Search Results for "invalid detention order"

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Bombay High Court Upholds School Tribunal's Power to Set Aside Termination but Remands for Fresh Enquiry in Teacher Misconduct Case. Management's Challenge to Tribunal's Order Partly Allowed; Teacher's Cross-Petition for Reinstatement Dismissed.

The judgment arises from two cross-petitions: one by the management (Shri A.P.D. Jain Pathshala and Walchand College of Arts & Science) challenging th...

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Bombay High Court Allows Habeas Corpus Petition for Detenu Under COFEPOSA — Detention Order Quashed for Non-Compliance with Section 3(1) and Procedural Violations. Failure to Supply Relevant Documents and Consider Representation Renders Preventive Detention Invalid.

The petitioner, Valy D'Costa, filed a habeas corpus petition challenging his detention under Section 3(1) of the Conservation of Foreign Exchange and ...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...