Search Results for "ministerial proceedings"

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Upholding Procedural Validity in SARFAESI Proceedings. "Reaffirming the ministerial role of courts under Section 14 of the SARFAESI Act."

The Bombay High Court, examined procedural aspects under the SARFAESI Act concerning the non-compliance with the requirements of Section 13(2) and Sec...

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Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...

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Bombay High Court Allows Petition Against IPAB Order for Violation of Natural Justice in Patent Pre-Grant Opposition. Pre-grant opponent not heard before allowing patent appeal, order set aside and matter remanded.

The petitioner, Dhaval Diyora, filed a pre-grant opposition under Section 25(1) of the Patents Act, 1970 against the patent application of Respondent ...

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Bombay High Court Quashes MHADA Order Refusing Commencement Certificate Based on Ministerial Assurance. Ministerial Assurance Cannot Override Statutory Provisions Under Maharashtra Housing and Area Development Act, 1976.

The petitioner, Rustomjee Realty Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the...

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Bombay High Court Dismisses Challenge to Land Acquisition Notification for Pune Ring Road Project — Public Purpose and Compliance with Section 4 of Land Acquisition Act, 1894 Upheld. Petitioners Failed to Show Any Violation of Statutory Provisions or Fundamental Rights.

The judgment concerns two writ petitions filed by Shankar Dabhade and others, and Raghunath Sudam Dabhade and others, challenging a notification dated...

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High Court of Karnataka Dismisses Petition to Quash Corruption Case Against Judicial Officer. Sanction for Prosecution Under Section 19 of Prevention of Corruption Act, 1988 is Not Required at FIR Stage.

The petitioner, Sharanappa, a judicial officer in the cadre of Senior Civil Judge, was under suspension on allegations of demanding and accepting a br...

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Bombay High Court Dismisses Appeal Against Arbitral Award — Time Limit in Consent Order Held Directory, Not Mandatory. Arbitrator's Mandate Did Not Terminate Automatically Upon Expiry of Four-Month Period Under Section 14 of Arbitration and Conciliation Act, 1996.

The appeal arose from an order of a Single Judge dismissing a petition challenging an arbitral award dated 31.3.2004. The dispute originated from Suit...