Search Results for "arbitrary discretionary power"

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Supreme Court Clarifies Remission Power Under Section 432 CrPC — Emphasizes Need for Application, Reasoned Orders, and Procedural Fairness. The Court held that suo motu remission is impermissible, conditions must be reasonable, automatic revocation invalid, and reasons must be recorded for rejection.

The Supreme Court, in a suo motu writ petition, examined the scope and limitations of the power of the appropriate Government to remit sentences under...

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High Court of Karnataka Sets Aside Execution Orders in Arbitration Award Enforcement — Petitioner Granted Opportunity to File Objections. Court holds that execution court must consider objections under Section 47 CPC before ordering sale of judgment debtor's property.

The petitioner, Sri Ashish K. Philip, was the judgment debtor in execution proceedings arising out of an arbitration award in favor of the respondent,...

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Madras High Court Dismisses Petitions Challenging Package Tendering System for Road Works. Policy Decision to Reintroduce Package System Upheld as Valid Executive Action Under Article 226 of Constitution of India.

The case involves a batch of writ petitions filed by individual contractors challenging the Government Order G.O.(Ms) No.162, Highways & Minor Ports (...

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Bombay High Court Allows Writ Petition Challenging Arbitrary Cancellation of Tender Award. State Warehousing Corporation's Cancellation of Contract Without Reasons or Hearing Held Unreasonable.

The petitioner, M/s Bhagwati Builders, a proprietary concern of Vijay Agrawal, participated in a tender issued by Respondent No.1, Maharashtra State W...

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Bombay High Court Quashes Contribution Order for Non-Application of Mind in Maharashtra Public Trust Act Case — State Failed to Consider Mandatory Factors Under Section 58(4) While Fixing 2% Rate.

The petitioner, Dadimay Medical Memorial Research Trust, a public trust registered under the Maharashtra Public Trust Act, 1950, challenged an order d...