Search Results for "Writ Appeal Withdrawal"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Writ Appeal Withdrawal"

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High Court

High Court Quashes NCLT Order for Violation of Natural Justice in Corporate Insolvency Withdrawal Case. The court held that failure to issue notice and serve intervention applications on the suspended director under Rules 34(4) and 37 of the National Company Law Tribunal Rules, 2016, constituted flagrant violation of natural justice, making writ petitions maintainable despite alternative remedy under Section 61 of the Insolvency and Bankruptcy Code, 2016.

26 Mar 2026

The dispute arose from an order dated 09.09.2025 passed by the National Company Law Tribunal (NCLT), Mumbai, which allowed intervention applications b...

High Court

Bombay High Court Allows Plaintiff to Abandon Part of Claim in Suit for Salary and Declaration, Holding Right Under Order XXIII Rule 1(1) CPC Is Unfettered Even at Appellate Stage. The court held that the plaintiff's unconditional right to abandon a part of claim under Order XXIII Rule 1(1) CPC cannot be resisted by the defendant, and the District Judge erred in rejecting the application on grounds of prejudice.

18 Mar 2025

The petitioner, Pandurang Rajaram Inamdar, was employed as Senior Vice President – Banking with the respondent, Accelya Solution India Private Ltd. ...

High Court

Bombay High Court Quashes Condonation of 9-Year Delay in Recall Application in Suit Withdrawal Case — Unconditional Withdrawal Under Order XXIII Rule 1(1) CPC is Plaintiff's Absolute Right. The court held that the plaintiff's right to unconditionally withdraw a suit is absolute and cannot be fettered by the court, and a delay of over 9 years in seeking recall of such an order cannot be condoned without sufficient cause.

21 Feb 2025

The petitioner, M/s. Vaishnavi Engineers and Developers Private Limited, had filed a suit (RCS No. 782 of 2012) against the respondents seeking declar...

Tribunals

NCLAT Dismisses Appeal Against CIRP Admission Due to 45-Day Delay Without Sufficient Cause Under Section 61(2) of IBC. The appeal against admission of corporate debtor into CIRP was dismissed as time-barred, with the court holding that the delay of 45 days beyond the statutory period was not satisfactorily explained.

18 Dec 2024

The judgment pertains to two connected company appeals filed by Kalyan Muppaneni, the suspended director and founder shareholder of M/s. Pi Data Cente...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

Supreme Court

Supreme Court Dismisses Employee's Appeal in Resignation Withdrawal Case Under Maharashtra Universities Act, 1994. Withdrawal of Prospective Resignation Barred by Implied Contract and Estoppel as Correspondence Showed Mutual Agreement Making Resignation Final and Binding.

20 Feb 2024

The appeal arose from a dispute over the withdrawal of a prospective resignation submitted by an employee before its effective date. The appellant, an...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order Rejecting Condonation of 856-Day Delay in Filing Appeal Against Decree on Admission. Petitioner's Withdrawal of Timely Appeal and Subsequent Delay Not Justified as Sufficient Cause Under Section 5 of Limitation Act, 1963.

17 Jan 2023

The Petitioner, MSTC Limited, a Government of India Enterprise, filed a Writ Petition challenging the order dated 9 November 2022 passed by the Debt R...

Supreme Court

Supreme Court Allows Union of India's Appeals in Excise Incentive Withdrawal Case — Policy Change Upheld as Prospective and in Public Interest. The Court held that the impugned notification was not retrospective and promissory estoppel did not bar the government from modifying the incentive scheme for Kutch industries.

1 Jan 2020

The Supreme Court allowed the appeals filed by the Union of India against the common judgment of the Gujarat High Court, which had quashed Notificatio...

Supreme Court

Supreme Court Allows Union of India's Appeals in Excise Duty Exemption Withdrawal Case — Doctrine of Promissory Estoppel Cannot Bar Withdrawal of Exemption in Public Interest. Public Interest Overrides Individual Interest When Withdrawal of Tax Exemption Is Based on Health Hazards.

19 Sep 2019

The Supreme Court of India heard three civil appeals filed by the Union of India against judgments of the Sikkim High Court and the Gauhati High Court...

High Court

Bombay High Court Dismisses Union of India's Challenge to CAT Order Allowing Reinstatement of Resigned IRS Officer. Resignation Withdrawn Before Acceptance, Employee Entitled to Rejoin Service Under Service Rules.

19 Jul 2018

The respondent, Sanjay Kumar S. Zumbre, was a direct recruit IRS Officer of the 1992 batch. He was transferred to Guntur Commissionerate at Vishakhapa...

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