Search Results for "procedural infirmity"

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Bombay High Court Dismisses Petition by Cooperative Bank Challenging Appointment of Administrator Under Maharashtra Cooperative Societies Act. Court holds that the Registrar's satisfaction regarding supersession of board is subjective and not open to judicial review unless mala fides or perversity is shown.

The petitioner, Janakalyan Sahakari Bank Limited, a cooperative bank, filed a writ petition challenging the appointment of an administrator by the Dis...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Acquits Indonesian National in NDPS Case Due to Non-Compliance with Mandatory Sampling and Search Procedures. Conviction for possession of 3.930 kg Methamphetamine set aside as prosecution failed to follow Section 52-A NDPS Act sampling requirements and Section 50 search safeguards.

The appellant, an Indonesian national, was convicted by the Special Judge under the NDPS Act for possession of 3.930 kg of Methamphetamine and sentenc...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Extra-Judicial Confession and Insufficient Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Chandrakant Digambar Tanksale, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of Mohan, his cousin, and ...

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Bombay High Court Quashes Tender Conditions Requiring Work Experience and Solvency Certificate as Arbitrary and Unreasonable. Conditions held contrary to CPWD Works Manual, 2003 and violative of Article 14 of the Constitution.

The petitioner, James Electricals, a sole proprietorship concern of Mr. James Andrade, is a Class I electrical contractor enlisted with the respondent...

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Bombay High Court Dismisses Appeals Challenging Labour Court's Finding on Majority Union. Membership Verification by Labour Court is Final and Binding on Employer and Rival Union.

The case involves a dispute between two trade unions, Akhil Dadra & Nagar Haveli Kamgar Sangh (appellant in LPA 197/2008) and Krantikari Kamgar Union ...