Search Results for "statutory override"

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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 Hears Appeals Against Madras High Court’s Setting Aside of Alien...
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Search Results for "statutory override"

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High Court

Bombay High Court Dismisses Petitions Challenging Land Acquisition for Samruddhi Mahamarg Highway Project — Petitioners' Challenge to Notification Under Section 3D(2) of National Highways Act, 1956 Fails as Court Finds No Violation of Principles of Natural Justice or Arbitrariness. The court held that the declaration under Section 3D(2) is a ministerial act following the hearing under Section 3C, and no further hearing is required.

24 Dec 2025

The judgment concerns a batch of writ petitions filed by landowners challenging the acquisition of their lands for the Samruddhi Mahamarg (Mumbai-Nagp...

Supreme Court

"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

5 Nov 2024

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

Supreme Court

Supreme Court Dismisses Appeal of Trade Union Seeking Reinstatement of Fixed-Term Workmen in Jet Airways. Settlement Between Union and Company Overrides Model Standing Orders Regarding Permanency.

1 Jan 2023

The case involves an appeal by Bharatiya Kamgar Karmachari Mahasangh, a trade union representing 169 workmen temporarily engaged on fixed-term contrac...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Upholds State Transport Authority in Motor Vehicles Act Case on Vehicle Replacement Rule. Kerala Motor Vehicle Rule 174(2)(c) Validated as It Does Not Exceed Section 83 and Serves Public Safety by Prohibiting Older Vehicle Replacements.

17 Feb 2022

The Supreme Court of India addressed a dispute concerning the validity of Rule 174(2)(c) of the Kerala Motor Vehicle Rules, 1989, which allows the tra...

High Court

Bombay High Court Pronounces Judgment in Batch of Writ Petitions Challenging Constitutional Validity of Section 295 Amendment and Demand for Unearned Income Under Maharashtra Land Revenue Code. The Lead Petition Involved Assignment of Leasehold Rights and a Demand of Over Rs. 94 Crores, With the Petitioners Alleging the Retrospective Amendment Violated Articles 14 and 19(1)(g).

3 May 2018

The judgment pertained to a batch of four writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, Ordinary O...

High Court

Bombay High Court Allows Writ Petition for 100% TDR in Road Construction Case — Municipal Circular Cannot Override Statutory Provisions Under MRTP Act and DCR. The court directed grant of 100% Transfer of Development Rights for construction of a D.P. Road, following the Supreme Court's decision in Godrej and Boyce.

22 Apr 2014

The petitioner, Natvar Parikh & Co. Pvt. Ltd., a company in the business of construction and development, filed a writ petition seeking direction to t...

High Court

Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

10 Jun 2013

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

High Court

Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

30 Nov -0001

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

Supreme Court

Supreme Court Dismisses Revenue Appeal in Income Tax Limitation Case Under Section 144C. Nagarathna J. Holds That Section 144C Does Not Extend Limitation Under Section 153 of Income Tax Act, 1961.

1 Jan 1970

This separate opinion by Nagarathna J. arises from civil appeals filed by the Revenue against a common order of the Bombay High Court. The High Court ...

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