Search Results for "non-compliance"

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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 "non-compliance"

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High Court

Bombay High Court Allows Appeal in MOFA Act Dispute Over Carpet Area Representation — Interim Injunction Granted to Protect Purchaser's Rights Pending Trial. The court held that the purchaser had made out a prima facie case and balance of convenience favoured grant of injunction to protect the subject matter of the suit under the Maharashtra Ownership of Flats Act, 1963.

11 Dec 2013

The appellants, Mrs. Sarika Paresh Mehta and Mr. Paresh Ratilal Mehta, original plaintiffs, entered into an agreement with the respondent, ERA Realtor...

High Court

Bombay High Court Dismisses Workman's Petition Challenging Industrial Court's Order Dismissing Complaint for Non-Implementation of Award. Delay of 4½ years in filing complaint under MRTU & PULP Act, 1971 held fatal as no sufficient cause shown.

11 Dec 2013

The petitioner, Kashinath Parvati Labade, was a workman employed with the Department of Social Forestry, Maharashtra. He was allegedly illegally termi...

High Court

Bombay High Court Allows Writ Petition Challenging Ex-Parte Removal of Sarpanch Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 — Violation of Natural Justice. Failure to Provide Opportunity of Hearing Before Removal Renders Order Unsustainable.

4 Dec 2013

The petitioner, Sunil Daulat Patil, was the Sarpanch of Gram Panchayat Tambole, Taluka Chalisgaon, District Jalgaon. Respondent No. 5, Digambar Bhagwa...

High Court

Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

18 Oct 2013

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

High Court

Bombay High Court Dismisses BMC Appeal in Property Tax Rateable Value Dispute — Upholds Small Causes Court Order Setting Aside Enhancement for Non-Compliance with MMC Act Sections 162(2) and 167. Notice of Enhancement Not Properly Served and No Personal Hearing Given, Violating Principles of Natural Justice.

8 Oct 2013

The case involves an appeal by the Brihanmumbai Mahanagarpalika (BMC) against a judgment of the Court of Small Causes at Mumbai in Municipal Appeal No...

High Court

Bombay High Court Dismisses Petition Challenging Invalidation of OBC Caste Certificate in Zilla Parishad Election Case. Caste Claim of Momin Community Rejected Due to Lack of Documentary Evidence and Inconsistent School Records Under Maharashtra Act 23 of 2001.

4 Oct 2013

The petitioner, Nahidabano Pathan, challenged the order dated 19 July 2013 of the Divisional Caste Certificate Scrutiny Committee, Aurangabad, which i...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Reassessment Based on Mere Change of Opinion Invalid. The court held that the Assessing Officer's acceptance of the return under Section 143(1) after considering the Section 10A deduction claim precludes reopening without fresh tangible material.

16 Sep 2013

The petitioner, Sitara Diamond Pvt. Ltd., challenged a notice dated 3 May 2012 issued under Section 148 of the Income Tax Act, 1961, seeking to reasse...

High Court

Bombay High Court Allows Furlough to Life Convict in Furlough Rejection Case — Nature of Offence Not a Valid Ground for Denial Under Prisons (Bombay Furlough and Parole) Rules, 1959. Furlough is a right, not a privilege, and cannot be denied solely because the prisoner was convicted under Section 366 IPC.

4 Sep 2013

The petitioner, Subhash Hiralal Bhosale, was convicted under Sections 376(2), 366, 342, 506(II) read with 120(B) of the Indian Penal Code and sentence...

High Court

Bombay High Court Sets Aside Contempt Order Against Municipal Officers for Alleged Breach of Injunction — Demolition Without Notice Not Contempt. The court held that uncommunicated order cannot be basis for contempt under Mumbai Municipal Corporation Act, 1888, and that the plaintiff had suppressed the fact of prior demolition.

2 Sep 2013

The appeal arose from an order dated 5 February 2005 passed by the City Civil Court, Bombay, which held three officers of the Municipal Corporation of...

High Court

Bombay High Court Dismisses Tenants' Petition Challenging Inspection Order Under Section 28 of Maharashtra Rent Act. Landlord's Application for Measurement of Tenanted Premises Allowed to Ascertain Area for Reconstruction Undertaking Under Section 16(6)(d).

23 Aug 2013

The petitioners, tenants of suit premises, challenged an order passed by the Judge, Small Causes Court, Bombay, allowing the respondent landlord's app...

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