Search Results for "advisory 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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "advisory jurisdiction"

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High Court

Bombay High Court Dismisses Developer's Interim Injunction Application in Redevelopment Dispute and Holds Civil Suit Not Barred by Section 91 of Maharashtra Co-operative Societies Act, 1960. Developer's Claim for Specific Performance of Development Agreement Against Co-operative Housing Society Held Maintainable as Developer Is Not a Member Under Section 91, and Transaction Not Subject to Restrictions Under Sections 43, 44, or 45.

13 Jul 2016

The suit was filed by a partnership firm of developers, Maya Developers, against the Azad Co-operative Housing Society Ltd. and its members, seeking s...

High Court

Bombay High Court Dismisses Revenue's Appeal in Transfer Pricing Case, Upholds Tribunal's Selection of Comparables. The Court held that the Tribunal's exclusion and inclusion of comparables based on functional analysis was correct and did not give rise to a substantial question of law under Section 260A of the Income Tax Act, 1961.

12 Sep 2022

The appeal was filed by the Pr. Commissioner of Income Tax-3 under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appel...

High Court

Bombay High Court Quashes Suspension of Sonologist in PCPNDT Act Case — Report Signed by Hospital Owner Instead of Sonologist Not a Violation. The court held that signing of sonography reports by the hospital owner who is a qualified gynecologist does not contravene the PCPNDT Act, 1994, as the Act does not mandate that the report must be signed only by the sonologist who performed the scan.

21 Dec 2016

The petitioners, Dr. Rajender Amirchand Sujanyal (a gynecologist and owner of Stree Hospital) and Dr. Shripad Krishna Inamdar (a visiting sonologist),...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Violation of Section 3(2) Proviso — Initial Detention Cannot Exceed Six Months. The court held that the proviso to Section 3(2) of the MPDA Act mandates an initial detention period of only six months, and a 12-month initial order is illegal.

3 Apr 2023

The petitioner, Himanshu Roy, challenged a detention order passed by the Commissioner of Police, Nagpur, on 30 July 2022, confirmed by the State of Ma...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Material to Show Public Order Threat. The court held that mere criminal antecedents without evidence of public disturbance do not justify preventive detention under Section 3(1) of the MPDA Act.

20 Jun 2018

The petitioner, Nikki @ Kawa s/o Suresh Khare, challenged an order of detention passed by the Commissioner of Police, Nagpur City on 29 January 2018 u...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

14 Mar 2018

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

23 Nov 2017

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...

High Court

Bombay High Court Quashes Preventive Detention Order for Failure to Record Imminent Possibility of Bail Under Maharashtra Prevention of Dangerous Activities Act, 1981. Detaining Authority's Observation of Future Possibility of Bail Does Not Meet the Requirement of Subjective Satisfaction That Release Was Imminent, Vitiating the Detention Order.

22 Aug 2017

The petitioner, Shri Suraj Ram Gaikwad, challenged by writ petition under Article 226 of the Constitution the preventive detention order dated 8 Febru...

High Court

High Court of Karnataka Quashes Preventive Detention Order in Habeas Corpus Petition — Failure to Consider Less Restrictive Alternatives Under Karnataka Prevention of Dangerous Activities Act, 1985. Detenu's History of Criminal Cases Does Not Justify Preventive Detention When Bail Was Granted in Most Cases and No Material Shows Inadequacy of Regular Law.

7 Dec 2023

The petitioner, Mohammad Shafiulla, father of the detenu Roshan Jameer @ Jameer @ Jammu, filed a habeas corpus petition under Article 226 of the Const...

Supreme Court

Supreme Court Quashes Preventive Detention Order in Telangana Offenders Act Case — Lack of Proximate Link Between Past Crimes and Public Order Disturbance. Single Pending Murder Case Insufficient to Justify 'Goonda' Detention When Bail Already Granted and No Charge-Sheet Filed.

18 Dec 2019

The Supreme Court allowed the appeal and quashed the preventive detention order against Khaja Bilal Ahmed, who was detained under the Telangana Preven...

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