Search Results for "exceeding jurisdiction"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "exceeding jurisdiction"

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High Court

Bombay High Court Quashes Process Against Directors in Food Safety Act Case — Lack of Vicarious Liability. Directors cannot be held liable under the Food Safety and Standards Act, 2006 without specific averments of their role in the offence.

5 Mar 2024

The petitioners, including a company and its erstwhile directors, challenged an order of the Additional Sessions Judge, Sangli, which dismissed their ...

High Court

Bombay High Court Quashes Chief Minister's Stay on Co-operative Bank Recruitment — Chief Minister Lacks Statutory Power Under MCS Act to Interfere in Autonomous Bank's Internal Management.

3 Mar 2023

The petitioners, Chandrapur District Central Co-operative Bank Ltd. and its Chairman, challenged the order dated 29.11.2022 passed by the Chief Minist...

High Court

Bombay High Court Quashes LBT Assessment Orders for Violation of Natural Justice and Lack of Jurisdiction. Assessment Orders Passed Without Proper Show Cause Notice and Without Considering Objections Violate Principles of Natural Justice Under Maharashtra Municipal Corporation Act.

10 Aug 2023

The petitioner, Kokuyo Camlin Ltd., filed two writ petitions under Article 226 of the Constitution of India challenging two assessment orders dated 13...

High Court

Bombay High Court Quashes Reassessment Notice in Income Tax Case for Lack of Fresh Material. Reopening of Assessment Under Section 147 of Income Tax Act, 1961 Invalid When Based on Same Material Already Considered in Original Assessment.

25 Aug 2023

The petitioner, Siemens Financial Services Pvt Ltd, a Non-Banking Finance Company registered with RBI, filed its return of income for Assessment Year ...

High Court

Bombay High Court Quashes Chargesheet Against Retired Professor in University Departmental Enquiry — Delay and Lack of Sanction Render Proceedings Invalid. Post-retirement disciplinary proceedings initiated after superannuation without prior sanction under Maharashtra Civil Services (Pension) Rules, 1982, and with inordinate delay, are unsustainable.

18 Jan 2022

The petitioner, Dr. Dipak Vishwnathrao Muley, a retired Professor of Shivaji University, Kolhapur, challenged a chargesheet dated 28 August 2018 issue...

High Court

Bombay High Court Allows Writ Petition Challenging Delay in Issuance of Final Judgment Under Section 6 of Maharashtra Private Forest (Acquisition) Act, 1975 — Directs Collector to Issue Judgment Without Requiring Prior Approval Under Forest (Conservation) Act, 1980. The court held that the Collector's insistence on prior approval under Section 2 of the Forest (Conservation) Act, 1980 was erroneous as the lands had already vested under the state acquisition law, and the issuance of the final judgment was a ministerial act.

15 Mar 2022

The petitioners, Sankalp Resorts Private Limited and Emerald Acres Private Limited, filed a writ petition before the Bombay High Court seeking a direc...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

High Court

Bombay High Court Allows Bail Under Section 436-A CrPC to Convict in Pending Appeal — Mandatory Provision Overrides Section 389 CrPC Restrictions. Section 436-A CrPC Held Mandatory and Not Subject to Section 389 CrPC; Detention Period Includes Pre- and Post-Conviction Detention; Maximum Sentence for Computation is Maximum Imposable Sentence.

28 Aug 2020

The applicant, Maksud Sheikh Gaffur Sheikh, was convicted by the Additional Sessions Judge-4, Chandrapur on 01.08.2016 in Session Trial No.22 of 2015 ...

High Court

Bombay High Court Strikes Down LIC Circular Imposing Assignment Charge on Finance Organizations as Ultra Vires Section 38 of Insurance Act, 1938. The court held that LIC cannot impose a charge on assignments of life insurance policies in favor of finance companies as it amounts to a restriction on the statutory right of assignment under Section 38.

19 May 2010

The petitioners, Dravya Finance Pvt. Ltd. (a Non-Banking Finance Company) and its director Hasmukh Rawal, challenged a Circular dated 24.4.2006 issued...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Orders on Limitation Act Applicability to RDDBFI Act Appeals. Court Holds Section 5 of Limitation Act Applies to Appeals Under Section 30 of RDDBFI Act, Rejecting Petitioners' Argument That Special Statute Excludes Limitation Act.

13 Oct 2011

The petitioners, owners of apartments in Jupiter Complex, Nagpur, challenged orders of the Debts Recovery Tribunal (DRT) and Debts Recovery Appellate ...

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