High Court

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High Court of Bombay Hears Writ Petitions Challenging Tenancy Orders Under Bomba...

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High Court

Bombay High Court Quashes Show Cause Notice Issued to Petitioner in Foreign Trade Act Case — Misreading of Earlier Division Bench Judgment Invalidates SCN. The court held that the show cause notice under Section 14 of the Foreign Trade (Development and Regulation) Act, 1992, was based on an erroneous interpretation of a prior judgment that had already settled the issue of prospective application of a policy circular....

The petitioner, Essar Shipping Limited, challenged a show cause notice dated January 13, 2023, issued by the Director General of Foreign Trade under Section 14 of the Foreign Trade (Development and Re...

High Court

Bombay High Court Quashes Commercial Court Order Rejecting Application for Judgment on Admissions Under Order XII Rule 6 CPC — Matter Remitted for Fresh Consideration. The court held that Order XII Rule 6 CPC permits judgment on admissions without waiting for evidence, and the Commercial Court's failure to exercise jurisdiction warranted remand....

The appellant, Iqbal Dalla, filed a counter claim in a commercial suit filed by respondent Life Insurance Corporation of India Limited seeking recovery of Rs.49,24,532/-. The appellant claimed that th...

High Court

Bombay High Court Quashes Show Cause Notice Against Petitioner in SFIS Duty Credit Scrip Case — Misreading of Division Bench Judgment Leads to Unjustified Reopening of Settled Claims. The court held that a policy circular held to be prospective cannot be used to reopen benefits already granted and utilized, and that a show cause notice based on a misreading of a prior judgment is untenable....

The petitioner, Essar Shipping Limited, challenged a show cause notice dated January 13, 2023, issued by the Director General of Foreign Trade (DGFT) under Section 14 of the Foreign Trade (Development...

High Court

Madras High Court Allows State Appeal in Rent Dispute, Holds Contractual Obligations Not Enforceable Under Article 226. Dispute Over Enhanced Rent Between Landlord and Government Office Tenant Requires Adjudication of Disputed Facts, Not Suitable for Writ Proceedings....

The dispute arose from a landlord-tenant relationship where the respondent, D.R. Naidu (power agent of the owner), had rented premises to the Office of the Sub-Registrar, Konnur, Chennai. The Inspecto...

High Court

Madras High Court Considers Whether Rule 20(a)(iii) of Tamil Nadu Ministerial Service Rules Applies to Intra-Departmental Transfers. Petitioner Challenged Seniority Fixation Based on Condition to Forego Seniority Upon Transfer from Vellore to Tirunelveli Division....

The petitioner, a direct recruit Assistant in the Commercial Taxes Department through Tamil Nadu Public Service Commission, was allotted to Vellore Division. He sought transfer to Tirunelveli Division...

High Court

Madras High Court Disposes of Writ Petition Seeking Retirement Benefits by Directing Consideration of Fresh Representation by Municipality. Sanitary Worker's Claim for Gratuity and Pension from Rajapalayam Municipality Not Decided on Merits; Court Directs 4th Respondent to Pass Reasoned Order Within Six Weeks as Per Article 226....

The writ petition under Article 226 of the Constitution of India was filed by Thimmi, a former sanitary worker of Rajapalayam Municipality, seeking a mandamus directing the Commissioner of the municip...

High Court

Madras High Court Partly Allows Teachers Recruitment Board's Appeal Against Single Judge's Order Directing Consideration of Ph.D for Assistant Professor Selection; Directs Expert Committee to Verify Relevancy of Oceanography Ph.D to Chemistry. Non-Production of Equivalency Certificate Prior to Notification Not Fatal as Government Order Vests Power to Issue Relevancy Certificate for M.Phil/Ph.D in Concerned University....

This writ appeal was preferred by the Teachers Recruitment Board against the order of a learned Single Judge allowing the writ petition filed by the first respondent, who sought selection to the post ...

High Court

Madras High Court Directs Removal of Encumbrance Entry Regarding Pending Proceedings Under Section 47A of Indian Stamp Act in Partition Deed Case. Court Holds That Section 47A Does Not Apply to Partition Deeds Not Involving Conveyance, and Recovery Under Section 33A Is Time-Barred, Thus Entry Must Be Cancelled....

The petitioners, Dr. K. Mani and Dr. K. Dhanabackiam, were co-owners who, along with others, executed a partition deed dated 22.12.2006 registered as Doc.No.3099/2006. They were allotted 'A' schedule ...

High Court

Madras High Court Disposes of Writ Petitions Challenging Show Cause Notices for Alleged Hoarding Rule Violations. Court Reiterates That Writs Against Show Cause Notices Are Not Routinely Entertainable Except in Cases of Lack of Jurisdiction or Mala Fides, Directing Petitioners to Submit Explanations to the Municipal Authority....

Two writ petitions were filed by hoarding licensees, Kathir Arts Fabrication and ADD 5 Vision, challenging show cause notices issued by the Commissioner of Hosur Municipal Corporation under Rule 330 o...

High Court

Madras High Court dismisses writ petitions against show cause notices as premature, granting liberty to submit explanation. Show cause notices issued under Rule 330 of Tamil Nadu Urban Local Bodies Rules, 2023, for alleged violation of hoarding licence conditions are not amenable to writ challenge except on grounds of lack of jurisdiction or mala fides with personal impleadment....

Two writ petitions were filed under Article 226 of the Constitution of India by Kathir Arts Fabrication and ADD 5 Vision against the Commissioner, Hosur Municipal Corporation. The petitioners had been...

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High Court

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Madras High Court Allows State Appeal in Rent Dispute, Holds Contractual Obligations Not Enforceable Under Article 226. Dispute Over Enhanced Rent Between Landlord and Government Office Tenant Requires Adjudication of Disputed Facts, Not Suitable for Writ Proceedings....

Madras High Court Considers Whether Rule 20(a)(iii) of Tamil Nadu Ministerial Service Rules Applies to Intra-Departmental Transfers. Petitioner Challenged Seniority Fixation Based on Condition to Forego Seniority Upon Transfer from Vellore to Tirunelveli Division....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

Bombay High Court Dismisses MBBS Student's Writ Petition Seeking Fourth Attempt in Anatomy...

High Court of Bombay Hears Writ Petitions Challenging Tenancy Orders Under Bombay Tenancy ...

Supreme Court Allows Assessee in GST Limitation Case by Setting Aside Show Cause Notice fo...

Supreme Court Allows Criminal Appeal Against Acquittal in Dowry Harassment Death Case, Res...

Supreme Court Restores Criminal Appeal Against Acquittal After High Court Dismissed It as ...

Supreme Court Upholds Election Petitioner in Representation of People Act, 1951 Matter on ...

Supreme Court Quashes Domestic Violence Proceedings Against Husband Based on Prior Settlem...