Search Results Page

Search Results

1 - 5 of 5 (0.33 seconds)

International Trade Expo Centre Ltd. vs Mukesh Sharma & Others on 2 April, 2014

The vital difference in the facts of the present case and the decision in the case of U.P. Cooperative Sugar Factories Federation Ltd. (Supra) is that in the present case the application has not been rejected and the appellant has liberty to file it before a Competent Court whereas in the case cited the application was rejected for want of jurisdiction. However since the maintainability of this appeal only is being considered the issue as to which would be the court under Section 2(1)(e) of the Act is not being gone into under this order.
Allahabad High Court Cites 17 - Cited by 1 - S Misra - Full Document

Jitendra Kalubava Chavla (Chavda) vs Legal Manager Kotak Mahindra Bank ... on 7 March, 2025

The reliance was placed on the decision of the Hon'ble Allahabad High Court in the case of U.P. Co-Operative Sugar Factories vs P.S. Misra And Anr. reported in 2002 SCC Online ALL 1095: AIR 2003 ALL 123. The appeal was filed under Section 37 of the Act of 1996, examining the order passed by the Court below on an application under Section 34, whereby the court has erroneously rejected the application for lack of jurisdiction. The Court observed that Section 37 does not clarify anywhere that if an application under Section 34 is rejected on merits alone only then the appeal would lie.
Gujarat High Court Cites 26 - Cited by 0 - Full Document
1