Search Results for "Clause 52(5)"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Clause 52(5)"

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High Court

Bombay High Court Quashes Prior Approval for Detention Under Maharashtra Prevention of Dangerous Activities Act, 1981 — Failure to Consider Less Restrictive Measures. The Court held that the detaining authority must consider the possibility of taking less drastic action before ordering preventive detention, and failure to do so vitiates the detention order.

20 Dec 2023

The petitioner, Ajgar Akhtar Khan, filed a writ petition under Article 226 of the Constitution of India challenging the grant of prior approval/order ...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

High Court

High Court Enhances Compensation in Motor Accident Claim for Death and Injury — Negligence of Truck Driver Proved, Insurance Company Liable to Pay. The Court held that the Tribunal erred in applying contributory negligence and in assessing quantum, and enhanced compensation under the Motor Vehicles Act, 1988.

7 Jul 2022

The case arises from a motor accident that occurred on 22.12.1990 involving a scooter and a truck. The deceased, Manmathappa Patwari, was riding pilli...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Supply of Bail Orders and Documents. Detenu's Right to Make Effective Representation Violated Under Article 22(5) of Constitution and Maharashtra Prevention of Dangerous Activities Act, 1981.

1 Jul 2022

The petitioner, Ratnamala Mukund Balkhande, filed a criminal writ petition on behalf of her son, Sachin Mukund Balkhande, who was preventively detaine...

High Court

High Court of Bombay at Goa Upholds Assessee's Claim for Section 10B Deduction on Beneficiation of Iron Ore as Manufacturing Activity. The court held that converting raw mined iron ore into Iron Ore Concentrate Fines through beneficiation constitutes 'manufacture' under section 10B of the Income Tax Act, 1961, entitling the assessee to deduction.

9 Dec 2020

The case involves an appeal by the Revenue against the order of the Income Tax Appellate Tribunal (ITAT) which allowed the assessee's claim for deduct...

High Court

Bombay High Court Allows Social Organization to Hold Public Meeting in Nagpur, Directs Police to Grant Permission Without Unreasonable Conditions. The Court upholds the fundamental right to peaceful assembly under Article 19(1)(b) of the Constitution, holding that police cannot refuse permission based on vague law and order apprehensions without specific material.

21 Feb 2020

The petitioners, Bhim Army (Bharat Ekta Mission, Nagpur) and its District President Prafulla Shende, filed a criminal writ petition seeking permission...

Supreme Court

Supreme Court Quashes Review Award in Land Acquisition Case — Review of Award Not Permitted Under Land Acquisition Act, 1894. Section 13A Only Allows Correction of Clerical or Arithmetical Mistakes Within Six Months, Not Substantive Review.

17 Oct 2019

The case pertains to land acquisition proceedings under the Land Acquisition Act, 1894. The appellants' land was acquired by a notification dated 23.0...

High Court

High Court of Bombay at Nagpur Quashes Confiscation of Vehicles and Timber Under Indian Forest Act, 1927 — Lack of Mens Rea and Bona Fide Possession Established. The court held that confiscation under Section 61-A requires proof of intentional violation of the Act, and where the owner had a valid transit pass and permission, the confiscation order was unsustainable.

4 May 2019

The petitioners, Syed Burhan Syed Nabi, Sk. Kadir Sk. Vazir, and Mahendra Anil Madipal, filed a criminal writ petition under Article 226 of the Consti...

High Court

Bombay High Court Quashes Electricity Demand Notice for Violation of Natural Justice. Demand of Rs. 56,03,815.50 set aside as no opportunity of hearing was given before raising the demand under the Electricity Act, 2003.

25 Nov 2005

The petitioner, Twenty First Century Wire Rods Limited, challenged a demand notice dated 22.09.2003 issued by respondent no.3 and the appellate order ...

High Court

Bombay High Court Quashes Criminal Proceedings Against Directors in Food Adulteration Case — Lack of Vicarious Liability Under Section 10 of Prevention of Food Adulteration Act, 1954. Directors Not In Charge of Day-to-Day Business at Relevant Time Cannot Be Prosecuted Without Specific Allegations of Consent or Neglect.

30 Nov -0001

The judgment pertains to two criminal writ petitions filed by directors and a company against criminal proceedings initiated under the Prevention of F...

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