Search Results for "Representation disposal"

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Bombay High Court Upholds Compulsory Retirement of Judicial Officer for Lack of Integrity and Efficiency. Rule 10(4)(a)(i) of Maharashtra Civil Services (Pension) Rules, 1982 applied to prematurely retire a District Judge based on adverse entries and overall performance record.

The petitioner, Ashokkumar Hiralal Lohiya, was a judicial officer who joined the judiciary as a Civil Judge, Junior Division in 1978 and was promoted ...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Verification of In-Camera Statements. Failure to Verify Secret Statements Renders Subjective Satisfaction Invalid, Making Detention Order Unsustainable.

The petitioner, brother of the detenu Dipak alias D. Baba Kashinath Kamble, challenged a detention order dated 7 August 2015 issued by the Commissione...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay in Execution and Consideration of Representation. Delay of Over Five Months in Executing Detention Order and Three Months in Considering Representation Violates Article 22(5) of Constitution and Section 3(1) of COFEPOSA Act.

The petitioner, a friend of the detenu Mohd. Kunhi Kallattra, challenged a detention order dated 28.2.2002 issued by the Secretary (Preventive Detenti...

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Bombay High Court Dismisses Borrower's Challenge to DRAT Order in SARFAESI Act Possession Dispute — Possession Notice Valid but Sale Notice Invalid. Bank Permitted to Proceed from Stage of Rule 8(5) of Security Interest (Enforcement) Rules, 2002.

The petitioners, M/s. Clarity Gold Pvt. Ltd. (borrower) and Mrs. Ganga Devi Gupta (guarantor and mortgagor), challenged an order of the Debts Recovery...

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Madras High Court Directs Consideration of Representation in Temple Land Encroachment Case — Non-consideration by Statutory Authority Amounts to Dereliction of Duty Under Article 226 of Constitution of India.

The petitioner, V. Chinnaiya, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court s...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Due to Non-Placement of Vital Bail Order. The court held that failure to place the detailed bail order before the Detaining Authority vitiated the subjective satisfaction under Section 3(1) of COFEPOSA.

The petitioner, Shobha Dattatray Bodake, filed a writ petition under Article 226 of the Constitution of India challenging the preventive detention ord...

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High Court Dismisses Appeal Against Winding-Up Order in Bond Default Case; Upholds Adverse Remarks Against Directors for Fund Diversion. Company Found Unable to Pay Debts and Substratum Lost, Justifying Winding Up Under Sections 433(e) and 433(f) of Companies Act, 1956.

The appeal arose from a winding-up order passed by the learned company Judge against Zenith Infotech Limited (the appellant) in a petition filed by Th...