Search Results for "discretionary orders"

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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 orders"

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Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

Supreme Court

Supreme Court Allows Appeal in POCSO Case — Summoning Under Section 319 CrPC Set Aside for Lack of Strong Evidence. Identification of Accused Based on Spectacles and Subsequent Improvement in Victim's Statement Held Insufficient to Exercise Discretionary Power Under Section 319 CrPC.

17 Oct 2019

The case involves an appeal against an order of the High Court of Uttarakhand upholding the summoning of the appellant under Section 319 of the Code o...

High Court

Bombay High Court Allows Redevelopment Project Despite Narrow Road Width, Applies Promissory Estoppel Against Municipal Corporation. MCGM Estopped from Refusing Permission After Granting Initial Approval and Petitioner Acting to His Detriment.

23 Feb 2024

The petitioner, Gufran Suleman Qureshi, proprietor of M/s Sirsiwala Realty, sought redevelopment of a building in Mumbai. The Municipal Corporation of...

High Court

Bombay High Court Allows Petition in Commercial Suit Due to COVID-19 Pandemic — Delay in Filing Written Statement Condoned. The Court held that the pandemic constituted sufficient cause for extension of time under Order VIII Rule 1 CPC and Section 16 of the Commercial Courts Act, 2015, and the trial court's rejection was erroneous.

13 Dec 2021

The petitioners, defendants in a commercial suit filed by Pyrotek India Private Limited, challenged the order of the learned District Judge (Commercia...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings on Possession and Title. Court holds that plaintiff failed to prove title and possession over suit property, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

27 Jun 2025

The appellant, Sri B.S. Lakshman, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decre...

High Court

Bombay High Court Dismisses Challenge to NMMC's Property Tax Levy on MIDC Industrial Area. TTC Area Held to Be Within Municipal Limits Under 1991 Notification; No Direction to Constitute Industrial Township.

8 Jul 2010

The petitioners, including Small Scale Entrepreneurs Association and Mahape Industries Welfare Association, filed a writ petition under Article 226 of...

High Court

Bombay High Court Dismisses Writ Petition Challenging Interlocutory Order Curtailing Cross-Examination in Civil Suit. Cross-Examination at Interim Stage is Discretionary and Can Be Limited to Relevant Points Under Order 19 Rule 1 CPC.

14 Jul 2010

The petitioner, Albina Alen Fernandes, filed a civil suit against the respondents, Kelwyn John Nicholas Pereira and others, seeking declaration and in...

High Court

High Court of Bombay Allows Revenue's Appeal in MVAT Penalty Case — Section 61(2) Does Not Permit Reduction of Penalty Below Statutory Rate. The court held that once a penalty is imposed under Section 61(2) of the MVAT Act, the quantum must be exactly one tenth per cent of total sales, with no discretion to reduce.

15 Sep 2011

The Revenue appealed against a decision of the Maharashtra Sales Tax Tribunal reducing a penalty imposed under Section 61(2) of the Maharashtra Value ...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Land Acquisition Due to Gross Delay and Laches. Petitioner's failure to establish tenancy and inordinate delay in challenging notifications under Land Acquisition Act bars relief.

5 Nov 2012

The petitioner, Vinayak Bhaskar Sinai Dhume, filed a writ petition in the High Court of Bombay at Goa challenging notifications dated 7th April 1999 a...

High Court

Bombay High Court Dismisses Petitions Challenging Foreclosure of Contracts for Space Under Flyovers by MSRDC. Contractual Termination Upheld Due to Breach of Terms and Public Interest.

20 Jun 2013

The judgment involves multiple writ petitions filed by contractors challenging the foreclosure of contracts by the Maharashtra State Road Development ...

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