Search Results for "removal motion"

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Search Results for "removal motion"

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High Court

High Court of Bombay at Goa Dismisses Petition Challenging DMA's Lack of Jurisdiction Under Section 44 of Goa Municipalities Act, 1968 — Director of Municipal Administration Not Vested with Power to Remove Councillor for Misconduct.

18 Jun 2026

The petitioner, Mr. Jervis Fernandes, filed a writ petition before the High Court of Bombay at Goa challenging an order dated 29.09.2023 passed by the...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Plaintiff's Right to Seek Enforcement of Agreement Despite Delay in Filing Suit. Court Holds That Article 54 of Limitation Act, 1963 Requires Suit for Specific Performance to Be Filed Within Three Years from Date Fixed for Performance, and Where No Date Is Fixed, Within Three Years from Notice of Refusal.

10 Jun 2026

The appellant, M/s. Rajendra Trading Company, a registered partnership firm, filed a suit for specific performance of an agreement dated 01.08.2014 wi...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

High Court

Bombay High Court Allows Petition of Elected President in Municipal Council Disqualification Dispute — President Retains Authority to Preside Despite Notice of Disqualification. No Disqualification Without Final Order Under Maharashtra Municipal Councils Act, 1965.

22 Jan 2019

The petitioner, Dr. Gazala Yasmeen, was elected as President of Mangrulpir Municipal Council on 31st December 2016 under Section 51A1A(1) of the Mahar...

Supreme Court

Supreme Court Partially Allows Appeal for Back Wages in Wrongful Dismissal Case — Municipal Employee Denied Full Back Wages Despite Illegal Removal Due to Financial Constraints of Municipality. The Court upheld the High Court's discretion to deny back wages where the employer is a financially constrained municipality, confirming that continuity of service and retiral benefits are sufficient relief.

1 Jan 2019

The appellant, Jayantibhai Raojibhai Patel, was appointed as Headmaster of a school run by the Municipal Council, Narkhed on 1 July 1986. In 1994, he ...

High Court

Bombay High Court Allows Appeal Against Refusal of Ad-Interim Relief in Suit Challenging Demolition Notice Under Section 351 of MMC Act, 1888. Court Restrains Corporation from Demolishing Garage Allegedly Constructed Prior to Datum Line, Holding That Prima Facie Case of Tenancy and Long Existence Warrants Protection.

22 Jun 2018

The appellant, Bilkish Hamid Indrapurwalla, filed a suit (L.C. Suit No. 1378 of 2018) in the Bombay High Court challenging an order dated 25th April, ...

High Court

Bombay High Court Dismisses Petition Challenging No-Confidence Motion Against Sarpanch — Procedural Irregularities Not Sufficient to Invalidate Motion Passed by Majority. The court held that the no-confidence motion passed by a majority of 9 out of 13 members was valid under Section 35 of the Maharashtra Village Panchayats Act, 1959, and the alleged procedural irregularities did not vitiate the motion.

22 Nov 2016

The petitioners, 13 ex-members of the Grampanchayat of Rukadi, filed a writ petition challenging the no-confidence motion passed against the Sarpanch,...

High Court

Bombay High Court Dismisses Restoration Petition in Arbitration Matter Due to Inordinate Delay. Delay of 382 days in seeking restoration of arbitration petition dismissed for non-compliance of office objections not condoned as arbitration proceedings require expeditious disposal under Section 34 of the Arbitration and Conciliation Act, 1996.

7 Feb 2014

The case involves a Notice of Motion filed by the applicant (Mukti Films and its proprietor) seeking condonation of a 382-day delay in taking out a mo...

High Court

High Court of Karnataka Hears Appeals Against Single Judge Order on Maintainability of Private Complaints Against Public Servants Under the Prevention of Corruption Act. The Single Judge Had Ruled That the Karnataka Lokayukta Act Does Not Expressly Exclude the Operation of Alternative Measures and There Is No Repugnancy With the Code of Criminal Procedure.

29 Nov 2013

The case originated from private complaints filed by the respondent, Sirajin Basha, against the appellant, B.S. Yeddyurappa, a former Chief Minister o...

High Court

Bombay High Court Sets Aside Ad-Interim Mandatory Injunction in Property Dispute — Mandatory Injunction Requires Higher Threshold of Proof. Court holds that ad-interim mandatory injunction cannot be granted without considering serious questions to be tried, balance of convenience, and irreparable loss, and that the trial court must hear the notice of motion before passing such orders.

15 Oct 2013

The appellant, original defendant, challenged an ad-interim mandatory injunction passed by the City Civil Court, Dindoshi, on 16 September 2013, direc...

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