Search Results for "Section 41-A notice"

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Search Results for "Section 41-A notice"

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High Court

Bombay High Court Allows Writ Petition Challenging Charity Commissioner's Order in Property Dispute — Held That LLP Has No Locus Standi to Seek Impleadment Under Section 41A of Maharashtra Public Trusts Act, 1950. The court set aside the Joint Charity Commissioner's order allowing impleadment of individuals claiming to be trustees in proceedings under Section 41A, as the LLP was not a party entitled to be heard.

30 Nov -0001

The case involves a writ petition filed by Bagasarwala Property LLP challenging an order of the Joint Charity Commissioner, Mumbai, dated 15 October 2...

High Court

Bombay High Court Allows Trust Elections to Proceed Despite Challenge Under Section 41A of Bombay Public Trusts Act, 1950 — Interim Relief Denied as No Prima Facie Case of Irregularity Established. Court Held That the Assistant Charity Commissioner's Order Restraining Declaration of Results Was Without Jurisdiction as the Election Process Was Already Commenced and No Urgent Necessity Was Shown.

8 Aug 2012

The petitioners, Mahavir Jaina Vidyalaya and others, are a public trust registered under the Bombay Public Trusts Act, 1950, formed in 1915 with the o...

High Court

High Court of Judicature at Bombay Examines Challenge to Assessment Order Restricting Sales Tax Incentives under Package Scheme of Incentives, 1993. Expansion Unit Seeks Quashing of Order Alleging It Is Without Jurisdiction and Contrary to Scheme Terms.

14 Aug 2018

The petitioner, Mahindra & Mahindra Limited, a company engaged in the manufacture and sale of automobiles and spare parts, filed a writ petition befor...

High Court

Bombay High Court Dismisses Anticipatory Bail Application in GST Impersonation Case — Custodial Interrogation Held Necessary for Serious Economic Offence. The court held that the nature and gravity of the offence, the modus operandi, and the need for custodial interrogation outweigh the applicant's right to anticipatory bail, and the police must comply with Sections 41 and 41A CrPC but arrest is essential in such cases.

25 Sep 2024

The applicant, Anand Sukhlal Pardeshi, filed an anticipatory bail application under Section 438 CrPC in Crime No. 02 of 2024 registered at Azadnagar P...

High Court

Bombay High Court Allows Petition Challenging Bail Cancellation in Criminal Breach of Trust Case — Sessions Court Erred in Cancelling Bail Solely on Ground of Non-Compliance with Section 41A CrPC. The court held that Section 41A CrPC does not mandate notice before arrest in all cases and that bail cancellation requires supervening circumstances, not mere procedural irregularity.

5 Feb 2019

The petitioner, Pankaj Jivdhar Katke, was an accused in Crime No. 405 of 2018 registered at MIDC Waluj Police Station for offences under Sections 408,...

High Court

Bombay High Court Hears Preliminary Issue on Jurisdiction Over Originating Summons in Lease Dispute Where Defendant Has Filed Separate Eviction Suit. The Court Examines Whether the Filing of a Suit Under Section 41 of the Presidency Small Cause Courts Act, 1882, After the Originating Summons Ousts the High Court's Jurisdiction.

29 Apr 2014

This case involved a dispute between Century Textiles and Industries Ltd. (plaintiff) and Nusli Neville Wadia (defendant) arising out of a 999-year le...

High Court

Full Bench of Bombay High Court Considers Whether Election Dispute Remedy Under Section 16 of Maharashtra Municipal Corporations Act, 1949 and Section 21 of Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 Applies to Challenge Nomination of Nominated Councillors. The Court Examines Conflict Between Two Division Bench Decisions on the Maintainability of Such Petitions.

11 Mar 2016

The matter arose from two writ petitions. Writ Petition No. 11278 of 2012 was filed by Shri Anil (Vidyarthi) Chanderlal Ailani, a former elected counc...

High Court

Bombay High Court Allows Writ Petitions Challenging Charity Commissioner's Order in Trust Dispute — Remands Matter for Fresh Consideration on Maintainability of Application under Section 41A of Maharashtra Public Trusts Act, 1950. The court held that the impugned order was passed without proper application of mind and in violation of principles of natural justice, and directed the Joint Charity Commissioner to decide the application afresh.

3 Sep 2025

The judgment arises from two writ petitions and an interim application challenging an order dated 30 January 2023 passed by the Joint Charity Commissi...

High Court

High Court of Karnataka Quashes PMLA Proceedings Against MLA for Lack of Scheduled Offence — ECIR Initiation Without Predicate Offence Invalid. The court held that the predicate offence must be a scheduled offence under the PMLA for the ED to have jurisdiction, and quashed the ECIR and summons under Section 50 PMLA.

7 Mar 2025

The petitioner, a sitting Member of the Legislative Assembly, filed a criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2...

High Court

High Court of Karnataka Examines Requirement of Knowledge Under Section 25 NDPS Act for Owner's Liability. Owner's Mere Ownership of Premises Insufficient to Establish Offence Without Evidence of Knowing Permission Under Narcotic Drugs and Psychotropic Substances Act, 1985.

31 Aug 2024

The petitioner, a 68-year-old man, was the owner of a property that was rented out through a property manager for a birthday party. On 20.05.2024, pol...

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