Search Results for "defective certified copy"

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Search Results for "defective certified copy"

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Supreme Court

Supreme Court Sets Aside NCLAT Order Condoning Delay in Filing Appeal Under IBC — Filing Without Certified Copy of Impugned Order Renders Appeal Incompetent. The Court held that an appeal under Section 61 of the IBC must be accompanied by a certified copy of the impugned order or an exemption application; failure to do so makes the appeal incurably defective.

12 May 2026

The case arises from an appeal filed by M Lalitha (respondent No. 1) before the National Company Law Appellate Tribunal, Chennai (NCLAT), under Sectio...

High Court

High Court of Bombay at Goa Condones Delay in Tax Appeal Filed by Assessee Due to Lack of Notice and Ex-Parte ITAT Order; Litigant Should Not Suffer for Fault of Counsel, Delay of 40 Days Condoned Under Section 260A of Income Tax Act, 1961, on Payment of Costs.

23 Jun 2025

Two Miscellaneous Civil Applications were filed before the High Court of Bombay at Goa by Neelam Ajit Phatarpekar, an assessee, and as legal heir of l...

High Court

High Court Quashes Order Dismissing Application for Non-Filing of Certified Copy of Arbitral Award — Filing of Certified Copy is Mandatory Under Section 34(3) of Arbitration and Conciliation Act, 1996. The court held that an application under Section 34 without certified copy is not maintainable and cannot be cured under Section 151 CPC.

5 Oct 2023

The petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Principal District and Sess...

Supreme Court

Supreme Court Allows Liquidator's Appeal on Limitation Grounds in Insolvency Proceeding. Limitation period under Section 61 of the Insolvency and Bankruptcy Code, 2016 runs from the date the order is made available, not from pronouncement, applying Section 420(3) of the Companies Act, 2013 and Rule 50 of the National Company Law Tribunal Rules, 2016 for free copies.

22 Oct 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dated 13 July 2020, which dismissed the appellant's appeal as ...

Supreme Court

Supreme Court Dismisses SLP Against High Court Order Rejecting Election Petition for Incurable Defects and Disqualification Under Section 8(3) of the Representation of the People Act, 1951. The Court held that defects in verification and prayer are incurable under Section 86(1) and that disqualification continues despite suspension of sentence.

9 Dec 2020

The petitioner, Saritha S. Nair, filed her nomination as an independent candidate for the Ernakulam Lok Sabha constituency in the April-May 2019 elect...

High Court

Bombay High Court Dismisses Election Petition Challenging BJP Candidate's Victory in Dahisar Assembly Constituency — Allegations of Improper Nomination Acceptance and Corrupt Practices Not Proven. The court held that the petitioner failed to discharge the burden of proof under Section 100(1)(d)(i) and Section 123 of the Representation of the People Act, 1951, and the petition was dismissed with costs.

7 Jul 2017

The petitioner, Vinod Ramchandra Ghosalkar, a Shiv Sena candidate, lost the Maharashtra Legislative Assembly election for the Dahisar Constituency hel...

High Court

Bombay High Court Dismisses Election Petition for Non-Compliance with Mandatory Requirements Under Representation of the People Act, 1951. Failure to Furnish Attested Copies and Official Transcripts of CDs Renders Petition Liable for Summary Dismissal.

7 Mar 2017

The case involves an election petition filed by Adam Narsayya Narayan challenging the election of Praniti Shinde (Respondent No.1) from Solapur City C...

Supreme Court

Supreme Court Upholds Election of Candidate in Representation of People Act Case Due to Non-Substantial Defect in Certified Copy of Electoral Roll. Missing age and house number in certified copy not substantial defect under Section 36(4) of Representation of the People Act, 1951, where details identifying elector were otherwise sufficient.

1 May 1968

The case concerned an election to a Vidhan Sabha constituency under the Representation of the People Act, 1951. The appellant, Harcharzan Singh, filed...

High Court

Bombay High Court Dismisses Application for Recalling Witness in Election Petition — No Power to Recall Witness After Cross-Examination Under CPC and Representation of the People Act, 1951. The court held that Order XVIII Rule 17 CPC does not permit recall of a witness for further cross-examination after discharge, and inherent powers under Section 151 CPC cannot be invoked to circumvent specific provisions.

30 Nov -0001

The case arises from an election petition filed by Ravindra Ramji Mundhe (petitioner) challenging the election of Avadhoot Anil Tatkare (respondent No...

High Court

Bombay High Court Dismisses Testamentary Petition for Probate Due to Lack of Jurisdiction and Non-Prosecution. The court held that the petitioner failed to establish the deceased's domicile in Maharashtra and did not pursue the petition diligently, resulting in dismissal.

30 Nov -0001

The case involves a testamentary petition filed by Arnold Samson of Sweden, claiming to be the only son and sole heir of the deceased, seeking probate...

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