Search Results for "Arbitrary Refusal"

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Search Results for "Arbitrary Refusal"

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High Court

Bombay High Court Dismisses Petition by Housing Society Challenging Orders Under Section 23(2) of Maharashtra Co-operative Societies Act, 1960. Society's refusal to admit purchaser as member and issue NOC for plot transfer was set aside as applicant fulfilled all eligibility criteria.

18 Sep 2025

The petitioner, The Ichalkaranji Ex-serviceman Housing Society Limited, challenged an order dated 11.02.2025 passed by the Divisional Joint Registrar,...

High Court

Bombay High Court Grants Bail to Accused in Murder Case Due to Long Incarceration and Speedy Trial Violation. Right to Personal Liberty Under Article 21 Prevails Over Gravity of Offence in Circumstantial Evidence Case Based on Last Seen Theory.

7 Feb 2025

The applicant, Santosh Pralhad Waghmare, was arrested on 26 March 2017 in connection with C.R. No.76 of 2017 registered at Hill Line Police Station fo...

High Court

Bombay High Court Grants Bail to Accused in Extortion Case Due to Long Incarceration and Snail-Paced Trial. Delay in FIR and Lack of Evidence Weaken Prosecution Case Under Sections 364-A, 384, 385, 386, 387 IPC and Sections 3, 25 Arms Act.

7 Feb 2025

The applicant, Mohammad Khalid Mukhtar Ahmed Shaikh, was accused No.1 in C.R. No.312 of 2020 registered with Bhiwandi City Police Station for offences...

High Court

Bombay High Court Allows Passport Renewal for Accused in SC/ST Act Case Without Court Permission — Section 6(2)(f) of Passports Act, 1967 Not Attracted When Criminal Case is Pending but No Warrant or Restraint Order Exists. The court held that mere pendency of a criminal case does not justify refusal of passport renewal under Section 6(2)(f) of the Passports Act, 1967, in the absence of any order from the criminal court restraining the applicant from traveling abroad.

15 Apr 2024

The petitioner, Elliyas Mohammad Gause Momin, filed a writ petition before the Bombay High Court challenging the refusal of the Regional Passport Offi...

High Court

Bombay High Court Directs Issuance of Fresh Passport Despite Pending Criminal Proceedings — Passport Authority Cannot Refuse Renewal Solely on Ground of Pendency of Criminal Case Without Final Conviction. The court held that Section 6(2)(f) of the Passport Act, 1967 applies only after conviction, not during pendency of proceedings, and directed issuance of passport within four weeks subject to undertaking.

8 Apr 2024

The petitioner, Cyrus Keki Balsara, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the Regional Passport ...

High Court

Bombay High Court Allows Writ Petition of Assistant Teacher Seeking Confirmation of Services - Education Department's Repeated Refusal to Grant Approval Set Aside. The court held that the Department's order was unsustainable as it failed to consider the documents produced and the earlier direction for de novo consideration under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

1 Aug 2023

The petitioner, Mrunal Mandar Joshi, an assistant teacher employed at Tilak Nagar Vidya Mandir School run by Tilak Nagar Shikshan Prasarak Mandal, fil...

High Court

Bombay High Court at Goa Quashes Refusal of Technical Clearance for Construction in Settlement Zone — Conversion Sanad Not Required for Non-Agricultural Use in Settlement Zone Under Goa Land Use Regulations. The Court held that once property is zoned as 'settlement' in the Regional Plan, the conversion sanad is not necessary for construction, and refusal on that ground is unsustainable.

9 Dec 2021

The petitioner, Rajendra Gadge, filed a writ petition challenging the order dated 23.08.2018 passed by respondent no.2, the Deputy Town Planner, refus...

High Court

Bombay High Court at Goa Allows Writ Petition Challenging Panchayat's Refusal to Renew Construction Licence — Held that Panchayat Cannot Sit in Appeal Over GCZMA's Determination of High Tide Line and No-Development Zone.

29 Jan 2021

The petitioners, four individuals, purchased a piece of land adjacent to the seacoast in Goa and sought to construct structures. They obtained approva...

High Court

Bombay High Court Allows Petitions for Performance Licence in Eating Houses Under Bombay Police Act, 1951 — Licensing Authority Cannot Refuse Licence Based on Unsubstantiated Moral Grounds. The court held that refusal to grant performance licence under Rule 100 of 1999 Rules on the ground of likely immoral activities without specific evidence is arbitrary and violative of Article 14.

11 Jan 2012

The petitioners, Shri Ramesh S. Alva and Omprakash Nanikaram Vaswani, are proprietors of eating houses in Navi Mumbai, holding valid licences under Se...

High Court

Bombay High Court Allows Letters Patent Appeal in Cooperative Housing Society Dispute — Maintainability Upheld as Dispute Not Between Landlord and Tenant. The Court distinguished the Supreme Court's ruling in Shalini Shyam Shetty v. Rajendra Shankar Patil, holding that the bar on Letters Patent Appeals under Article 227 applies only to landlord-tenant disputes under the Rent Control Act, 1999.

28 Oct 2010

The appellant, Ramchandra Krushnarao Pitale, an 87-year-old pensioner, filed a Letters Patent Appeal against the judgment and order dated 15.6.2009 pa...

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