Search Results for "Right to Challenge"

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Search Results for "Right to Challenge"

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High Court

High Court of Judicature at Bombay Dismisses Application Seeking Dismissal of Election Petition in Representation of People Act, 1951 Case Due to Disclosure of Cause of Action. Allegations of Non-Disclosure of Criminal Cases and Assets Under Section 33A and Rule 4A Require Trial on Merits as Petition Pleads Statutory Grounds Under Sections 100 and 123(2).

24 Mar 2026

The High Court of Judicature at Bombay heard an application under Order VII Rule 11(a) and (d) of the Code of Civil Procedure, 1908, seeking dismissal...

Supreme Court

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.

11 Mar 2026

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

High Court

High Court of Bombay Dismisses Employer's Writ Petitions Against Gratuity Orders Under Payment of Gratuity Act, 1972. The Court upheld the Controlling and Appellate Authorities' decisions, finding no error in adjudicating delayed applications or in calculating gratuity based on basic wages and dearness allowance, as the employer's deposit of admitted amount waived delay objections and special allowance was not part of statutory wages.

7 Mar 2026

The dispute involved multiple writ petitions filed by an employer company and several employees concerning gratuity payments under the Payment of Grat...

High Court

High Court Quashes Arbitral Awards in Arbitration Petitions Under Section 34 of Arbitration and Conciliation Act, 1996 Due to Unilateral Appointment of Arbitrator. Unilateral Appointment Renders Arbitrator De Jure Ineligible Under Section 12(5), and Waiver Requires Express Written Agreement After Dispute Arises, Not Mere Participation in Proceedings.

5 Mar 2026

The dispute arose from multiple arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging arbitral awards pass...

High Court

High Court Quashes Transfer Order of KSRTC Employee Due to Arbitrariness and Lack of Administrative Exigency -- Writ Petition Under Article 226 Allowed with Reinstatement and Back Wages

23 Jan 2026

The petitioner, a Driver-cum-Conductor in the North West Road Transport Corporation, challenged his transfer from Chikodi Division to Belagavi/Khanapu...

High Court

High Court Quashes Income Tax Assessment Orders for Non-Compliance with Mandatory Draft Order Requirement Under Section 144C of Income Tax Act, 1961. The court held that issuance of draft assessment order under Section 144C(1) is mandatory for eligible assessees where variation arises from Transfer Pricing Officer order under Section 92CA(3), and non-compliance renders final order void ab initio, even after remand under Section 263.

6 Jan 2026

The dispute involved a pharmaceutical company challenging assessment orders passed by the Income Tax Department for Assessment Years 2017-18 and 2018-...

Supreme Court

High Court Dismisses Manufacturer's Appeals in Central Excise Classification Dispute. Classification of Benzene and Toluene Based on Purity Under Central Excise Tariff Act, 1985 and Procedural Compliance Under Central Excise Rules, 1944 Were Upheld by Tribunal.

28 Apr 2025

The appeals arose from a common order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) concerning classification and duty demands on...

Supreme Court

Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

9 Apr 2025

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

Supreme Court

Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

17 Mar 2025

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

High Court

High Court of Judicature at Bombay Set Aside Order of Revisional Authority in Membership Eligibility Dispute. Enrollment of Members Without Fulfilling Statutory Conditions—Interference by Revisional Authority Quashed—Findings of Registrar and Appellate Authority Upheld

10 Mar 2025

a) Registrar’s powers under Section 11 of the MCS Act are confined to determining the factual eligibility of prospective members. b) Revisional Auth...

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