Search Results for "arbitrary restriction"

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Supreme Court Upholds Expulsion of MLC for Unparliamentary Conduct and Defiance of Ethics Committee — Principles of Natural Justice Not Violated as Petitioner Waived Right to be Heard by Repeatedly Avoiding Proceedings and Challenging Committee's Authority.

The petitioner, a Member of the Bihar Legislative Council (MLC) from the Rashtriya Janata Dal, challenged his expulsion from the Council based on a re...

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Bombay High Court Dismisses Petition by Employees Challenging Employer's Circular Requiring Unvaccinated Employees to Undergo Periodic RT-PCR Tests at Own Cost. The court held that the employer's circular was a reasonable public health measure and not violative of fundamental rights.

The petitioners, employees of Mumbai Port Trust (MPT), challenged a circular dated 15 June 2021 that required unvaccinated employees to undergo RT-PCR...

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Bombay High Court Dismisses Petitions by Advocates Challenging Police Verification for Gun Licenses — No Fundamental Right to Carry Firearms. Requirement of Police Verification Under Arms Act, 1959 is a Reasonable Restriction and Not Arbitrary.

The case involves five writ petitions filed by legal practitioners (advocates) challenging the requirement of police verification for grant of firearm...

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Bombay High Court Dismisses Petition Challenging Defence Notification and Condition in Letter of Intent. Restrictions on Land Use Near Military Installations Upheld Under Works of Defence Act, 1903.

The Petitioner, Provincial Housings and Property Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging a Notification...

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Bombay High Court Allows Petitions Challenging Cancellation of Advance Authorizations and Demand for Customs Duty in Sugar Export Cases. Non-compliance with export obligation due to government-imposed export ban constitutes force majeure, and demand for duty with interest cannot be sustained.

The judgment concerns four writ petitions filed by companies engaged in sugar trading and export, challenging the cancellation of advance authorizatio...

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Bombay High Court Dismisses Petition Challenging Municipal Licensing Requirement for Food Business — Holds That MMC Act and FSS Act Can Coexist Without Repugnancy. Section 394(1)(e) of MMC Act, 1888 is Not Void Under Article 254 as It Operates in a Different Field of Municipal Regulation.

The petitioner, Sanjeev Rajaram Chimbulkar, a food business operator, filed a writ petition under Article 226 of the Constitution before the Bombay Hi...

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Bombay High Court Issues Rule in Writ Petition by Real Estate Developer Against MCGM's Condition Requiring Heritage Committee NOC for Fort Redevelopment. Developer Challenges Condition 38 as Arbitrary and Discriminatory Under DCPR 2034 Regulation 52.

The case involved a writ petition by a proprietary real estate developer, Shreeji Realty, challenging a condition imposed by the Brihanmumbai Municipa...