Search Results for "binding circular"

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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...

High Court

Bombay High Court Allows Petition Challenging 10% Performance Security Deposit in Railway Catering Contract. Court holds that Railway Board Circular dated 20.11.2020 prescribing 3% performance guarantee is binding and demand for 10% is arbitrary.

19 Oct 2023

The petitioner, M/s. Shiv & Sons, a proprietorship concern, responded to a tender notice dated 01.03.2023 issued by the Nagpur Division of Central Rai...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Stock Exchange Dispute Due to Limitation. Claim Filed Beyond Six-Month Period Under BSE Regulation 252(2) Is Barred.

25 Sep 2012

The petitioner, Kalpana Munish Bumb, was a constituent of respondent no. 1, a trading member of the Bombay Stock Exchange. The last transaction betwee...

High Court

Bombay High Court Dismisses Petition Challenging MCGM Circular Denying Compassionate Appointment to Family of Employee Medically Invalidated After Age 50. The court held that the age bar of 50 years is reasonable and not arbitrary, and the rejection of the son's application was valid.

12 Jan 2023

The petitioners, Pratibha Sanjay Padamalwar (widow) and Ashitosh Sanjay Padamalwar (son), filed a writ petition under Article 226 of the Constitution ...

High Court

Bombay High Court Allows Refund Claim Despite Non-Electronic Filing in GST Case — Circular Cannot Override Statutory Provisions. Refund application filed manually under Section 54 of CGST Act, 2017 held valid as Circular No. 125/44/2019-GST requiring electronic filing is directory, not mandatory.

14 Feb 2022

The petitioners, C.P. Ravindranath Menon and Sindhu Ravindranath Menon, filed a writ petition under Article 226 of the Constitution of India before th...

High Court

Bombay High Court Quashes Minister's Order in Co-operative Society Registration Dispute — Government Resolution Suspending Registration of New PACSs Held Binding on Appellate Authority. Minister's order set aside for ignoring Government Resolution dated 3rd December 2011 under Maharashtra Co-operative Societies Act, 1960.

4 Apr 2014

The petitioner, a member of an existing co-operative society, challenged the order of the Minister for Co-operation, Government of Maharashtra, dated ...

High Court

Bombay High Court Passes Judgment on Enforcement of Foreign Arbitral Award under Sections 47-49 of the Arbitration and Conciliation Act, 1996. Dispute arose from Share Subscription Agreement and Put Option Deed involving investment exit rights.

30 Apr 2020

The petitioner, Banyan Tree Growth Capital L.L.C., a Mauritian investment fund, had invested approximately USD 7.5 million in Axiom Cordages Limited, ...

High Court

Bombay High Court Dismisses Petition Challenging University Circular Prohibiting Direct Second Year MCA Admissions. University's Academic Autonomy Upheld Over AICTE Approval for Direct Entry Programme.

15 Jun 2016

The petitioner, B.P.H.E. Society's Institute of Management Studies, Ahmednagar, filed a writ petition before the Bombay High Court, Bench at Aurangaba...

High Court

Bombay High Court Allows Employee's Writ Petition for Promotional Benefits Despite Delayed Tribe Certificate Validation. Clause restricting benefits to date of production of validation certificate held arbitrary and violative of Articles 14 and 16 of the Constitution.

9 Jul 2026

The petitioner, an employee of the Maharashtra State Electricity Distribution Company Limited (the Company), belongs to a Scheduled Tribe. During his ...

High Court

Bombay High Court Dismisses Union's Challenge to MSRTC Circular Requiring Heavy Vehicle Driving License for Driver-cum-Conductor Posts. Court Holds That Prescribing Higher Qualification for Driving Heavy Passenger Vehicles Is a Reasonable Condition Based on Public Safety and Operational Necessity, Not Arbitrary.

4 Oct 2017

The petitioner, Maharashtra S. T. Workers Congress (INTUC), a trade union registered under the Trade Unions Act, 1926, filed a writ petition under Art...

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