Search Results for "procedural fairness"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "procedural fairness"

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High Court

Bombay High Court Allows Petition for Entertainment License for Orchestra in Restaurant, Quashes Rejection Based on Unsubstantiated Police Objections. The court held that the Commissioner of Police cannot reject an entertainment license application solely on the ground of potential law and order issues without concrete evidence of past violations or adverse reports.

2 Apr 2026

The petitioner, Shivaji Sambu Waghralkar, sole proprietor of M/s Hausa Restaurant & Bar, filed a writ petition under Articles 226 and 227 of the Const...

High Court

Madras High Court Partially Allows Section 34 Petition Against Arbitral Award in Railway Contract Dispute — Remits Claim for Reconsideration on Measurement Discrepancy. Court holds that the Arbitral Tribunal's rejection of the claim based on a mistaken understanding of the contract's measurement unit (track metre) constitutes a patent illegality under Section 34 of the Arbitration and Conciliation Act, 1996.

20 Jan 2026

The petitioner, M/s.Muthu Construction, a proprietary concern, entered into a contract with the respondent, Union of India represented by the Southern...

Supreme Court

Supreme Court Quashes Conviction in Revision for Murder Due to Statutory Bar Under Section 401(3) CrPC — High Court Exceeded Revisional Jurisdiction by Converting Acquittal into Conviction Without Notice to Accused. The Court held that revisional court cannot convert acquittal into conviction and that proceedings were vitiated for want of notice and abatement of revision upon death of complainant.

10 Jan 2025

The case pertains to an incident dated 13.03.1998 during the Holi festival. Initially, Dharampal lodged a complaint alleging assault by Om Parkash (co...

Supreme Court

Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

1 Oct 2024

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

Supreme Court

Supreme Court Upholds High Court Decision: BOT Scheme Agreements Classified as Leases, Rejects Claims of Legitimate Expectation and Promissory Estoppel. In a landmark ruling, the Supreme Court affirms that Build, Operate & Transfer (BOT) agreements for toll collection fall under the definition of a lease, dismissing appeals challenging legislative amendments and executive assurances.

19 Jul 2024

Petitions decided by the High Court of Madhya Pradesh, questioning whether a Build, Operate & Transfer (BOT) Scheme agreement, where the right to ...

High Court

Bombay High Court Continues Ex-Parte Injunction in Copyright and Trademark Infringement Suit Over ATYATI Device Mark. The Court found no suppression by the Plaintiff and held that the Defendants' adoption of a deceptively similar logo without explanation warranted continuation of the injunction.

30 Apr 2024

The present suit was filed by the Plaintiff, a company engaged in IT solutions, alleging infringement of its copyright in the ATYATI device mark, infr...

Supreme Court

Supreme Court Upholds Borrowers' Right to Hearing in RBI Fraud Classification Directions. The Court held that principles of natural justice, specifically audi alteram partem, must be read into the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 to prevent arbitrariness, as classification entails serious civil consequences under Clauses 8.9.4 and 8.9.5.

27 Mar 2023

The civil appeals arose from challenges to the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directio...

Supreme Court

Supreme Court Reinstates Dismissal Order in CRPF Disciplinary Proceedings Due to High Court's Excessive Judicial Review. Judicial Review Limited to Procedural Fairness, Not Merits or Evidence Re-evaluation, Under Section 11(1) of CRPF Act, 1949 and Rule 27 of CRPF Rules, 1955.

21 Sep 2021

The dispute arose from the dismissal of a General Duty Constable in the Central Reserve Police Force (CRPF) following departmental proceedings. The co...

High Court

Bombay High Court Allows Students' Petitions Challenging AICTE's Retrospective Reduction of Engineering Seats — Violation of Natural Justice and Legitimate Expectation. AICTE's power to regulate technical education does not include the power to retrospectively alter approved intake after admissions are finalized, as it violates principles of natural justice and legitimate expectation under Article 14 and Article 21 of the Constitution.

5 Jul 2019

The petitioners, students who had taken admission to engineering colleges in Maharashtra for the academic year 2019-20, challenged the decision of the...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind to Witness Statements. The court held that the detaining authority failed to properly consider in-camera statements, violating the detenu's right to make an effective representation under Article 22(5) of the Constitution.

14 Mar 2013

The petitioner, Ravi Hanumant Thorat, brother-in-law of the detenu Sahadeo @ Sada Laxman Dhavare, challenged the validity of a preventive detention or...

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