Search Results for "habitually resident"

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Search Results for "habitually resident"

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High Court

Bombay High Court Allows Section 11 Application in International Commercial Arbitration — Holds Applicant Habitually Resident in UAE. Interpretation of 'habitually resident' under Section 2(1)(f)(i) of the Arbitration and Conciliation Act, 1996 determines that an Indian national residing in UAE for employment is habitually resident there, making the arbitration international commercial arbitration.

22 Feb 2019

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

High Court

Bombay High Court Allows Section 11 Applications in International Commercial Arbitration — Habitual Residence Determined at Time of Agreement. Applicant Residing in UAE at Time of Agreement Held to be Habitually Resident Outside India Under Section 2(1)(f)(i) of Arbitration and Conciliation Act, 1996.

22 Feb 2019

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

Supreme Court

Supreme Court Upholds Tax Liability on Liaison Office Activities in India Under Income Tax Act, 1961 and DTAA. Income from printing and dispatching cheques in India through liaison offices constitutes business connection and permanent establishment, making profits attributable to such activities taxable in India.

24 Apr 2020

The respondent, U.A.E. Exchange Centre, a company incorporated in the United Arab Emirates, provided remittance services for transferring amounts from...

High Court

High Court Allows Petition for Processing Relative Adoption Under HAMA, Directing CARA to Assist with Visa Documentation. Adoption Under Hindu Adoptions and Maintenance Act, 1956 is Valid and Not Subject to Inter-Country Adoption Regulations as per Section 56(3) of Juvenile Justice Act, 2015, with Adoption Deed Executed Prior to Regulatory Engagement.

30 Mar 2026

The dispute involved a married Hindu couple, both Indian nationals at marriage, who adopted a child from close relatives under the Hindu Adoptions and...

High Court

Bombay High Court Dismisses Appeal in Succession Act Case — Will Not Proven in Accordance with Indian Succession Act, 1925. Court held that propounder failed to prove due execution and attestation of will under Section 63 of the Indian Succession Act, 1925.

30 Nov -0001

The appellant, Smt. Eugenia Rana, filed an appeal against the judgment and decree dated 30th April 1994 passed by the Civil Judge, Senior Division, Da...

High Court

High Court of Karnataka Allows Writ Petition of Widow Seeking Death Certificate of Husband Against BBMP's Refusal Due to Delay. Court Holds That Medical Certificate of Cause of Death Overrides Delay Under Section 17 of Registration of Births and Deaths Act, 1969 and Rule 8 of Karnataka Rules.

8 Aug 2023

The petitioner, Mrs. Saraswathi S.P., filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka...

High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Link Between Bootlegging and Public Order. The court held that the detaining authority must consider the detenu's bail status and establish a clear nexus between the alleged activities and public order, which was absent in this case.

12 Jul 2018

The petitioner, Anil Preetam Kumbhar, challenged a detention order passed by the Commissioner of Police, Pune on 6 April 2018 under the Maharashtra Pr...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detaining Authority Relied on Extraneous Material Including Inapplicable Sections. Preventive Detention Order Set Aside as Subjective Satisfaction Vitiated by Reliance on Irrelevant Documents Under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981.

29 Jun 2018

The petitioner, Pawan Tukaram Kudale, challenged a detention order dated 29 January 2018 passed by the Commissioner of Police, Pune City, under Sectio...

High Court

High Court of Karnataka Allows Parents-in-Law's Petition in Child Custody Jurisdiction Dispute — Family Court at Mysuru Lacks Territorial Jurisdiction as Minor Child Resides with Grandparents in Chamarajanagara District. Jurisdiction under Section 9 of Guardians and Wards Act, 1890 is determined by minor's residence, not petitioner's residence.

22 Apr 2024

The petitioners, Samiulla Saheb and Mubeen Taj, are the parents-in-law of the respondent, Mohammed Sameer. The respondent married the petitioners' dau...

High Court

Bombay High Court Quashes Maintenance Order in DV Act Case Due to Lack of Jurisdiction — Complaint Filed at Place Where Wife Resided Temporarily After Leaving Matrimonial Home Not Maintainable. The court held that the term 'ordinarily resides' under Section 27 of the Protection of Women from Domestic Violence Act, 2005 refers to the place where the aggrieved person permanently or habitually resides, not a temporary shelter taken after leaving the matrimonial home.

11 Jan 2012

The applicants (husband and his relatives) challenged the order passed by the Judicial Magistrate First Class, Amgaon, in Regular Complaint Case No. 1...

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