Search Results for "discretionary power"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "discretionary power"

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Supreme Court

Supreme Court Allows Recall of Witness and Additional Documents in Commercial Suit — Upholds Liberal Approach Under Order XVIII Rule 17 CPC. Party Seeking to Place on Record E-Mails and Recall PW-1 for Cross-Examination Must Be Permitted to Ensure Fair Trial and Effective Adjudication.

1 Jan 2026

The dispute arose from a Professional Services Agreement dated 19th February 2013 between M/s. Levitate Mobile Technologies Pvt. Ltd. (LMT), the appel...

High Court

High Court of Karnataka Quashes Summons Under Section 319 CrPC Against Accused in SC/ST Act Case — Lack of Evidence During Trial. Court Held That Summoning Additional Accused Requires Stronger Evidence Than Prima Facie Case, and Mere Presence at Scene Without Specific Overt Acts Is Insufficient Under Section 319 CrPC.

21 Jun 2016

The case involves a criminal revision petition filed by Pandurang, Sunil, and Sameer Deshpande (the petitioners) challenging an order passed by the II...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application to Recall Witness and File Additional Documents in Eviction Suit. Order under Order 18 Rule 17 CPC is discretionary and cannot be used to fill gaps in evidence after closure of plaintiff's evidence.

24 Mar 2021

The petitioner, Pandharinath L. Bhandari, filed a writ petition challenging the order dated 12 July 2018 passed by the Small Causes Court at Bandra, M...

High Court

Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

25 Apr 2023

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

High Court

High Court of Karnataka Dismisses Environmentalist's Petition Seeking State Award and Livelihood Support — No Fundamental Right to Discretionary Honors. Writ of Mandamus Not Maintainable for Rajyotsava Award Under Articles 226 and 227 of Constitution of India.

22 Oct 2013

The petitioner, Sri D.A. Chowdappa, an environmentalist from Chikkballapur District, filed a writ petition under Articles 226 and 227 of the Constitut...

High Court

Madras High Court Dismisses Writ Petition Challenging National Consumer Disputes Redressal Commission’s Refusal to Condone Delay in Appeal. The Court Held That the National Commission’s Finding of Insufficient Cause for Delay Under Section 51 of the Consumer Protection Act, 2019 Was Not Perverse and Required No Interference.

5 Mar 2025

The writ petition under Article 226 of the Constitution of India was filed by BCIL ZED RIA Properties Pvt Ltd., challenging the order of the National ...

High Court

Bombay High Court Dismisses Petitioner's Writ Seeking Direction to Establish Family Court in Goa due to Lack of Mandatory Obligation and Insufficient Caseload. Court Holds Section 3(1)(a) of Family Courts Act, 1984 Inapplicable as No Town in Goa Exceeds One Million Population, and Discretionary Power under Section 3(1)(b) Not Compellable.

7 Apr 2016

The petitioner, P Giridhar, through his power of attorney holder, filed a writ petition under Article 226 of the Constitution of India seeking a direc...

High Court

Bombay High Court Dismisses Criminal Writ Petition Challenging Examination of Complainant After Recording of Accused’s Statement Under Section 313 CrPC, Holds Section 311 CrPC Allows Summoning of Witness at Any Stage of Trial. Court Rules That Fair Trial Encompasses Interests of Victim and Society, and That No Prejudice Is Caused to Accused as They Would Get Opportunity to Cross-Examine and Further 313 Statement Could Be Recorded.

10 Feb 2005

The High Court of Judicature at Bombay heard a criminal writ petition filed by four accused persons challenging an order of the Additional Sessions Ju...

High Court

Madras High Court Allows State’s Appeal, Sets Aside Single Judge’s Order for Retrospective Promotion under G.O.Ms.No.1170. Court holds that relaxation of service rules is discretionary, cannot be claimed as right, and cannot be applied retrospectively after retirement.

27 Jul 2026

The matter arose from a service dispute wherein a Panchayat Assistant, appointed in 1979 and later transferred as Junior Assistant in 1999 under a 10%...

High Court

Bombay High Court Quashes Cancellation of Loknatya Kala Kendra Licences by Tahsildar for Violation of Principles of Natural Justice and Acting Under Dictation. The Court Held that a Licensing Authority Must Exercise Independent Discretion and Cannot Cancel a Licence Merely on Directions of Superior Officer Without Applying Its Own Mind.

27 Sep 2012

The two writ petitions arose from the cancellation of licences granted to the petitioners for running Loknatya Kala Kendras (folk art centres) in vill...

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