Search Results for "technical plea"

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Search Results for "technical plea"

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High Court

Bombay High Court Quashes Demolition Notice Against Tenants in Municipal Corporation Dispute — Notice Issued Without Hearing Tenants Violates Principles of Natural Justice. Section 264(1) of Maharashtra Municipal Corporations Act, 1949 Requires Notice to Occupants Before Demolition.

17 Mar 2023

The petitioners, who are tenants of various shops in a building owned by the respondent no. 3 (since deceased), challenged a notice dated 05.03.2021 i...

High Court

Bombay High Court Quashes Tribunal Order Allowing Correction of Date of Birth at Fag End of Service — State of Maharashtra v. Sudhir Bhagwat Kalekar. The court held that an application for correction of date of birth made after 30 years of service, just before retirement, is not maintainable under Rule 38 of the Maharashtra Civil Services (General Conditions of Service) Rules, 1981.

23 Jun 2023

The State of Maharashtra filed a writ petition challenging the judgment and order dated 21 April 2023 of the Maharashtra Administrative Tribunal (Trib...

High Court

Bombay High Court Allows Writ Petition for Condonation of Delay in Filing Income Tax Return Under Section 119(2)(b) of Income Tax Act, 1961 — CBDT Directed to Consider Petitioner's Application on Merits. The court held that the CBDT must consider the application for condonation of delay on its own merits and not reject it without proper consideration.

18 Jul 2023

The petitioner, a joint venture between M/s R. K. Madhani & Co. and M/s Prakash Engineers & Infraprojects Private Limited, was engaged in executing pr...

High Court

Bombay High Court Allows Appeal Against Remand Order in Rent Suit — Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Setting Aside Findings on Jurisdictional Fact. The Appellate Court's direction to re-register the suit under ordinary civil jurisdiction was without authority as the trial court had decreed the suit under the Maharashtra Rent Control Act, which is within the exclusive jurisdiction of the Small Causes Court.

18 Aug 2023

The appellants, who were the original plaintiffs, filed Regular Civil Suit No.97 of 2007 before the Civil Judge, Junior Division, Kopargaon, seeking p...

High Court

Bombay High Court Dismisses Writ Petition Challenging GST Demand and Rejection of Revocation of Registration — Petitioner Failed to Prove Receipt of Goods and Payment to Supplier Under Section 16(2) of CGST Act, 2017. Input Tax Credit Denied as Burden of Proof Not Discharged.

2 Aug 2023

The petitioner, a proprietorship firm engaged in exporting mobile handsets and registered under the CGST Act, 2017, filed applications for refund of I...

High Court

Bombay High Court Allows Writ Petitions Challenging Caste Certificate Scrutiny Committee's Order Cancelling Validity Certificates. Court holds that the Scrutiny Committee must follow principles of natural justice and cannot cancel a validity certificate without giving an opportunity of hearing to the holder.

17 Oct 2023

The petitioners, Lalita Raju Deshmukh, Surekha Dajirao Wadje, and Prakash Ramesh Waghmare, filed three separate writ petitions challenging the orders ...

High Court

Bombay High Court Orders Refund of Rs.56 Crore Service Tax Deposit Retained Without Authority of Law. Petitioner Bank's deposit made under protest to buy peace on interchange income cannot be retained without show cause notice or adjudication order.

8 Nov 2023

The petitioner, The Hongkong and Shanghai Banking Corporation Ltd., filed a writ petition under Article 226 of the Constitution challenging the retent...

High Court

Bombay High Court Dismisses Writ Petition of School Management Challenging Reinstatement Order — Termination of Employee Without Enquiry Violates Natural Justice and Section 5 of MEPS Act, 1977. The court upheld the Education Inspector's order directing reinstatement with back wages as the school failed to hold any disciplinary enquiry before terminating the employee.

5 Dec 2023

The petitioner, Uttar Bhartiya Education Society and the Head Mistress of Acharya Narendra Dev Vidyamandir, filed a writ petition challenging the orde...

High Court

Bombay High Court Allows Petition by School Management Against Labour Court Order in Reinstatement Dispute — Violation of Natural Justice Found as Employee Not Given Opportunity to Cross-Examine Witnesses. Principles of Natural Justice Require Full Opportunity to Defend, Including Cross-Examination, Before Adverse Order Can Be Passed Under Section 30 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

5 Dec 2023

The petitioners, President/Secretary of Uttar Bhartiya Education Society and Head Mistress of Acharya Narendra Dev Vidyamandir, challenged the order o...

High Court

Bombay High Court Allows Contempt Appeal, Quashes Charges Against Appellants in Contempt Proceedings for Alleged Willful Disobedience of School Tribunal Order. The Court held that mere non-compliance of a reinstatement order does not automatically constitute contempt unless there is willful and deliberate disobedience, and that the Single Judge's order framing charges was premature without giving opportunity to show cause.

14 Jan 2022

The case arises from a contempt appeal filed by the appellants, who were the Secretary and Head Master of an educational institution, against an order...

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