Search Results for "Jurisdictional Challenge"

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Supreme Court Dismisses Municipal Corporation's Appeal in Arbitration Case Upholding Arbitral Award. Challenge to Tribunal's Constitution Fails as 30-Day Appointment Period in Arbitration Agreement is Directory, Not Mandatory, Under Sections 16, 34, and 37 of the Arbitration and Conciliation Act, 1996.

The dispute originated from a consultancy agreement dated 18 September 1995 between the Municipal Corporation of Greater Mumbai (MCGM) and Respondent ...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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Supreme Court Interprets MSMED Act for Dispute Resolution Rights. Clarifying whether unregistered MSMEs under Section 8 can invoke arbitration under Section 18.

Remedies Under the MSMED Act, 2006 Unrestricted by Prior Registration Whether an enterprise not registered under Section 8 of the Micro, Small, and M...

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"High Court Upholds Eviction Decree Amid Claims of Jurisdiction and Subletting" "Revisiting the tenant-landlord dynamics: Jurisdiction, bonafide needs, and compliance under the Maharashtra Rent Control Act."

The Bombay High Court dismissed a revision application challenging eviction decrees under Section 115 of the CPC. It upheld findings of the Trial and ...

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Arbitration Amidst Disputed Insurance Claims. Navigating jurisdictional challenges and contractual non-disclosure in arbitration under the Arbitration and Conciliation Act, 1996.

A Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award for its alleged failur...

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Jurisdictional Determination in Easementary Right Claim on Waqf Property. Balancing Civil Jurisdiction and Waqf Tribunal Powers in Disputes Over Waqf Property Access Rights.

The High Court of Bombay addressed the issue of jurisdictional competence between the Waqf Tribunal and the Civil Court. The case revolves around the ...

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Examining the scope of Industrial Court’s jurisdiction in unfair labor practice complaints under MRTU & PULP Act in the context of employer-employee relationships.

Acts and Sections Discussed: Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices (MRTU & PULP) Act, 1971 - Sectio...

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Petition Dismissed Against Show Cause Notice Citing Lack of Jurisdictional Challenge. High Court denies interference in GST-related show cause notice, directing petitioner to exhaust alternative remedies.

This petition challenges a show cause notice issued by the authorities under GST law. The petitioner contended that the notice was based on statements...

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High Court Grants Leave to Combine Infringement and Passing Off Claims The Bombay High Court addresses jurisdictional challenges in a trademark dispute, granting leave under Clause XIV of the Letters Patent to combine actions for infringement and passing off.

The Bombay High Court deliberated on whether claims for trademark infringement and passing off could be joined in a single suit. The plaintiff sought ...