Search Results for "mala fide acts"

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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High Court of Bombay Sets Aside Tribunal's Interim Stay on Transfer of IAS Officer, Holding It Violative of Section 24 of Administrative Tribunals Act, 1985. Transfer Order Passed in Administrative Exigency After Preliminary Enquiry Revealed Financial Irregularities, Not Vitiated by Mala Fides.

The State of Maharashtra filed a writ petition before the Bombay High Court challenging two orders of the Central Administrative Tribunal, Bombay Bran...

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Bombay High Court Admits Appeal Against Rejection of Interim Injunction in Suit Challenging Cancellation of Lease by Nagpur Improvement Trust — Dharmashala Allotment Dispute under Nagpur Improvement Trust Act, 1936

The appeal arose from the rejection of a temporary injunction application by the trial court in a suit filed by a charitable trust against the Nagpur ...

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High Court of Karnataka Considers Quashing of Criminal Proceedings in Alleged Rape Case; Consensual Relationship and Dominance Allegations Under Scrutiny. Court Examines Whether Consent Was Obtained by Force, Fraud, or Deceit in Sexual Offences Under Sections 376 and Others of IPC, 1860.

The criminal petition was filed under Section 482 of Cr.P.C. seeking quashing of proceedings in C.C.No.109/2022 pending before JMFC-II, Shivamogga, ar...

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Bombay High Court Dismisses Petition Challenging LIC's RFP for Registrar and Share Transfer Agent. Court holds that LIC's decision to prescribe minimum net worth of Rs. 300 crores in the RFP is a commercial decision and not arbitrary or discriminatory under Article 14 of the Constitution.

The Petitioner, Alankit Assignments Limited, a company engaged in the business of Registrar and Share Transfer Agent (RTA), filed a Writ Petition unde...

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High Court Upholds Finding of Unfair Labour Practice in Layoff Case but Remands for Determination of Back Wages. Employer's Failure to Pay Layoff Compensation Constitutes Unfair Labour Practice Under Item 9 Schedule IV of MRTU & PULP Act, 1971.

The petitioner, Maharashtra Cylinders (Pvt.) Ltd., an industry engaged in manufacturing gas cylinders at Kalmeshwar, Nagpur, challenged the order date...

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Bombay High Court Quashes Charge Sheet Against Income Tax Officer for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction from the Central Government are invalid as the officer was not removable from service without such sanction.

The petitioner, Shri Nai Pal Singh, an employee of the Income Tax Department working as Commissioner of Income Tax (Departmental Representative), file...

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Bombay High Court Allows Revision Application in Rape Case Due to Lack of Prima Facie Evidence of Sexual Assault. Court Discharges Accused Under Section 227 Cr.P.C. as Allegations of Consensual Relationship Not Constituting Rape Under Section 376 IPC.

The applicant, Anurag Ravindra Umaley, filed a revision application under Section 397 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging th...