Search Results for "natural justice"

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Bombay High Court Allows Writ Petitions of Expelled Members of Cooperative Housing Society. Expulsion orders quashed for violation of natural justice and non-compliance with Section 35 of Maharashtra Cooperative Societies Act, 1960.

The judgment concerns multiple writ petitions filed by members of the Sion Kamgar Cooperative Housing Society Ltd. (Respondent No.5) who were expelled...

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Bombay High Court Recalls Order in CBI Revision Application Due to Non-Compliance with Natural Justice - Applicant Not Heard Before Adverse Order. The court held that an order passed without hearing a necessary party violates natural justice and must be recalled under Section 362 Cr.P.C.

The applicant, Mr. Ashok Chavan, was an accused in Special Case No. 42 of 2012 pending before a Special Judge, facing trial for offences under Section...

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High Court of Bombay at Nagpur Quashes Service Tax Assessment Order Against Builder Due to Violation of Natural Justice and CBEC Circulars. Assessment order set aside and matter remanded for fresh adjudication after affording opportunity of hearing.

The petitioner, M/s Maharaja Developers, a partnership firm engaged in construction business, challenged an assessment order dated 23/24 October 2008 ...

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Bombay High Court Allows Writ Petition Challenging Deletion of Members' Names from Voters' List in Cooperative Society Election. Deletion of Names Without Hearing and Based on Belated Objection Violates Natural Justice and Maharashtra Cooperative Societies (Election to Committee) Rules, 2014.

The petitioners, members of Respondent No.3, a 'B' class society for more than 2 years, challenged the order dated 17/20 January 2015 passed by Respon...

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Bombay High Court Allows Writ Petition Challenging Rejection of Objections in Cooperative Election Without Specific Reasons. District Cooperative Election Officer's Order Set Aside for Non-Compliance with Natural Justice and Statutory Requirements Under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Vishwas Chandar NejdarMane, filed a writ petition challenging an order dated 13.3.2015 passed by Respondent No.2, the District Coopera...

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Bombay High Court Quashes Recovery Certificate in Cooperative Loan Dispute for Lack of Reasoned Order. Rule 86F of Maharashtra Cooperative Societies Rules, 1961 Mandates Speaking Order Before Issuance of Certificate; Revisional Authority's Dismissal Without Considering Written Arguments Set Aside.

The petitioner, Balasaheb Dhondiram Nikam, a pensioner, challenged a recovery notice dated 25 July 2011 issued under Section 101 of the Maharashtra Co...

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Bombay High Court Allows Writ Petitions Challenging Recovery Certificates Under Section 101 of MCS Act for Lack of Proper Opportunity of Hearing. Sub Registrar's order recorded withdrawal of advocate but recovery certificate stated 'none present', indicating procedural violation.

The petitioners were members of respondent no. 3 society and had unpaid dues. Proceedings under section 101 of the Maharashtra Cooperative Societies A...

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Bombay High Court Allows Petition Challenging Invalidation of Caste Claim of East Indian Christian Corporator. Scrutiny Committee's Order Set Aside for Non-Consideration of Relevant Documents and Violation of Natural Justice.

The petitioner, Lawrence Salvador D'Souza, contested and won a municipal election in Thane on a seat reserved for Other Backward Classes, claiming to ...