Search Results for "consent irrelevant"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "consent irrelevant"

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High Court

Bombay High Court Allows Interim Application to Set Aside Ex-Parte Arbitral Award Due to Lack of Proper Service and Violation of Natural Justice. Service by email without proof of delivery and newspaper publication without court permission is insufficient under Section 34 of the Arbitration and Conciliation Act, 1996.

31 Mar 2021

The case involves an application under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the respondents in the arbitration (applican...

High Court

Bombay High Court Allows Teacher's Petition Against Termination for Non-Compliance with Section 5 of MEPS Act, 1977. Termination of Shikshan Sevak without prior approval of Education Officer under Section 5 of MEPS Act is illegal and void.

1 Apr 2021

The petitioner, Ashok Udhav Kothawale, was appointed as a Shikshan Sevak (teacher) at Vasant Vidyalaya, run by respondent No.4 management, after appro...

High Court

Bombay High Court Dismisses Petition Challenging Termination of President's Election for Non-Submission of Caste Validity Certificate. Section 51-1B of Maharashtra Municipal Council Act, 1965 Mandates Strict Compliance; Failure Results in Deemed Termination.

4 May 2021

The petitioner, Sanjay Nathalal Gohil, was elected as President of the Municipal Council, Pachora. The District Collector passed an order dated 23rd J...

High Court

Bombay High Court Dismisses Employer's Challenge to Labour Court Awards in Industrial Dispute Cases. Reinstatement with Back Wages Upheld for Workmen Found to Have Completed 240 Days of Service and Terminated Without Compliance with Section 25-F of Industrial Disputes Act, 1947.

25 Jun 2021

The judgment pertains to a batch of writ petitions filed by Duncan Engineering Ltd. (erstwhile Schrader Duncan Ltd.) challenging separate awards passe...

High Court

Bombay High Court Quashes Government Notifications Requiring Licenses for Hamals and Transporters in APMCs Under APMC Act. The Court held that the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 does not empower the State to require licenses for hamals and transporters, and upheld the constitutional validity of the Maharashtra Essential Services Maintenance Act, 2021.

29 Jun 2021

The judgment concerns a batch of writ petitions filed by various transport companies, hamal unions, and cooperative societies challenging Government R...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

High Court

Bombay High Court Dismisses Employer's Challenge to Workman Status in Industrial Dispute. Tribunal's finding that employee was a 'workman' under Section 2(s) of the Industrial Disputes Act, 1947 upheld as not perverse.

5 Jul 2021

The petitioner, M/s. Procter and Gamble Health Limited (formerly Merck Ltd.), challenged an award dated 28.02.2020 passed by the Industrial Tribunal a...

High Court

Bombay High Court Quashes Scrutiny Committee Order Invalidating Caste Certificates of Thakur Scheduled Tribe Members. Held that the Committee acted beyond its jurisdiction by reopening settled claims without fresh material and ignoring earlier valid certificates and judicial orders.

30 Aug 2021

The petitioners, Amarnath (since deceased, represented by his wife Rajani) and Raghvendra, were real brothers who had been issued caste certificates i...

High Court

Bombay High Court Quashes MPDA Detention Order Against Petitioner for Non-Application of Mind and Multiple Preventive Actions on Same Set of Facts. The court held that the detention order under Section 3 of MPDA Act was unsustainable as it was based on the same facts already considered in chapter proceedings and externment proceedings, and the petitioner did not habitually commit offences to be categorized as a dangerous person.

24 Aug 2021

The petitioner, Shri Chotu Mohan Naidu, filed a Criminal Writ Petition before the Bombay High Court challenging an order of detention dated 05.03.2021...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Blanks in In-Camera Statements and Non-Application of Mind. The Court held that the detenu's right to make an effective representation under Article 22(5) was violated as the in-camera statements contained blanks and the grounds of detention contained details not found in those statements.

30 Aug 2021

The petitioner, Sanjay s/o Ramuji Phatode, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleg...

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