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Search Results for "Section 39"

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High Court

Bombay High Court Dismisses Sarpanch's Petition Against Removal Under Section 39 of Maharashtra Village Panchayat Act — Upholds Minister's Order Confirming Removal for Misappropriation of Funds. Court holds that the Sarpanch's failure to deposit collected taxes and misuse of funds constitutes 'misappropriation' under Section 39(1)(b) and that the Minister's order was based on sufficient material and not perverse.

16 Mar 2016

The Petitioner, Sau. Shubhangi Sharad Gondhali, was elected as a member of the Revdanda Grampanchayat in June 2013 and subsequently elected as Sarpanc...

High Court

Bombay High Court Dismisses Sarpanch's Petition Challenging Removal Under Section 39 of Maharashtra Village Panchayat Act — Minister's Order Confirmed Due to Lack of Jurisdictional Error. The Court held that the Minister's order dismissing the appeal against removal was not amenable to writ jurisdiction as no error of law or procedure was established.

16 Mar 2016

The Petitioner, Sau. Shubhangi Sharad Gondhali, was elected as a member of the Revdanda Grampanchayat in June 2013 and subsequently elected as Sarpanc...

High Court

Bombay High Court Quashes Penalty for Non-Certification of Annexures to Return of Allotment Under Section 39(5) of Companies Act, 2013 — Default Under Section 39(4) Relates Only to Filing of Return, Not Certification of Annexures.

27 Apr 2026

The petitioners, N.S.J.L Nidhi Ltd and its officers, challenged an order dated October 11, 2023, by which a Learned Adjudicating Officer imposed a pen...

High Court

Bombay High Court Allows Writ Petition Challenging Seizure of Packaged Commodities Under Legal Metrology Act. Court Holds That Alteration of MRP by Affixing Sticker and Non-Declaration of Manufacturer's Name on Wholesale Packages Are Not Violations Under the Act and Rules.

8 Dec 2006

The petitioner, Raj Marketing, a dealer in packaged commodities, had its godown visited by the Inspector of Metrology (Respondent No.2) on 31st Octobe...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Abatement in Arbitration Petition — No Appeal Lies Under Section 39 of Arbitration Act, 1940 Against Interlocutory Orders Not Specified Therein. The Court held that an order refusing to set aside abatement is not an appealable order under Section 39(1) of the Arbitration Act, 1940, and the appeal is not maintainable.

22 Jul 2013

The case arises from an Arbitration Petition filed under Section 30 of the Arbitration Act, 1940, challenging an arbitral award dated 25 April 1989. D...

High Court

Bombay High Court Allows Assessee's Reference on Depreciation Rates but Upholds Revenue's Disallowances on Travel Expenses, Medical Reimbursement, Motor Car Perquisite, and Rent as Capital Expenditure. The Court held that depreciation under Section 32 must be allowed at rates as amended from 2.4.1983, while affirming that employee travel expenses after destination are disallowable under Section 39 read with Rule 60, medical reimbursement is part of salary under Section 40(c), actual expenditure on motor cars for directors is to be considered, and rent of Rs.16,91,250/- is capital expenditure.

18 Sep 2012

This is a reference under Section 256(1) of the Income Tax Act, 1961, arising from the order of the Income Tax Appellate Tribunal in ITA No.5873/Bom/8...

High Court

Bombay High Court Dismisses Petition Challenging Minister's Order Setting Aside Disqualification of Sarpanch in Misconduct Case. Issuance of Death Certificates Without Authority Held Not Deliberate Misconduct Under Section 39(1)(i) of Maharashtra Village Panchayats Act, 1959.

2 May 2024

The petitioner, a voter of the village panchayat, filed a complaint under Section 39(1)(i) of the Maharashtra Village Panchayats Act, 1959 against res...

High Court

Bombay High Court Upholds Removal of Sarpanch for Gross Negligence and Misconduct Under Maharashtra Village Panchayat Act — Appellate Authority's Restoration Order Set Aside. The court held that failure to convene Gram Sabha meetings and misappropriation of funds constituted gross negligence and misconduct under Section 39 of the Maharashtra Village Panchayat Act, 1959, and the appellate order was perverse.

10 Feb 2022

The case pertains to the removal of Respondent No.4, Radhakisan Laxman Mhetre, as Sarpanch of Village Panchayat Nalwandi, Beed, under Section 39 of th...

Supreme Court

Supreme Court Dismisses Appellant's Challenge to Stamp Duty and Penalty Order in Specific Performance Suit. Agreement of Sale with Possession Deemed Conveyance Under Karnataka Stamp Act, 1957, and Court Has No Discretion to Impose Lesser Penalty Than Ten Times Deficit Duty Under Section 34.

2 Sep 2024

The appellant filed a suit for specific performance of an agreement for sale dated 04.11.1996, which was coupled with possession, thereby deemed a con...

High Court

Karnataka High Court Allows Writ Petition Against Karnataka State Financial Corporation in Seniority Dispute Between Direct Recruits and Promotees. Direct Recruit's Seniority Over Promotees from Date of Appointment Upheld Based on State Government Instruction Binding Under Section 39 of State Financial Corporations Act, 1951.

28 Feb 2020

The petitioner, M.A. Murthy, a direct recruit as Manager (F&A) in Karnataka State Financial Corporation (KSFC), sought seniority over promotees who we...

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