Search Results for "arbitrary sanction"

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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 "arbitrary sanction"

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High Court

Bombay High Court Allows Society's Appeal Against Injunction in Redevelopment Dispute — Single Member Cannot Stall Majority Decision. Section 104 CPC read with Order 43 Rule 1(r) CPC — Trial court's interim injunction restraining society from redevelopment set aside as it was based on disputed facts and balance of convenience favored the society.

7 May 2021

The appellant, Abhanga Samata Co-operative Housing Society Ltd., a society registered under the Maharashtra Co-operative Societies Act, 1960, is the o...

High Court

Bombay High Court Holds Landlord Not Necessary Party in Tenant's Suit Against Corporation for Demolition. The test for necessary party under Order I Rule 10 CPC is whether the suit outcome affects the legal interest of the landlord, which is not satisfied when the tenant seeks to restrain demolition of the tenanted premises.

14 Dec 2021

The judgment involves four writ petitions where the common question is whether the owner/landlord of the suit premises is a necessary or proper party ...

High Court

Bombay High Court Allows Appeal in Service Termination Case — Reinstatement with Back Wages Upheld. College Tribunal's order setting aside termination of lecturer for lack of approval from University and Education Officer was valid under Maharashtra Universities Act, 1994.

23 Dec 2021

The appellant, Mahadeorao Ramchandra Khadatkar, was appointed as a lecturer in economics at Dr. Punjabrao Deshmukh Arts and Commerce (Evening) College...

High Court

Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Retracted Confession and Lack of Corroboration Lead to Acquittal. Section 108 Customs Act statements retracted and not corroborated by independent evidence; prosecution failed to prove possession of smuggled gold beyond reasonable doubt.

15 Jan 2020

The case arises from a raid on 8th January 1991 at the premises of respondent no.1, Oghadmal Hiralal Jain, where five gold bars weighing 583 grams wer...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Reasonable Belief of Income Escaping Assessment. Reopening Beyond Four Years Without Fresh Material Constitutes Change of Opinion on Same Set of Facts.

11 Mar 2020

The petitioner, Gateway Leasing Pvt. Ltd., a non-banking financial company registered under the Companies Act, 1956, filed a writ petition under Artic...

High Court

Bombay High Court Allows Petition for TDR in DP Road Development Case — Petitioner Entitled to TDR for Roads Developed and Paid For Under DCR 33(7) and 33(8). The court held that the Petitioner is entitled to Transferable Development Rights (TDR) in the form of Floor Space Index (FSI) equivalent to the area of DP Roads developed and paid for by it, and quashed the rejection by the Respondents.

3 Jul 2020

The Petitioner, M/s Siddhi Real Estate Developers, is the owner of land admeasuring approximately 85,778 sq.mtrs. at village Dhokali, Thane. The Petit...

High Court

Bombay High Court Quashes Government Circular Restricting Land Compensation Under Consent Award. Circular dated 27.02.2020 Held Ultra Vires the RFCTLARR Act, 2013 and Maharashtra Rules, 2014.

9 Oct 2020

The petitioner, Sanjay Mahadeo Japkar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a Government Circular...

High Court

Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

17 Dec 2020

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

High Court

High Court of Karnataka Allows Writ Petition of Assistant Teachers Against Termination by Private Aided School — Violation of Natural Justice and Non-Compliance with KEA Act, 1983. Termination Order Set Aside as Management Failed to Obtain Prior Approval Under Section 94 of the Karnataka Education Act, 1983.

20 Feb 2025

The petitioners, twelve assistant teachers, were appointed by the first respondent, T. S. Subbanna Sarvajanika Education Trust, which runs a private a...

High Court

High Court of Karnataka Quashes FIR Against Journalist for Alleged Hate Speech Under Sections 153A and 505 IPC — Tweet Criticizing Budget Allocation Not Constituting Promotion of Enmity Between Groups. Court held that criticism of government policy is protected speech under Article 19(1)(a) and does not attract penal provisions unless it incites violence or promotes enmity between groups.

17 Mar 2025

The petitioner, Rahul Sivasankar, a renowned journalist with over 25 years of experience, filed a criminal petition under Section 482 of the Code of C...

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