Search Results for "procedural safeguards"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "procedural safeguards"

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High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Reassessment Case — Notice Under Section 148A(b) Invalid as No Proper Opportunity of Hearing Was Afforded to Assessee. The Court upheld the Single Judge's order quashing reassessment proceedings for non-compliance with procedural requirements under Section 148A of the Income Tax Act, 1961.

22 Jan 2025

The case involves an intra-court appeal filed by the Revenue (Income Tax Department) against an order of a learned Single Judge of the Karnataka High ...

High Court

Bombay High Court Quashes NGT Directions Against Hikal Ltd. in Gas Leak Case — Tribunal Exceeded Jurisdiction by Issuing Directions Without Proper Notice and Hearing. The Court held that the NGT's suo motu proceedings and subsequent orders directing closure and compensation violated principles of natural justice and the procedural requirements under the National Green Tribunal Act, 2010.

22 Feb 2024

The petitioner, Hikal Ltd., a chemical manufacturing company, challenged the orders of the National Green Tribunal (NGT) dated 18th January 2022 and 2...

High Court

Bombay High Court Allows Second Appeals in Trust Dispute Over Change Reports — Remands Matter for Fresh Consideration on Merits. Court holds that the Joint Charity Commissioner failed to exercise jurisdiction under Section 41D of the Maharashtra Public Trusts Act, 1950 by not adjudicating the validity of the rival change reports and instead dismissing them on procedural grounds.

3 May 2023

The present appeals arise out of a decision of the Joint Charity Commissioner, Nagpur, allowing Change Report No.1176 of 2003 and rejecting Change Rep...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Violation of Section 3(2) Proviso — Initial Detention Cannot Exceed Six Months. The court held that the proviso to Section 3(2) of the MPDA Act mandates an initial detention period of only six months, and a 12-month initial order is illegal.

3 Apr 2023

The petitioner, Himanshu Roy, challenged a detention order passed by the Commissioner of Police, Nagpur, on 30 July 2022, confirmed by the State of Ma...

High Court

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.

20 Dec 2022

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

High Court

Bombay High Court Dismisses Appeal in Share Dispute — No Grounds for Interference Under Section 37 of Arbitration and Conciliation Act, 1996. Court Held That the Arbitral Tribunal's Findings on Non-Delivery of Shares and Limitation Were Not Perverse or Contrary to Law.

4 May 2021

The appellant, M/s Satish K. Narang & Co., an investor, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against the ju...

High Court

Bombay High Court Allows Quashing of Conviction in Non-Compoundable Offences Based on Settlement — Inherent Powers Under Section 482 CrPC Can Be Exercised Even After Conviction, Subject to Guidelines. The Court Held That While Section 320 CrPC Restricts Compounding, Section 482 CrPC Provides Independent Power to Quash in the Interest of Justice, and Laid Down Guidelines for Such Exercise.

5 Jan 2021

The judgment arises from a reference made to a larger bench of the Bombay High Court to resolve the contentious issue regarding the scope of power und...

High Court

Bombay High Court Dismisses PILs Challenging OBC Reservation in Local Body Elections — Upholds Validity of Reservation and Delimitation Process. Court holds that reservation for OBCs in Kalyan Dombivli Municipal Corporation is valid under Article 243T of the Constitution and Maharashtra Municipal Corporations Act, 1949, and that the triple test conditions were satisfied.

16 Dec 2020

The judgment pertains to three public interest litigations (PILs) filed by Sandeep Pandurang Patil, Moreshwar Shriram Bhoir, and Santosh Sopan Davakha...

High Court

Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

27 Apr 2020

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail in Main Offence Not Considered, Rendering Subjective Satisfaction Invalid.

5 Mar 2020

The petitioner, father of the detenu, challenged the preventive detention order dated 13th November 2019 passed by the Commissioner of Police, Railway...

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