Search Results for "discretionary orders"

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Search Results for "discretionary orders"

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High Court

High Court of Karnataka Adjudicates Criminal Revision Petitions Challenging Rejection of Default Bail and Cognizance in NDPS Case. Court’s Analysis Focuses on Maintainability Under Section 397 CrPC and Application of Precedents.

24 May 2021

The judgment of the High Court of Karnataka arises from two criminal revision petitions filed by the accused No.3, challenging the orders of the Speci...

High Court

Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

16 Sep 2015

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

High Court

Bombay High Court Quashes NGT Directions Against Hikal Ltd. in Gas Leak Case — Tribunal Exceeded Jurisdiction by Issuing Directions Without Considering Petitioner's Response. The Court held that the NGT violated principles of natural justice by not affording a hearing to the petitioner before imposing liability and directing closure of its unit under the Environment Protection Act, 1986 and the Water (Prevention and Control of Pollution) Act, 1974.

22 Feb 2024

The petitioner, Hikal Ltd., a chemical manufacturing company with a factory in Taloja, Maharashtra, challenged orders of the National Green Tribunal (...

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...

High Court

High Court of Judicature at Bombay Holds Writ Petition Not Maintainable Against Arbitrator's Order on Jurisdiction Under Section 16 and Order Appointing Arbitrator Under Section 11; Alternative Remedies U/S 34 and Article 136 Must Be Availed. The court found that an order under Section 11 is challengeable only before the Supreme Court under Article 136, and a Section 16 order can be contested after the award under Section 34, thus barring writ jurisdiction.

17 Oct 2023

This writ petition arose from a contractual dispute between Hindustan Petroleum Corporation Limited (HPCL), a government enterprise, and a joint ventu...

High Court

Bombay High Court Quashes Provisional Attachment and Orders Stay of Recovery in Income Tax Case — Violation of Natural Justice and Non-Compliance with CBDT Circular. The Assessing Officer's failure to record reasons and provide hearing under Section 281B, and ignoring CBDT Circular on stay of demand, led to setting aside of attachment and recovery proceedings.

26 Mar 2019

The Petitioner, Milestone Real Estate Fund, a trust, challenged the provisional attachment order dated 18.12.2018 under Section 281B of the Income Tax...

High Court

Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

23 Dec 2015

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...

Supreme Court

Supreme Court Considers Maintainability of Writ Petitions Against Armed Forces Tribunal Orders Under Article 226. High Court reversed Tribunal orders and granted relief; statutory appeal mechanism under Sections 30 and 31 of Armed Forces Tribunal Act, 2007 argued to exclude writ jurisdiction.

1 Aug 2026

In these connected civil appeals, the Supreme Court was confronted with the issue of maintainability of writ petitions under Article 226 of the Consti...

Supreme Court

"Supreme Court Affirms Need for Minority Establishment in AMU’s Minority Status Dispute" AMU’s Minority Status Under Scrutiny: Establishment by Legislature Versus Minority Founding Rights

8 Nov 2024

The Supreme Court judgment in Aligarh Muslim University v. Naresh Agarwal & Ors. primarily deals with the issue of minority rights in education, f...

High Court

High Court of Karnataka Dismisses Petitions by Directors Challenging NCLT Order Refusing Stay of EGM for Removal — Writ Petitions Held Not Maintainable Due to Alternative Remedy Under Section 421 of Companies Act, 2013. Petitioners Failed to Establish Prima Facie Case for Interim Relief Against Shareholder Action.

2 Jul 2024

The High Court of Karnataka dismissed two writ petitions filed by Mr. Byju Raveendran, Mr. Riju Ravindran, and Ms. Divya Gokulnath, who are directors ...

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