Search Results for "Non-Obstante Clause"

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High Court

High Court Quashes Bye-Election Notification for Goa Legislative Assembly Seat Due to Insufficient Remaining Term Under Section 151-A of Representation of the People Act, 1951. Election Commission's Notification Declared Illegal as Incoming Member's Term Would Be Less Than One Year from Date of Election Result, Violating Mandatory Proviso Clause (a).

8 Apr 2026

The dispute arose from two writ petitions challenging the Election Commission of India's Notification dated 16.03.2026 for conducting a bye-election t...

High Court

High Court Quashes Bye-Election Notification for Goa Assembly Seat Due to Insufficient Remaining Term Under Representation of the People Act, 1951. Court held that bye-election cannot be held as remainder of term for newly elected member would be less than one year from date of election result, violating mandatory prohibition in Clause (a) of proviso to Section 151-A of the Act.

8 Apr 2026

The High Court of Bombay at Goa heard two writ petitions and a miscellaneous civil application challenging the Election Commission of India's Notifica...

Supreme Court

Supreme Court Dismisses Bank's Appeals in Voluntary Retirement and Disciplinary Action Case. Employee's voluntary retirement deemed accepted as bank failed to refuse notice within prescribed period under Regulation 29 of UCO Bank (Employees') Pension Regulations, 1995, and post-retirement disciplinary action invalid as show cause notice did not constitute institution of proceedings under Regulation 20(3)(ii) of UCO Bank (Officers') Service Regulations, 1979.

7 Apr 2026

The dispute involved an employee of UCO Bank who sought voluntary retirement and subsequently faced disciplinary action. The employee was appointed in...

High Court

High Court Dismisses Petition Challenging Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 - Upholds Arbitral Tribunal's Jurisdiction and Interest Award Under MSMED Act. Court held that remedy under Section 18 of Micro, Small and Medium Enterprises Development Act, 2006 is optional, not exclusive, and ad hoc arbitration permissible, with interest under Section 16 MSMED Act upheld.

10 Mar 2026

The dispute arose from a contract for supply of VRLA batteries between Petitioner, a government enterprise, and Respondent, a company registered under...

High Court

High Court Dismisses Appeal in MPID Act Attachment Case, Upholding Lower Court's Rejection of Stay Application Based on IBC Moratorium. Attachment Proceedings Under Section 8 MPID Act Not Stayed as They Aim to Protect Depositors' Interests, Not Recover Debt, and Do Not Overlap with Insolvency Proceedings Under IBC.

10 Mar 2026

The appeal arose from an order dated 4th November 2023 passed by the Special Judge (MPID), City Civil & Sessions Court, Greater Bombay, rejecting ...

High Court

High Court Dismisses Writ Petition Challenging Eviction Order Under Senior Citizens Act, Upholding Tribunal's Jurisdiction. The court held that eviction can be ordered without a separate maintenance claim as provision for residence falls within the definition of maintenance under Section 2(b) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to ensure the senior citizen's peaceful life.

5 Mar 2026

The dispute arose from a writ petition under Article 227 of the Constitution of India, challenging orders from the Appellate Tribunal and Maintenance ...

Supreme Court

Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

24 Feb 2026

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

High Court

High Court of Karnataka Allows Petition for Appointment of Arbitrator Under Arbitration and Conciliation Act, 1996, Rejecting MSMED Act Jurisdiction Bar. The court held that Section 18(4) of the Micro, Small and Medium Enterprises Development Act, 2006 does not bar a Section 11 application unless a reference is made to the Facilitation Council, and appointed an arbitrator as per the arbitration clause in the agreement.

9 Feb 2026

The dispute arose from a 'Bizom Customer Agreement' dated 21.02.2023 between the petitioner and respondent, containing an arbitration clause (clause 1...

High Court

High Court Sets Aside Arbitral Award in Partnership Dispute Between Parties Arbitration Petition Allowed Under Section 34 of Arbitration and Conciliation Act, 1996 Due to Procedural Irregularities

3 Feb 2026

The High Court allowed an arbitration petition challenging an arbitral award in a partnership dispute -- The Court found that the arbitral tribunal co...

High Court

High Court of Bombay at Goa Acquits Appellants in Criminal Appeal. Conviction Under Indian Penal Code, 1860 and Goa Children's Act, 2003 Set Aside Due to Inconsistent Evidence and Property Dispute

3 Feb 2026

The Appellants, were convicted by the Children's Court for offences under Section 504 and 324 read with Section 34 of Indian Penal Code, 1860 and Sect...

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