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Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

Bombay High Court Overrules Full Bench: Post-Poll Aghadi Under Section 63(2B) of Maharashtra Municipal Councils Act Attracts Full Disqualification Regime Under Maharashtra Local Authority Members' Disqualification Act, 1986. The court held that the legal fiction in the proviso equates post-poll Aghadi with pre-poll Aghadi for all purposes, including disqualification for defection, and not merely for representation in subject committees.

16 Jul 2024

The case involves a reference to a larger bench of the Bombay High Court to resolve a conflict regarding the interpretation of the second Proviso to S...

High Court

Bombay High Court Quashes Disqualification of Sarpanch Under Maharashtra Village Panchayats Act — No Conflict of Interest Found in Contract Awarded to Husband. Disqualification under Section 14(1)(g) read with Section 16 of the Maharashtra Village Panchayats Act, 1958 set aside as the contract was awarded before the petitioner became Sarpanch and there was no direct or indirect interest in the contract.

27 Jan 2022

The petitioner, Sarpanch of Village Panchayat Malwada, was disqualified by the Collector Nanded under Section 14(1)(g) read with Section 16 of the Mah...

Supreme Court

Supreme Court Directs Floor Test in Madhya Pradesh Assembly Amid Resignation Controversy. Governor's Power to Direct Floor Test is Not Binding on Speaker; Resignations Require Verification.

16 Mar 2020

The case arose from a political crisis in Madhya Pradesh where 22 Members of the Legislative Assembly (MLAs) belonging to the Indian National Congress...

High Court

Bombay High Court Allows Writ Petition Challenging Disqualification of Grampanchayat Member Under Section 14(1)(g) of Maharashtra Village Panchayat Act, 1959. Appointment of Daughter-in-law as Peon Does Not Constitute Disqualification in Absence of Direct Interest.

4 Mar 2020

The petitioner, Himmat Tulshiram Athavale, was an elected member and Up-Sarpancha of Grampanchayat Javala (Shahapur) in Amravati district. In 2015, he...

High Court

Bombay High Court Quashes Disqualification of Zilla Parishad Councilor for Office of Profit — Secretary of Watershed Committee Not an Office of Profit Under Section 16(1)(h) of Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961. The court held that the position of Secretary of a Watershed Management Committee with an honorarium of Rs.3,000 per month does not constitute an office of profit under the Act.

31 Jul 2019

The petitioner, Bhagwat Digambarrao Uphad, was elected as a Councilor of the Zilla Parishad. Respondent No.6, Vikram Hanumantrao Uphad, filed an appli...

High Court

High Court of Karnataka Dismisses Appeals in APMC License Cancellation Case — Upholds Single Judge's Order Refusing to Interfere with Cancellation of License for Non-Compliance with Bye-Laws. Licensee Failed to Establish Valid License and Was Not Entitled to Relief Under Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966.

14 May 2018

The case involves two intra-Court appeals filed by Sri Chitturi Durga Rao and Nirmala Bagodi against a common order dated 13.12.2017 passed by a learn...

High Court

Karnataka High Court Dismisses Appeals in APMC License Cancellation Case — No Interference with Concurrent Findings of Fact. The court upheld the Single Judge's dismissal of writ petitions challenging license cancellation by the Agricultural Produce Marketing Committee, finding no perversity or error of law.

14 May 2018

The case involves two intra-Court appeals (W.A. Nos. 6870/2017 and 6871/2017) filed by Sri Chitturi Durga Rao and Nirmala Bagodi respectively, against...

High Court

High Court of Karnataka Dismisses Quo Warranto Petitions Challenging Appointment of Parliamentary Secretaries. Petitioners failed to establish that the appointments violated Article 164(1A) of the Constitution of India as the incumbents were not Members of the Legislative Council.

24 Apr 2018

The petitioners, two Members of the Karnataka Legislative Assembly, filed writ petitions under Articles 226 and 227 of the Constitution of India seeki...

High Court

Bombay High Court Upholds Disqualification of Gram Panchayat Member for Having More Than Two Children Under Section 14(1)(j1) of Bombay Village Panchayats Act, 1958. Children from Both Marriages Counted Regardless of Divorce; Belated Application Does Not Bar Disqualification.

5 Sep 2012

The petitioner, Ashok Balasaheb Chaugule, was elected as a member of the Gram Panchayat of Tardal, Taluka Hatkanangale, District Kolhapur in 2007. Res...

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