Search Results for "Government Resolution cannot override regulation"

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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...
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Search Results for "Government Resolution cannot override regulation"

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High Court

Bombay High Court Allows Resolution Professional to Continue CIRP Under IBC Despite Pending Winding-Up Petition Under Companies Act, 1956. Leave under Section 446 of Companies Act, 1956 granted to proceed with Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016.

2 Nov 2018

The judgment concerns Company Application No. 10 of 2017 filed by the Resolution Professional of Murli Industries Limited (the corporate debtor) under...

High Court

Bombay High Court Allows Reemployment of Head Master Beyond Superannuation in Minority Institution - Government Circular Cannot Override Statutory Rules Under MEPS Act, 1977. The Court held that a Government circular requiring prior approval for reemployment beyond superannuation cannot override the statutory provisions of the MEPS Act and Rules, which do not impose such a condition for minority institutions.

27 Mar 2014

The petitioners, Syed Ishaque Syed Nabi (Head Master) and Shah Babu Education Society (a minority educational institution), challenged the refusal of ...

High Court

Bombay High Court Hears Challenge to ONGC Promotion Regulations and Supercession of Scheduled Caste Employee. The court examines whether the arbitrary change in promotion criteria without amending the Modified Recruitment and Promotion Regulations, 1980, violates the statutory scheme and results in unjust supercession of the SC employee.

22 Sep 2017

The judgment arose from four writ petitions filed by employees of the Oil and Natural Gas Corporation Limited (ONGC) challenging their supercession in...

High Court

Bombay High Court Addresses Jurisdictional Clash Between Forward Markets Commission and Central Electricity Regulatory Commission Over Electricity Futures Trading. The Court Considered Whether the Electricity Act, 2003 Overrides the Forward Contracts (Regulation) Act, 1952, and Whether the Power Market Regulations 2010 Framed by CERC Were Ultra Vires.

7 Feb 2011

The matter involved two writ petitions being heard together by the Bombay High Court, arising from a jurisdictional conflict between two regulatory bo...

High Court

Bombay High Court Holds Civil Court Cannot Regularise Encroachment on Forest Land in Contravention of Forest (Conservation) Act, 1980 — Government Resolution of 1979 Cannot Override Section 2 of the Act.

17 Jan 2013

This is a reference made by the Joint Civil Judge, Junior Division, Kannad under Section 113 of the Code of Civil Procedure, 1908, seeking answers to ...

Supreme Court

Supreme Court Upholds Council of Architecture's Authority Over AICTE in Architectural Education Matters — Conflict Between Two Regulatory Bodies Resolved in Favor of Special Statute. The Court held that the Architects Act, 1972, being a special statute, prevails over the general AICTE Act, 1987, in matters of approval and regulation of architectural institutions.

8 Nov 2019

The case involves a conflict between two regulatory bodies: the All India Council for Technical Education (AICTE) and the Council of Architecture (CoA...

Supreme Court

Supreme Court Dismisses Appeals by Both Company and Board, Upholding High Court's Direction for Fresh Consideration of All Relevant Acts Under Section 326 of Companies Act, 1956. The Court Ruled that the Power is Quasi-Judicial and Subject to Judicial Review if Irrelevant or Incomplete Material is Relied Upon, and Past and Present Conduct Must Both Be Weighed in Determining Fitness of Managing Agent.

2 Sep 1969

The Rampur Distillery Company Ltd. had appointed Govan Brothers as its managing agent in 1943, with tenures extended from time to time under the Compa...

Supreme Court

Supreme Court Dismisses Appeal of Direct Recruits in Forest Service Seniority Dispute Upholding Promotees' Seniority. Statutory Recruitment Rules Under Article 309 Prevail Over Administrative Resolution, Excluding Training Period from Service Computation for Promotion to Divisional Forest Officer Under 1984 and 1998 Rules.

15 Mar 2023

The dispute arose between direct recruits and promotees to the post of Assistant Conservator of Forest (ACF) in Maharashtra regarding seniority fixati...

High Court

Bombay High Court Examines Challenge to Government Resolutions Granting Protection to Employees with False Tribe Certificates. Petitioners Argue That Such Resolutions Violate Constitutional Provisions and Statutory Mandate Regarding Withdrawal of Benefits Obtained Through False Certificates.

11 Nov 2014

The petitioner, an advocate and president of the Tribal Rights Protection Committee, filed a writ petition before the Bombay High Court challenging th...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case — Lease Rights and Statutory Compliance Under IBC and MMC Act Upheld. The Court held that MCGM's written submissions indicating acceptance of the plan constituted consent, and the plan did not violate the MMC Act or the IBC timeline.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the order of th...

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