlier SLP and the review petition was subsequently withdrawn with liberty to approach High Court, a fresh SLP challenging the same judgment was not maintainable.

1 Jan 1970

The dispute arose from a Himachal Pradesh High Court judgment directing a cooperative bank to grant pensionary benefits to its retired employees, whic...

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