Search Results for "alternative procedures"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "alternative procedures"

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High Court

Bombay High Court Dismisses Petitioner's Challenge to TDS Demand in Trademark Acquisition Case Due to Alternate Remedy. Court holds that the writ petition under Article 226 is not maintainable when an efficacious remedy of appeal under Section 253 of the Income-tax Act, 1961 is available, without adjudicating on the merits of the territoriality principle or limitation.

23 Sep 2024

The petitioner, Hindustan Unilever Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 23 August 202...

High Court

Bombay High Court Upholds Validity of Incentive FSI for Redevelopment of Cessed Buildings in Mumbai — Directs Strict Compliance with Safety and Environmental Norms. The court held that DCR 33(7) is valid but must be implemented with safeguards to prevent urban disruption and protect the right to life under Article 21.

17 Oct 2005

The judgment arises from a writ petition filed by three citizens of Mumbai challenging the validity of Development Control Regulation 33(7) which gran...

High Court

Madras High Court Dismisses Appeal by Forest Dwellers in Forest Rights Act Case — Upholds Rejection of Claims Due to Lack of Evidence of Continuous Occupation Prior to 2005. The court held that the burden of proof lies on claimants under Section 3(1) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and that the writ petition was not maintainable as an alternative remedy of appeal under Section 8 was available.

10 Mar 2026

The appellants, 21 individuals claiming to be forest dwellers, filed a writ petition before the Madras High Court challenging an order dated 10.03.202...

High Court

Bombay High Court Upholds Maintainability of Writ Petition Under Article 226 Against NGT Orders, Rejects Absolute Bar Under Section 18 of NGT Act. The court held that the National Green Tribunal is a tribunal, not a court, and its orders are amenable to writ jurisdiction, and that the remedy of appeal to the Supreme Court does not oust the High Court's power of judicial review.

21 Sep 2022

The Goa Foundation, an environmental NGO, filed a Public Interest Litigation (PIL) before the Bombay High Court challenging the constitutional validit...

High Court

Bombay High Court Allows Writ Petitions Challenging Passport Impounding Orders — Violation of Natural Justice. Impounding under Section 10(3)(e) of Passports Act, 1967 set aside as no show cause notice or hearing was given.

4 May 2026

The judgment concerns two writ petitions filed by individuals whose passports were impounded by the Passport Authority under Section 10(3)(e) of the P...

Supreme Court

Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

6 Mar 2025

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

Supreme Court

Supreme Court Clarifies High Court's Writ Jurisdiction Over Armed Forces Tribunal Orders in Service Matters. The court held that orders of the Armed Forces Tribunal are amenable to challenge under Article 226 of the Constitution, as judicial review is part of the basic structure and Section 14 of the Armed Forces Tribunal Act, 2007 saves such jurisdiction, ensuring litigants have access to justice where alternative appeals are limited.

21 Mar 2023

The judgment addressed a legal conundrum regarding the amenability of Armed Forces Tribunal orders to challenge under Article 226 of the Constitution ...

High Court

Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

8 Apr 2014

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...

Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Proceedings. The Court upheld the validity of the NIA's takeover of investigation and the sanction order under Section 45(2) UAPA, finding that the timeline for independent review is directory and the cognizance order was based on prima facie material.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

High Court

Bombay High Court Quashes One-Time Spectrum Charge on Cellular Operators for Spectrum Beyond 6.2 MHz, Holding No Statutory Power Under Telegraph Act, 1885 to Impose Retrospective Charges

8 Jun 2026

The case involved a writ petition filed by major cellular mobile service operators, Bharti Airtel Limited and Vodafone Idea Limited, challenging the i...

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