Search Results for "Supreme Court discretionary power"

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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 "Supreme Court discretionary power"

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High Court

Bombay High Court Dismisses Writ Petition Against Revocation of Factory Permit Due to Availability of Alternative Remedy of Appeal Under Section 394(5) of MMC Act, 1888. Court held that the impugned order rejecting renewal of factory permit is appealable under the Mumbai Municipal Corporation Act, 1888, and thus writ petition is not maintainable.

10 Mar 2011

The petitioners, M/s Formac Engineering Ltd & Anr, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Family Property Dispute. Court Upholds Arbitrator's Findings of Fact Under Section 34 of Arbitration and Conciliation Act, 1996, Holding That Interference Is Not Warranted Unless Award Is Perverse or Contrary to Public Policy.

8 Mar 2022

The present writ petition under Article 227 of the Constitution of India was filed by the petitioners, who are legal representatives of the original p...

High Court

Bombay High Court Adjudicates Writ Petition Against MMRDA's Demand for Additional Premium on Alleged Construction Delay. Court Examines Whether Demand is Arbitrary and Violative of Article 14 Given Delays Attributed to the Authority.

8 Apr 2026

The present writ petition was filed by Shree Naman Hotels Pvt. Ltd., a subsidiary of Shree Naman Developers Ltd., against the Mumbai Metropolitan Regi...

High Court

Bombay High Court Dismisses Injunction Application in Share Transfer Dispute — Agreement for Sale of Shares Not Enforceable as Contract for Sale of Shares, Not Specific Performance of Immovable Property. Court holds that agreement for transfer of shares is a contract for sale of goods and not for specific performance of immovable property, and plaintiff failed to show readiness and willingness.

8 Dec 2014

The plaintiff, Swaran Salaria & Associates, filed a suit for specific performance of an agreement dated 22 November 2007 with the first defendant, Him...

High Court

High Court of Karnataka Dismisses Winding-Up Petition for Disputed Debt and Lack of Jurisdiction — Foreign Company Cannot Seek Winding-Up of Indian Company Under Sections 433(e), 434 of Companies Act, 1956. The court held that a winding-up petition is not maintainable when the debt is bona fide disputed and the petitioner is a foreign company without a registered office in India.

28 Jul 2015

The petitioner, M/s. Arasor Corporation, a company incorporated in the United States of America, filed a company petition under Sections 433(e) and (f...

High Court

Madras High Court Allows EPFO's Writ Petition Challenging EPF Appellate Tribunal Order for Lack of Jurisdiction and Erroneous Application of Mens Rea. The Tribunal's order quashed as it entertained a time-barred appeal without condonation of delay and wrongly applied criminal law concepts to civil damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

2 Jan 2025

The case involves a writ petition filed by the Employees Provident Fund Organization (EPFO) challenging an order of the Employees Provident Fund Appel...

High Court

High Court of Bombay Quashes Prosecution Under MRTP Act Due to Limitation Bar — Non-Compliance with Demolition Notice Held Not a Continuing Offence. The Court held that offence under Section 53(7) of the Maharashtra Regional and Town Planning Act, 1966, is complete upon failure to comply with notice within prescribed period, and the mere continuance of unauthorized construction does not keep the offence alive for purposes of limitation under Section 468 Cr.P.C.

12 Feb 2013

The petitioners, who were accused in a criminal case under the Maharashtra Regional and Town Planning Act, 1966, challenged the rejection of their ple...

High Court

Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

26 Aug 2024

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

High Court

Bombay High Court Quashes Tahsildar's Order Cancelling Mutation Entries in Tenancy Land Dispute — Exceeds Jurisdiction Under Maharashtra Land Revenue Code. Tahsildar Cannot Cancel Certificate Issued Under Section 38(E) of Hyderabad Tenancy and Agricultural Land Act, 1950, as Such Power Lies Only with Revenue Tribunal or Civil Court.

16 Oct 2025

The petitioners, legal heirs of tenants Ganpati Kundlik Kurule and Abaji Ramji Jadhav, challenged the order dated 04.09.2025 passed by the Tahsildar, ...

High Court

Bombay High Court Quashes Mutation Entries and Communications Vesting Wakf Properties in Custodian of Enemy Property; Holds Consent Order Binding on Custodian. Court Declares That Once a Consent Order Withdraws a Vesting Certificate Under the Enemy Property Act, 1968, the Custodian Cannot Subsequently Claim Vesting Without Fresh Adjudication.

22 Jul 2026

The Bombay High Court allowed three writ petitions challenging the communications and mutation entries by which the Custodian of Enemy Property sought...

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