Search Results for "adjudication proceedings"

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Search Results for "adjudication proceedings"

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High Court

High Court of Karnataka Quashes RBI's Rejection of Compounding Application Under FEMA — Rule 11 of Compounding Rules Cannot Be Invoked to Deny Compounding When Proceedings Are Pending Before Adjudicating Authority. The court held that compounding under Section 15 of FEMA is a statutory right and must be considered on merits, not mechanically rejected under Rule 11.

21 Oct 2021

The petitioner, Mrs. Joyce Lynn Peters, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the rejection of her...

High Court

Bombay High Court Allows Petition for Release of Bank Guarantee and Refund in FERA Adjudication Matter — Petitioner Entitled to Return of Security Upon Conclusion of Proceedings Under Foreign Exchange Regulation Act, 1973.

28 Feb 2005

The petitioner, Leena N. Parekh, filed a Criminal Writ Petition seeking directions for the release of a bank guarantee executed in January 2000 and re...

High Court

Bombay High Court Quashes Adjudication Proceedings in FERA Case Due to Inordinate Delay of 27 Years. Revival of show cause notices after 27 years held arbitrary and violative of Article 14 of the Constitution of India.

18 Jan 2010

The petitioners, Cambata Industries Pvt. Ltd. and three individuals, filed a writ petition under Article 226 of the Constitution of India seeking a wr...

High Court

Bombay High Court Directs Official Liquidator to Adjudicate Workmen's Claims in Winding Up of KMA Ltd. Under Sections 529A and 530 of Companies Act, 1956. The court held that the Official Liquidator must consider the Industrial Court's order dated 2 July 2005 in adjudicating claims of workmen.

6 Jan 2016

The judgment concerns two company applications filed in the winding up proceedings of KMA Ltd. (in liquidation). Company Application No. 593 of 2011 w...

Supreme Court

Supreme Court Allows Appeal Against Recovery of Liquidated Damages Pending Arbitral Adjudication. Recovery Proceedings Initiated Without Awaiting Outcome of Arbitral Tribunal Under Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 Are Unjustified.

30 Aug 2019

The appellant, a proprietorship firm registered as a Class 'A' contractor, was awarded two contracts for construction and maintenance of rural roads u...

High Court

Bombay High Court Allows Writ Petition of Tenant in Eviction Proceedings Under Maharashtra Rent Control Act, 1999 — Delay Condonation Application Rejected on Constructive Res Judicata Basis Set Aside as Earlier Dismissals Were Not on Merits. The Court held that dismissal of earlier applications for setting aside ex parte decree due to non-compliance with mandatory deposit under Section 17 of the Provincial Small Cause Courts Act, 1887 did not operate as constructive res judicata, as there was no adjudication on merits.

18 Jun 2015

The writ petition arose from eviction proceedings under the Maharashtra Rent Control Act, 1999, wherein the respondent-landlord had obtained an ex par...

High Court

High Court of Bombay Directs Re-adjudication of 21 Employees' Claims; Dispute on Interest and Bonus Under Winding-Up Not Resolved in Extracted Judgment Text. The court granted partial relief by allowing prayer (b) for re-adjudication of claims of 21 workmen due to discrepancies, while the final decision on prayer (a) concerning statutory interest, bonus, and provident fund contribution under the Companies Act, 1956 is not discernible from the incomplete text.

4 Aug 2006

The case concerns a company application filed by the Engineering Workers Association, representing 121 employees of M/s. Poysha Industrial Co. Ltd., w...

High Court

High Court of Judicature at Bombay Interprets Conditions for Debtor's Insolvency Petition Under Presidency Towns Insolvency Act, 1909. Court Clarifies That Allegation of Inability to Pay Debts is Sufficient While Entitlement to Present Petition Must Be Proved Under Section 14.

26 May 2020

The judgment dealt with two debtors' insolvency petitions filed by a father and son duo under the Presidency Towns Insolvency Act, 1909 (PTI Act). The...

High Court

Bombay High Court Dismisses Quashing Petitions in FERA Prosecution — Exoneration in Adjudication Not a Bar to Criminal Proceedings. Adjudication and criminal prosecution under FERA are independent proceedings with different standards of proof and objectives.

21 Feb 2006

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of orders passed by ...

High Court

Bombay High Court Directs Official Liquidator to Adjudicate Workmen's Claims in Winding Up of KMA Ltd. Under Sections 529A and 530 of Companies Act, 1956. Industrial Court's Order on Unpaid Wages Held Binding on Official Liquidator.

6 Jan 2016

The judgment concerns two company applications filed in the winding up of KMA Ltd. (in liquidation). Company Application No.593 of 2011 was filed by a...

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