Search Results for "Section 42"

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Supreme Court Transfers Section 34 Petitions to Delhi High Court Following Designation of Seat of Arbitration as New Delhi. The Court held that once the seat of arbitration is designated, only courts where the seat is located have exclusive jurisdiction under the Arbitration and Conciliation Act, 1996.

The Supreme Court dealt with multiple transfer petitions and a civil appeal arising from orders passed by the Additional District Judge-cum-Presiding ...

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Supreme Court Remands FEMA Case to High Court for Fresh Consideration Due to Failure to Examine Material Evidence. High Court's Assumption That No Evidence Was Filed Was Contrary to Record, Requiring Remand Under Section 8 and Section 42 of FEMA, 1999.

The Supreme Court dealt with appeals arising from a High Court judgment that had allowed appeals by the Union of India and dismissed a writ petition b...

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Bombay High Court Quashes Disqualification of Municipal Councillors Under Section 42 of Maharashtra Municipal Councils Act — Minister's Order Set Aside for Violation of Natural Justice and Lack of Speaking Order

The petitioners, four councillors of the Municipal Council, Narkhed, challenged an order dated 29.11.2016 passed by the Minister of Urban Development,...

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Bombay High Court Dismisses Arbitration Petition for Lack of Jurisdiction in Cotton Contract Dispute. Exclusive Jurisdiction Clause in Favor of Indore Courts Prevails Over Arbitral Seat at Mumbai.

The petitioner, M/s. Nomula Brothers, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arb...

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Bombay High Court Dismisses Suit Challenging Slum Land Acquisition as Barred by Section 42 of Maharashtra Slum Areas Act — Preliminary Issue of Bar of Suit Decided in Favor of Defendant No.5.

The suit was filed by the Plaintiffs seeking a declaration of ownership of a plot of land and challenging its acquisition by the State Government unde...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Provisions. Failure to Follow Section 42 and Section 50 of NDPS Act, 1985 Renders Recovery of Ganja Illegal and Conviction Unsustainable.

The appellant, Amol Maruti Karande, was convicted by the Special Court under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

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Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Failure to Record Information and Inform Accused of Right to Search Before Gazetted Officer Leads to Acquittal.

The case involves an appeal against the conviction of four appellants under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The a...

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Bombay High Court Dismisses Suit for Specific Performance of Slum Development Agreement Due to Lack of Jurisdiction Under Section 42 of Maharashtra Slum Areas Act. Civil Court Cannot Entertain Disputes Relating to Slum Rehabilitation Schemes as Exclusive Jurisdiction Vests with Slum Authorities.

The plaintiff, Lokhandwala Infrastructure Pvt. Ltd., filed a suit for specific performance of a development agreement dated 10 August 2003, entered in...