Search Results for "distinct proceedings"

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Search Results for "distinct proceedings"

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High Court

Bombay High Court Dismisses Writ Petition of School Management Challenging Reinstatement Order — Termination of Employee Without Enquiry Violates Natural Justice and Section 5 of MEPS Act, 1977. The court upheld the Education Inspector's order directing reinstatement with back wages as the school failed to hold any disciplinary enquiry before terminating the employee.

5 Dec 2023

The petitioner, Uttar Bhartiya Education Society and the Head Mistress of Acharya Narendra Dev Vidyamandir, filed a writ petition challenging the orde...

High Court

Bombay High Court Allows Petition by School Management Against Labour Court Order in Reinstatement Dispute — Violation of Natural Justice Found as Employee Not Given Opportunity to Cross-Examine Witnesses. Principles of Natural Justice Require Full Opportunity to Defend, Including Cross-Examination, Before Adverse Order Can Be Passed Under Section 30 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

5 Dec 2023

The petitioners, President/Secretary of Uttar Bhartiya Education Society and Head Mistress of Acharya Narendra Dev Vidyamandir, challenged the order o...

High Court

Bombay High Court Grants Injunction in Favor of Plaintiff in Trademark Infringement Suit Over STIMULIV vs STIMULET. Marks Held Deceptively Similar Despite Differences in Pharmaceutical Formulation and Therapeutic Use.

1 Mar 2021

The dispute involves two pharmaceutical companies: Franco Indian Pharmaceuticals Pvt Ltd (Plaintiff) and Corona Remedies Pvt Ltd (Defendant). The Plai...

High Court

Bombay High Court Allows Writ Petition Challenging Form-3 Under Direct Tax Vivad Se Vishwas Act, 2020 for Assessment Year 2003-2004 — Designated Authority Directed to Recompute Amount Payable After Considering Refund Already Paid. The Court held that the Designated Authority must consider refunds paid under Section 244A of the Income Tax Act, 1961 while computing the amount payable under the DTVSV Act, and apply the principle of set off under Section 245 of the IT Act.

25 Aug 2021

The Petitioner, Cooperative Rabobank U.A., a bank established in the Netherlands and part of the Rabobank Group, is a regular assessee under the Incom...

High Court

Bombay High Court Allows Criminal Writ Petition and Revision in Dishonour of Cheque Case — Quashes Conviction Due to Non-Compliance with Section 138 NI Act Requirements. The court held that the complainant failed to prove the existence of a legally enforceable debt or liability and that the notice of demand was not properly served, leading to acquittal of the accused.

12 Jun 2020

The case involves a dispute between Monika Sales Agencies (a partnership firm) and its partner Sunil Lalchand Munot (petitioners) against Mahesh Nagar...

High Court

Bombay High Court Dismisses Petition Challenging Withdrawal of Approval for Engineering College Due to Unauthorized Relocation. AICTE's order upheld as petitioners shifted college without prior approval, violating statutory requirements under AICTE Act and University affiliation norms.

22 Aug 2012

The petitioners, Parshvanath Charitable Trust and others, filed a writ petition under Article 226 of the Constitution challenging an order dated 7 Jan...

High Court

Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

8 Feb 2019

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

High Court

Bombay High Court Dismisses Application for Amendment in Commercial IP Suit Due to Delay and Lack of Due Diligence. Amendment After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC as Plaintiffs Failed to Show They Could Not Have Raised the Matter Earlier.

30 Nov -0001

The present Interim Application No. 752 of 2024 was filed by the original plaintiffs, Ramnish Verma and Finesse Fashions Pvt. Ltd., in a pending Comme...

High Court

Bombay High Court Quashes FIR and Magistrate's Order in Cooperative Bank Directors' Case — Abuse of Process and Lack of Sanction Under Section 197 CrPC. Criminal proceedings under Sections 406, 468, 477A IPC read with Section 34 IPC quashed as the Magistrate ignored the High Court's earlier order restoring the complaint for consideration under Section 202 CrPC, and the directors being public servants required sanction for prosecution.

19 Aug 2013

The applicants, nine directors of a cooperative bank, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qu...

High Court

Bombay High Court Dismisses PIL Challenging BCCI's Amendment Excluding IPL and CLT20 from Conflict of Interest Regulations. The court held that the amendment was a valid policy decision by a private body and not subject to judicial review unless it violates statutory provisions or fundamental rights.

11 Nov 2014

The petitioner, Cricket Association of Bihar, filed a Public Interest Litigation (PIL) challenging the amendment to Regulation 6.2.4 of the BCCI Regul...

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