Search Results for "reasonable notice"

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Search Results for "reasonable notice"

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Supreme Court

Supreme Court Upholds Suit Maintainability in Land Declaration Dispute After Finding Notice Under Section 80 CPC by Karta Sufficient for Divided Coparceners. Karta’s Notice Given While Family Joint Held to Enure for Benefit of All Coparceners Despite Subsequent Partition, as Substantial Identity Existed Between Notice-Giver and Plaintiffs under Section 80 of Code of Civil Procedure, 1908.

11 Mar 1969

The dispute arose from a declaratory suit filed by Beohar Rajendra Sinha and his three grandsons against the State of Madhya Pradesh seeking a declara...

High Court

High Court Quashes Show Cause Notice in Tenancy Act Case Due to Unreasonable Delay and Lack of Jurisdiction. Notice Issued After 14 Years Regarding Land Transactions Was Barred as Statutory Power Must Be Exercised Within Reasonable Time Under Sections 63 and 84C of Bombay Tenancy and Agricultural Lands Act, 1948.

21 Jan 2026

The petitioners, constrained to approach the High Court under Article 226 of the Constitution of India, challenged a show cause notice dated 12.12.201...

High Court

Bombay High Court Quashes Process Against Petitioner in MRTP Act Violation for Non-Restoration of Toilet Block — Notice Not Served to Petitioner as Required Under Section 53(1)(7) of Maharashtra Regional and Town Planning Act, 1966. The court held that the requirement of notice is a condition precedent for prosecution, and without it, the process against the petitioner is not maintainable.

10 Feb 2005

The petitioner, D.N. Punamiya, challenged the issuance of process against him by the learned Metropolitan Magistrate, 41st Court, Mumbai, in Criminal ...

High Court

Bombay High Court Quashes Show Cause Notice in Customs Case Due to 24-Year Delay in Adjudication. Inordinate delay in adjudication of show cause notice under Section 28 of Customs Act, 1962 renders it stale and liable to be quashed as abuse of process.

4 Aug 2022

The petitioners, Rachana Garments Pvt. Ltd. and its director Dinesh Kumar Bhartiya, challenged a show cause notice dated 27 June 1997 issued by the Co...

High Court

Bombay High Court Quashes Show Cause Notice Due to 12-Year Delay in Adjudication — Principles of Timely Adjudication Under Service Tax Law. Inordinate delay and corporate restructuring rendered adjudication futile, leading to quashing of show cause notice under Article 226.

22 Aug 2023

The petitioner, IDFC First Bank Ltd., filed a writ petition under Article 226 of the Constitution of India seeking quashing of a show cause notice dat...

High Court

High Court of Judicature at Bombay hears writ petition against order rejecting preliminary objection to show cause notice under Section 49(3) of FEMA – Petitioners challenge validity of notice on limitation ground. Interpretation of 'take notice' in Section 49(3) in light of Rule 3 of Adjudication Proceedings and Appeal Rules, 1974 is central.

16 Dec 2010

The dispute arose from a show cause notice issued by the Assistant Director, Enforcement Directorate on 31 May 2002, calling upon Star India Private L...

High Court

Bombay High Court Quashes Demolition Notice Against Tenants in Municipal Corporation Dispute — Notice Issued Without Hearing Tenants Violates Principles of Natural Justice. Section 264(1) of Maharashtra Municipal Corporations Act, 1949 Requires Notice to Occupants Before Demolition.

17 Mar 2023

The petitioners, who are tenants of various shops in a building owned by the respondent no. 3 (since deceased), challenged a notice dated 05.03.2021 i...

High Court

Bombay High Court Hears Appeal from Order Refusing Temporary Injunction in Demolition Notice Case Under Section 354A of Mumbai Municipal Corporation Act, 1888. Appellants Contend That Notice Was Not Served and Lacked Specific Description, While Impugned Order Found Demolition Already Carried Out Above Fifth Floor.

9 Jun 2025

The Bombay High Court heard an appeal from an order refusing temporary injunction in a suit challenging a demolition notice issued by the Municipal Co...

High Court

Bombay High Court Quashes Show Cause Notice in Customs Duty Demand Case Due to Inordinate Delay — 9-Year Delay in Adjudication Violates Principles of Natural Justice and Is Oppressive Under Customs Act, 1962.

24 Nov 2022

The petitioner, Eastern Agencies Aromatics (P) Ltd., a company registered under the Companies Act, 1956, filed a writ petition challenging a Show Caus...

High Court

Bombay High Court Allows Second Appeal in PMC Compound Wall Demolition Case — Construction Prior to Inclusion in Municipal Limits Not Subject to Section 478 Notice. Notice under Section 478 of BPMC Act, 1949 cannot be issued for a wall constructed before property came within municipal limits; alternatively, such notice cannot be construed as one under Section 260.

19 Oct 2011

The appellant, Ninad Sah. Gruharachana Sanstha Mydt., owned a property in Pune. In 1969, before the property was included within the limits of the Pun...

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