Search Results for "hyper technical mistake"

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Search Results for "hyper technical mistake"

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High Court

Madras High Court Allows Appeals Against Dismissal of Writ Petitions Due to Hyper Technical Mistake in Nomenclature of Writ; Sets Aside Orders and Remands for Fresh Consideration. The court held that substance of prayer must be considered over form when petitioners sought quashing of termination and reinstatement but inadvertently used Mandamus instead of Certiorarified Mandamus under Article 226 of the Constitution of India.

20 Jul 2026

The writ appeals arose from the dismissal of W.P.Nos.11527 and 11525 of 2022 by a single judge of the Madras High Court. The appellants, V.Balraj and ...

High Court

Bombay High Court Allows Municipal Corporation's Petition to Dismiss Corrupt Employee Despite Minor Wage Deduction. Serious misconduct of diverting octroi refund and receiving illegal gratification outweighs technical non-compliance under Section 33(2)(b) of Industrial Disputes Act, 1947.

7 Jul 2026

The Petitioner, Municipal Corporation of Greater Mumbai, challenged the judgment and order dated 7 May 2010 passed by the Industrial Tribunal, Mumbai,...

High Court

Bombay High Court Allows Refund of Stamp Duty Paid Under Mistake of Law — Petitioner Entitled to Refund of Rs. 3,00,100/- for Electronic Stamps Purchased Under Wrong Scheme Code. Mistake of Law Does Not Bar Refund When Stamps Not Used and No Unjust Enrichment.

29 Apr 2026

The petitioner, Manjeet Singh, filed a writ petition before the Bombay High Court seeking a refund of stamp duty paid under a mistake of law. The peti...

High Court

High Court Sets Aside Arbitral Award in Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996 Due to Lack of Counterclaim. The award was found patently illegal as it granted compensation to an investor who had not filed any claim or counterclaim, based on a misconception from conciliation proceedings.

17 Mar 2026

The dispute arose from a stockbroker's operational error in handling a Margin Trading Facility account for an investor, leading to the auction of shar...

High Court

Bombay High Court Allows Writ Petition of Charitable Trust Against Rejection of Condonation of Delay in Filing Form 9A Under Section 119(2)(b) of Income Tax Act, 1961. CBDT Circulars Must Be Liberally Construed to Grant Relief When Delay Is Due to Change in Procedure from Manual to Electronic Filing.

20 Dec 2024

The petitioner, Nav Chetna Charitable Trust, is a trust registered under Section 12A of the Income Tax Act, 1961, and runs educational institutions. F...

Supreme Court

Supreme Court Allows Claimant in Motor Vehicle Accident Case on Territorial Jurisdiction Grounds. Territorial Jurisdiction Objection Overruled as Procedural Under Section 166 of Motor Vehicles Act, 1988, Following Precedent in Malati Sardar v. National Insurance Company Ltd.

8 Feb 2024

The appeal arose from a motor vehicle accident where the appellant's son died after being hit by a tractor driven recklessly by the first respondent. ...

High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Specific Performance Due to Typographical Error in Date of Agreement. Correction of Date Does Not Change Nature of Suit and Is Necessary for Determining Real Controversy Under Order VI Rule 17 CPC.

7 Sep 2018

The petitioner, plaintiff in a suit for specific performance (O.S. No. 132 of 2010) before the II Addl. Senior Civil Judge, Vijayapura, filed a writ p...

High Court

High Court of Karnataka Dismisses Petition for Correction of Decree After 17 Years — Amendment Sought to Change Survey Number in Judgment and Decree Rejected as Barred by Res Judicata and Lack of Jurisdiction Under Section 152 CPC. The court held that the correction of a clerical error under Section 152 CPC cannot be used to alter the subject matter of a suit that has been finally adjudicated.

6 Sep 2018

The petitioner, Parashuram, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 30.08.2016 passed by the ...

High Court

Bombay High Court Allows Petition Against Rejection of Technical Bid in Tender Process — Non-Affixing of Photograph on Forwarding Letter Held to be a Minor Irregularity. The court directed the respondents to consider the petitioner's technical bid as valid and proceed with the tender process, emphasizing that hyper-technical grounds should not be used to reject bids.

2 Sep 2016

The petitioner, Shri Vyankatesh Trading Company, a proprietary concern, challenged the rejection of its technical bid submitted in response to a tende...

High Court

Bombay High Court Allows Pilots' Union to Operate, Quashes Suspension of Registration by Industrial Tribunal. The Court held that the Industrial Tribunal exceeded its jurisdiction under Section 11 of the Trade Unions Act, 1926 by suspending registration and restraining the union from raising industrial disputes, as such powers are not conferred by the Act.

27 Nov 2013

The Petitioner, National Aviators Guild, a trade union registered under the Trade Unions Act, 1926, comprising about 117 pilots of Jet Airways (India)...

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