Search Results for "discretionary power"

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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...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "discretionary power"

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High Court

Bombay High Court Dismisses Writ Petition Seeking Direction to Vice Chancellor to Exercise Emergency Powers Under Maharashtra Universities Act, 1994. Vice Chancellor's power under Section 14(7) and (8) is discretionary and not a duty; no mandamus lies.

7 Oct 2010

The dispute arose when a registered society and its engineering college (petitioners) sought to introduce a new M.Tech course in Power Electronics and...

High Court

Bombay High Court Dismisses Petitioner in Service Reinstatement Dispute Over Resignation Withdrawal. Withdrawal of Accepted Resignation Under Office Memorandum Dated 10-06-2019 Is Discretionary, Not an Enforceable Right, and Reinstatement Was Denied Due to Prior Misconduct Under Sashastra Seema Bal Act, 2007.

14 Sep 2021

The matter arose from a writ petition filed before the Aurangabad Bench of the Bombay High Court challenging an order dated 13-01-2020 passed by the C...

Supreme Court

Supreme Court Advisory Opinion Addresses Scope of Governor's and President's Powers Over State Legislation under Articles 200 and 201. Presidential Reference Seeks Clarity on Constitutional Discretion, Time Limits, and Justiciability in Light of Conflicting Judgments.

1 Jan 1970

The President of India, exercising powers under Article 143(1) of the Constitution, referred fourteen questions to the Supreme Court on 13th May 2025,...

High Court

Bombay High Court Allows Department's Appeal, Holds CESTAT Has Power to Condon Delay Under Section 129A(5) of Customs Act, 1962. The Court Remanded the Matter for Consideration of Condonation of Delay on Merits, Ruling That Appeals Under Section 129D(3) Are Deemed Appeals Under Section 129A and Thus Subject to the Same Condonation Power.

13 Aug 2010

The Commissioner of Customs (Gen), Mumbai, filed an appeal before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) against an order of ...

High Court

Bombay High Court Allows Public Interest Litigation Seeking Declaration That Governor Must Act on Council of Ministers' Advice for Legislative Council Nominations. Article 171(5) Nomination Power Held to Be Non-Discretionary and Governor Bound by Aid and Advice of Council of Ministers.

13 Aug 2021

The Bombay High Court, in this public interest litigation, examined the constitutional powers of the Governor to nominate members to the Maharashtra L...

Supreme Court

Supreme Court Allows Tenants' Appeal in Rent Control Case — Striking Out Defence Not Automatic Under Section 15(7) of Delhi Rent Control Act, 1958. Discretionary Power Must Be Exercised Judiciously; Mere Non-Compliance Does Not Justify Striking Out Defence.

24 Sep 2019

The case involves an appeal by tenants against the High Court of Delhi's order upholding the Rent Controller's decision to strike out their defence in...

Supreme Court

Supreme Court Allows Government of NCTD in Challenge to Lieutenant Governor's Nominations to Delhi Municipal Corporation Under Section 3(3)(b)(i) of DMC Act. The power of nomination is not discretionary and must be exercised on the aid and advice of the Council of Ministers under Article 239AA(4) of the Constitution.

1 Jan 2023

The case concerns the interpretation of Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 (DMC Act), which empowers the Lieutenant Gover...

High Court

Bombay High Court Upholds Minister’s Recall Order in Revenue Record Deletion Case Involving Devasthan Property. Recall Held Valid as Procedural Review to Correct Breach of Natural Justice, and Writ Relief Declined to Prevent Injustice.

13 Sep 2017

The writ petition challenged an order of the Minister (Revenue) recalling an earlier order that had deleted the remark 'Devasthan Inam Warag III' from...

High Court

Madras High Court Sets Aside Special Court Order Dismissing Section 317 CrPC Exemption Petition and Recall of Non-Bailable Warrant, Holds Discretionary Powers Must Be Exercised Judiciously. Accused's Prior Exemptions Alone Do Not Constitute Dilatory Tactics; Non-Bailable Warrant Could Not Be Issued as a Matter of Course Under Sections 317 and 70(2) CrPC.

21 Mar 2025

The appeal arose from an order of the Special Court under the National Investigation Agency Act, 2008, which dismissed the appellant's petition under ...

High Court

High Court of Karnataka Dharwad Bench Hears Writ Petition Challenging Rescission of Appointment of Additional District Government Pleader Within 24 Hours. The Court Examines Whether the Impugned Notification Violates Constitutional Prohibition Against Arbitrariness in Context of Pleasure Doctrine.

25 Nov 2025

The case concerns the abrupt withdrawal of an appointment as Additional District Government Pleader at the newly established XI Additional District an...

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