Search Results for "Article 226"

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Lapsing of Land Acquisition Proceedings: Bombay High Court Reiterates Compliance with Section 11A. "Justice Delayed in Acquisition Cannot Override Rights Protected by the Law"

The Bombay High Court quashed the impugned acquisition order, holding that the land acquisition proceedings concerning the petitioners' lands had laps...

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Rejection of SVLDRS Application Quashed: High Court Orders Re-calculation and Acceptance of Declaration. Bombay High Court sets aside the rejection of SVLDR Scheme application, emphasizing eligibility and recalibration of duty liability.

Nature of Petition (Para 3): Petition under Article 226 of the Constitution challenging rejection of SVLDR Scheme declarations due to alleged non-qua...

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"Supreme Court Bars Reopening Disposed Cases via Miscellaneous Applications" Litigants must adhere to procedural limits; fresh causes of action demand fresh proceedings.

Acts Discussed: Article 32 of the Constitution of India, Article 226 of the Constitution of India. Filing of Miscellaneous Applications: The Court ...

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"Bombay High Court Orders Insurance Company to Pay Award with Interest and Costs, Fixes Accountability for Harassment" Landmark judgment enforcing accountability on public sector insurance officials for non-compliance with Ombudsman awards.

The Bombay High Court adjudicated on two connected writ petitions involving an insurance dispute between Bharat Hirji Dedhia and Oriental Insurance Co...

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High Court Dismisses Writ Petition for Non-Exhaustion of Alternate Remedies. Petitions under Article 226 of the Constitution must follow procedural discipline, particularly where alternate remedies are available.

The Bombay High Court dismissed a writ petition challenging an Order-in-Original for failure to exhaust alternate remedies. The petitioner alleged a b...

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Bombay High Court Sets Aside Charity Commissioner’s Circular on Restricting Trust Names. A victory for freedom of expression in trust registrations under the Maharashtra Public Trusts Act.

The Bombay High Court quashed the Revised Circular No. 543 dated July 4, 2018, issued by the Charity Commissioner, Maharashtra, which directed trusts ...

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Pre-Deposit Requirement Mandatory Under Section 129E of Customs Act: Relief Denied. Relief under Article 226 for pre-deposit waiver cannot override the statutory mandate under Section 129E of the Customs Act, 1962.

1. Relief Sought by Petitioners (Paras 1–2) The Petitioners sought: Waiver of the pre-deposit requirement under Section 129E of the Customs Act,...

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"Recognition of Tribal Identity Reaffirmed: ‘Tokre Koli’ vs. ‘Koli Dhor’ Debate Settled" "High Court quashes scrutiny committee's decision, emphasizing preponderance of probability in caste validation."

The Bombay High Court at Aurangabad Bench overturned the Scheduled Tribe Certificate Scrutiny Committee's decision, which denied validation of the pet...

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Determining Paternity and Ownership Rights in Consolidation Disputes under U.P. Consolidation of Holdings Act, 1953.

Relevant Provisions Discussed: U.P. Consolidation of Holdings Act, 1953: Section 9: Filing of objections during consolidation proceedings. Se...

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"High Court Mandates Enhanced Verification Mechanisms to Prevent Real Estate Fraud" "Ensuring Transparency and Accountability in Real Estate Registrations"

The Court emphasized the necessity of a robust framework to ensure transparency and prevent fraudulent practices in the real estate sector. It directe...