Search Results for "onerous condition"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
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Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "onerous condition"

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Supreme Court

Supreme Court Modifies Bail Conditions for Foreign Accused in NDPS Case: Embassy Certificate Condition Unworkable, GPS Tracking Violates Article 21. The court held that alternative conditions such as impounding passport and periodic reporting are sufficient to secure the accused's presence.

8 Jul 2024

The appellant, a Nigerian national, was arrested on 21st May 2014 for offences under Sections 8, 22, 23, and 29 of the Narcotic Drugs and Psychotropic...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

Supreme Court

Supreme Court Allows Green Card Holder to Travel Abroad During Bail, Balancing Right to Travel with Conditions of Bail. The court held that the High Court erred in refusing permission solely on the ground of an FIR being registered, without considering the appellant's consistent travel history and the risk of losing his Green Card.

7 Aug 2020

The appellant, Parvez Noordin Lokhandawalla, an Indian citizen and US Green Card holder since 2010, has resided in the US since 1985. A private compla...

High Court

Bombay High Court Quashes State Government's Pre-Appointment Bridge Course Condition for B.Ed. Holders Seeking Primary Teacher Posts. State Cannot Override NCTE Notification Under Section 23(1) of RTE Act, 2009.

15 May 2020

The petitioner, Yogesh Popatrao Maid, challenged a note in Schedule A of Government Resolution dated 07.02.2019 issued by the State of Maharashtra, wh...

High Court

High Court of Karnataka Allows Revision Petition Challenging Onerous Condition for Release of Seized Vehicle in Mines and Minerals Case — Condition of Furnishing Bank Guarantee Double the Value of Vehicle Set Aside. The court held that interim custody conditions must be reasonable and not excessive, directing release on simple bond.

22 Oct 2019

The petitioner, Mohammad Shameer, owner of a lorry bearing registration No. KA-19-AB-0011, filed a criminal revision petition under Section 397 read w...

High Court

Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

23 Jun 2017

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

High Court

Bombay High Court Sets Aside Ex-Parte Arbitral Award Due to Lack of Proper Notice and Violation of Natural Justice — Leave and Licence Agreement Dispute. The court held that the arbitrator failed to ensure proper service of notice on the petitioner, thereby denying it a fair opportunity to present its case under Section 34 of the Arbitration and Conciliation Act, 1996.

29 Jul 2016

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an ex-parte arbitral...

High Court

High Court of Karnataka Allows Rent Arrears Claim Against Company in Liquidation Under Section 446(2) of Companies Act, 1956 — Official Liquidator Directed to Pay Admitted Rent Arrears of Rs. 16,22,036. The court held that the claim for rent arrears from 2004 to 2015 is an admitted liability and the Official Liquidator must pay the amount within eight weeks.

11 Mar 2016

The applicant, Smt. Nandini Dinesh Shingte, is the absolute owner of an immovable property situated at Shiye Phata, Old National Highway No.4, Tuluqa,...

High Court

Bombay High Court Allows Application in Part, Modifying Condition of Deposit of Fine While Suspending Sentence in Summary Criminal Case. Principle of Proportionality Applied to Reduce Fine Deposit from Rs.1,00,000 to Rs.25,000 for Vehicle Owner Who Was Not an Accused.

17 Feb 2015

The applicant, Vinod Pandurang Ghorad, filed a criminal application under Section 482 Cr.P.C. challenging an order passed by the Additional Sessions J...

High Court

Bombay High Court Upholds Constitutional Validity of Section 234E of Income Tax Act, 1961 — Levy of Fee for Late Filing of TDS Returns is Valid. The Court held that the fee under Section 234E is compensatory in nature and not a penalty, and does not violate Article 14 of the Constitution.

9 Feb 2015

The petitioners, a practising Chartered Accountant and others, filed a writ petition under Article 226 of the Constitution of India challenging the co...

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