Search Results for "Maintainability"

104 result(s) found

Scroll Down To Discover

Found 104 result(s)

© Image Copyrights Juris Services & Technology

"Supreme Court Bars Reopening Disposed Cases via Miscellaneous Applications" Litigants must adhere to procedural limits; fresh causes of action demand fresh proceedings.

Acts Discussed: Article 32 of the Constitution of India, Article 226 of the Constitution of India. Filing of Miscellaneous Applications: The Court ...

© Image Copyrights Juris Services & Technology

"Bombay High Court Clears Path for Arbitration: Partnership or Private Limited?" "Justice through Review: Correcting Factual Errors to Uphold Fair Arbitration Practices."

Background of Dispute Original application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator. Appli...

© Image Copyrights Juris Services & Technology

"High Court's Jurisdiction Clarified in Testamentary Matters" "Concurrent Jurisdiction Explored with Key Clarifications on Succession Act Provisions"

This judgment addresses the jurisdiction of the Bombay High Court in entertaining a petition for the grant of Letters of Administration concerning pro...

© Image Copyrights Juris Services & Technology

Supreme Court Clarifies Scope of Arbitration and Limitation in Insolvency Context. Balancing Arbitration Rights with Insolvency Proceedings under IBC and Limitation Law

  Factual Background HPCL Bio-Fuels Ltd., a government-owned entity, engaged M/S Shahaji Bhanudas Bhad for a turnkey project to enhance b...

© Image Copyrights Juris Services & Technology

"Supreme Court Ruling: Second Complaint Dismissed as Non-Maintainable" "The Supreme Court reinforces limitations on filing repeated complaints on identical facts after judicial acceptance of a final report."

Acts and Sections Discussed Code of Criminal Procedure (Cr.P.C.), 1973 Section 173: Final Report after police investigation. Section 156(3): ...

© Image Copyrights Juris Services & Technology

Partition Dispute Judgment: Unregistered Partition Deed Not Subject to Stamp Duty and Penalty Requirement. The Bombay High Court held that an unregistered partition deed recording a family arrangement does not require impounding for stamp duty or registration, and ordered a refund of penalties.

The High Court in this Writ Petition addressed the legality of an order by the trial Court that sent an unregistered partition deed to the Collector o...

© Image Copyrights Juris Services & Technology

"Supreme Court Decides on AERA's Right to Appeal: Can Regulatory Authorities Challenge Their Own Decisions?" "Clarifying the distinction between regulatory and quasi-judicial functions in appeal maintainability."

Authority of India (AERA) before the Supreme Court against the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) under the Airport Economic R...

© Image Copyrights Juris Services & Technology

"Bombay High Court Dismisses Civil Revision Application Under Section 115 CPC in Light of Section 34(4) of Maharashtra Rent Control Act" "Applicants must seek remedy before the Appellate Bench under the MRC Act, not directly before the High Court."

The Bombay High Court dismissed the Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908, stating that the proper r...

© Image Copyrights Juris Services & Technology

Bail Denied under Section 437(6) CrPC: Discretionary Power Exercised, Not a Default Right. Trial delay does not grant automatic bail under Section 437(6) of CrPC. Courts must exercise discretion based on facts and circumstances.

The applicant sought bail under Section 437(6) of the CrPC, claiming that the trial was not concluded within 60 days from the first date fixed for evi...

© Image Copyrights Juris Services & Technology

Supreme Court Sets Aside Calcutta High Court Judgment, Orders Tenant Eviction. Landlord-Tenant dispute over sub-letting resolved by the Supreme Court, reaffirming eviction order against tenant.

The Supreme Court set aside the Calcutta High Court’s judgment dated 24th August 2023, which overturned the First Appellate Court’s eviction order...