Search Results for "Arbitrary Refusal"

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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 Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "Arbitrary Refusal"

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Supreme Court

Supreme Court Clarifies Remission Power Under Section 432 CrPC — Emphasizes Need for Application, Reasoned Orders, and Procedural Fairness. The Court held that suo motu remission is impermissible, conditions must be reasonable, automatic revocation invalid, and reasons must be recorded for rejection.

18 Feb 2025

The Supreme Court, in a suo motu writ petition, examined the scope and limitations of the power of the appropriate Government to remit sentences under...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Injunction Order in Construction Dispute — Upholds Appellate Court's Restraint on Construction Within Setback Area. The court held that the balance of convenience favoured the respondents and the petitioners failed to show irreparable loss, as the construction would block light and air to the respondents' property.

3 Mar 2023

The petitioners, original defendant nos. 1(a) and 2 in Regular Civil Suit No.76/2009/C, challenged the judgment and order dated 11.05.2022 passed by t...

High Court

Bombay High Court Allows Pension Revision for Retired Employees under Employees' Pension Scheme, 1995 — Upholds Right to Higher Pension Based on Actual Salary. The court held that employees who opted to contribute on actual salary are entitled to pension calculated on that salary, and refusal to revise pension was arbitrary and violative of Articles 14 and 21 of the Constitution.

29 Sep 2022

The judgment pertains to a batch of writ petitions filed by retired employees of the Maharashtra State Electricity Board (MSEB) and other establishmen...

High Court

Bombay High Court Allows Personal Guarantor to Travel Abroad for Sister-in-Law's Marriage, Holds Right to Travel Abroad Part of Personal Liberty Under Article 21 of Constitution of India. The court set aside Debt Recovery Tribunal's order refusing travel permission, finding it arbitrary and violative of Article 21.

7 Jun 2022

The petitioner, Anurag Gupta, a personal guarantor of a company under liquidation, challenged an order of the Debt Recovery Tribunal (DRT) refusing hi...

High Court

Bombay High Court Quashes Provisional Attachment Order in PMLA Case for Lack of Scheduled Offence. Attachment of properties under Section 5(1) of Prevention of Money Laundering Act, 2002 set aside as predicate offence was not a scheduled offence under PMLA.

23 Aug 2021

The petitioners, Sunlight Housing Development Pvt. Ltd., Mukesh Doshi, Kaushal Doshi, and Mack Star Marketing Pvt. Ltd., filed writ petitions challeng...

High Court

Bombay High Court Upholds Disinvestment of BPCL and Repeal of Burmah Shell Act — Strategic Disinvestment Policy Not Subject to Legislative Mandate for Prior Parliamentary Approval. The court held that the executive is competent to decide disinvestment under Article 73, and the repeal of the Burmah Shell Act by Finance Act 2016 is valid, with no right of first refusal for employees or dealers.

12 Nov 2020

The judgment concerns four petitions challenging the Union of India's decision to disinvest its shareholding in Bharat Petroleum Corporation Limited (...

High Court

Bombay High Court Allows Writ Petition Against CIDCO's Refusal to Grant NOC for Additional FSI for IT/ITES Development. Government Order dated 31st August 2009 enabling additional FSI for IT/ITES use is binding on CIDCO as a planning authority.

11 Jun 2012

The petitioner, M/s. Shakti Commercial Premises Society Ltd., a cooperative society registered under the Maharashtra Coop. Societies Act, 1960, filed ...

High Court

Bombay High Court Allows Petition of Professor Challenging Transfer in Medical Education Case — Transfer Quashed Due to Proximity to Superannuation and Health Grounds. Transfer of a Professor in Biochemistry less than one year before retirement set aside as arbitrary under service law principles.

28 Jun 2006

The petitioner, Nilkanth s/o Ramji Akarte, was appointed as Lecturer in Biochemistry at Government Medical College, Nagpur on 17.3.1977 and promoted t...

High Court

Bombay High Court Dismisses Petition Challenging AICTE's Refusal to Grant Approval for MBA Course Due to Non-Compliance with Infrastructure Norms. AICTE's decision based on expert committee report and lack of essential facilities was upheld as reasonable and not arbitrary.

15 Sep 2005

The petitioners, Yerala Medical Trust & Research Centre and Y.M.T. College of Management, sought to establish a new MBA course and applied to the All ...

Supreme Court

Supreme Court Disposes of Appeals in Mining Lease Dispute – Withdrawal of Recommendation and Reservation Notifications Challenged.

1 Jan 1970

These appeals arise from a common judgment of the Jharkhand High Court dated April 4, 2007, dismissing writ petitions filed by several companies engag...

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