Search Results for "arbitrary restriction"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "arbitrary restriction"

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High Court

Bombay High Court Allows Co-operative Spinning Mill to Operate Overdraft Account Despite RBI Restrictions on Co-operative Bank — Petitioner Held to be Operational Creditor Not at Par with Ordinary Depositors. The court held that RBI's blanket restrictions under Section 35A of the Banking Regulation Act, 1949 were unreasonable as applied to an operational creditor with an excellent track record.

23 Mar 2023

The petitioner, Babasaheb Naik Kapus Utpadak Sahakari Soot Girni, a registered co-operative spinning mill, filed a writ petition challenging the restr...

High Court

Bombay High Court Quashes Condition Imposing 90% Backward Class Membership in Redevelopment of PWR 219 Scheme Land — Condition Held Unreasonable and Without Legal Basis Under Article 226. The court struck down the condition as violative of Article 14 of the Constitution, finding it arbitrary and lacking statutory foundation, thereby allowing redevelopment without membership composition restrictions.

25 Aug 2021

The petitioners, members of Sangam Cooperative Housing Society Ltd., challenged a condition imposed by the Social Justice and Special Assistance Depar...

High Court

Bombay High Court Quashes Restriction Order Against Foreign National in Fatal Accident Case — Para 11(2) of Foreigners Orders, 1948 Cannot Be Used to Impose Bail-Like Conditions After Grant of Bail. The restriction order requiring the petitioner to remain within Greater Mumbai during trial was set aside as it amounted to an additional condition not warranted under the Foreigners Orders.

14 Sep 2012

The petitioner, Nooria Y. Haveliwala, a foreign national, was involved in a motor accident on 22nd February 2010 that resulted in the death of PSI Shi...

High Court

Madras High Court Addressed Appeal and Writ Petition by Elevator Company Challenging Procurement Eligibility Clause in JICA Loan Agreement — Controversy Centered on Constitutionality of Nationality Restriction Under Articles 14, 19(1)(g) of Constitution of India and Section 27 of Indian Contract Act, 1872.

11 Mar 2025

The matter arose from writ petitions and writ appeals filed by OTIS Elevator Company (India) Limited before the Madras High Court. The appellant chall...

Supreme Court

Supreme Court Upholds Assessee in Income Tax Act Case Due to Arbitrary Stay Provision. The Third Proviso to Section 254(2A) of the Income Tax Act, 1961, Was Struck Down as It Automatically Vacated Stay Orders After 365 Days Without Considering Assessee's Responsibility for Delay, Violating Article 14 of the Constitution of India.

6 Apr 2021

The Supreme Court of India addressed a batch of civil appeals concerning the constitutional validity of the third proviso to Section 254(2A) of the In...

High Court

Bombay High Court Considers Validity of NOC Requirement from Naval Authorities for Slum Rehabilitation Project. Security Guidelines and Stop Work Notice Challenged as Arbitrary and Without Statutory Backing.

23 Dec 2013

The petitioners, a partnership firm engaged in real estate development, filed a writ petition under Article 226 of the Constitution of India seeking t...

Supreme Court

Supreme Court Hears State of Maharashtra's Appeals Against High Court's Decision Striking Down Section 33A of Bombay Police Act, 1951 as Violative of Articles 14 and 19(1)(g). The core issue is whether the prohibition of dance performances in eating houses, permit rooms, or beer bars is a reasonable restriction on trade and is within the State's legislative competence.

1 Aug 2026

The Supreme Court heard a batch of civil appeals filed by the State of Maharashtra and others assailing the judgment and order dated 12th April 2006 o...

High Court

High Court of Bombay Adjudicates Writ Petition Against MMRDA Regarding Levy of Additional Premium on Leasehold Land. Petitioner Assails Demand Notice as Contrary to Lease Agreement and Arbitrary.

8 Apr 2026

The Writ Petition was instituted challenging the Demand Notice dated 9th September 2014 issued by Respondent No.1 – Mumbai Metropolitan Region Devel...

High Court

Bombay High Court Dismisses Petitions Challenging Tender Conditions for Medical Equipment Supply. Court upholds requirement of prior experience in manufacturing/supply of medical equipment as essential condition in tender for procurement of medical equipment for government hospitals.

15 Mar 2024

The petitioners, Health-O-Wonder Private Limited and Nashik Zilla Swayam Rojgar Berojgar Seva Sahakari Sanstha’s Mahasangh, challenged the tender co...

High Court

Bombay High Court Dismisses Writ Petition by Police Personnel Challenging Refusal to Permit Formation of Association, Holding Restriction Valid Under Article 33(b) and Police Forces (Restriction of Rights) Act, 1966. Denial of Permission Not Violative of Article 19(1)(c) as Prior Sanction Requirement Fulfills Constitutional Safeguards and Alternative Grievance Mechanisms Exist.

16 Sep 2016

The case involved a writ petition under Article 226 filed by five police personnel from various lower ranks (Police Sub Inspector, Police Naik, Assist...

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