Search Results for "constitutionality"

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Bombay High Court Quashes Compassionate Appointment Order Due to Non-Existent Vacancy and Lack of Statutory Scheme. Director's Approval for Appointment of Widow as Peon Set Aside as No Vacancy Existed and No Compensatory Appointment Policy Governed Aided Colleges.

The petitioners, Shikshan Prasarak Mandal and Karmaveer Mahavidyalaya, Mul, challenged an order dated 7.3.2007 passed by the Director of Higher Educat...

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Bombay High Court Dismisses Writ Petition for Compassionate Appointment Due to Inordinate Delay of 24 Years. Petitioner's father died in 1977, but petitioner applied only in 2001; held disentitled to relief under Article 226.

The petitioner, Satish @ Rajesh s/o Kanbarao Balkhande, filed a writ petition seeking a mandamus for compassionate appointment on the ground that his ...

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Bombay High Court Partly Allows Municipal Council's Petition in Daily Wager Reinstatement Case — Full Backwages Denied. Reinstatement with continuity upheld but backwages set aside as employees failed to prove unemployment under Industrial Disputes Act, 1947.

The Municipal Council, Rajura, filed three writ petitions challenging the orders of the Labour Court, Chandrapur, and the Industrial Court, Maharashtr...

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Bombay High Court Quashes FIR and Orders Compensation for Unauthorized Sealing of Cable Network Control Room — Police Action Without Statutory Authority Violates Fundamental Rights Under Article 19(1)(g) of Constitution of India.

The petitioners, a partnership firm running a cable television network under the name U.S.A. Cable Networks and its members, filed a writ petition und...

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Bombay High Court Dismisses Petition Seeking CBI Investigation in Assault Case Alleging Political Rivalry. Court holds that mere allegations of political rivalry or delay in investigation do not warrant transfer of investigation to CBI under Article 226 of the Constitution of India.

The petitioner, Shamin @ Chintu Jamaluddin Shaikh, filed a writ petition under Article 226 of the Constitution of India seeking a direction to transfe...

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Bombay High Court Dismisses Occupier's Challenge to Deposit Condition in Property Tax Appeal. Section 217(5) of Mumbai Municipal Corporation Act, 1888 Allows Appellate Court to Impose Deposit Condition Despite Section 209(3) Limitation on Occupier's Liability.

The petitioners, Dena Bank and its manager, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 26 March 2...

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Bombay High Court Allows Refund of Octroi Duty on Goods Not Consumed Within Municipal Limits — Goods Imported into City but Immediately Taken to Factory Outside Octroi Limits Not Liable to Octroi Under Section 114(3) of City of Nagpur Corporation Act, 1948.

The petitioner, Yawalkar Pesticides Pvt. Ltd., a company incorporated under the Companies Act, 1956, had its registered office at Nagpur and a factory...

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Bombay High Court Dismisses Petition Challenging Gram Panchayat's Resolution for Property Tax on Capital Value. Gram Panchayat has power to levy property tax on capital value of lands/buildings under Rule 7 of Maharashtra Village Panchayats Taxes and Fees Rules, 1960.

The petitioner, a resident of village Silewada, challenged Resolution No. 6 dated 30th July 1994 passed by the Gram Panchayat, Silewada, whereby the G...

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Bombay High Court Dismisses Challenge to Premature Retirement of Deputy Director of Health Services. The court upheld the constitutional validity of the Administrative Tribunals Act, 1985 and found the premature retirement order valid based on adverse entries and public interest.

The petitioner, Dr. Mrs. Pratibha Gulhane, a retired Deputy Director of Health Services, filed a writ petition under Articles 226 and 227 of the Const...