Search Results for "article 115"

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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. ...

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High Court

Bombay High Court Allows Revision in Public Premises Act Case — Prima Facie Satisfaction Sufficient for Eviction Notice. The Court held that the Estate Officer's satisfaction under Section 4(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 need only be prima facie based on material on record, and the appellate court cannot substitute its own findings at the notice stage.

10 May 2024

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by a government company (wholly owned by ...

High Court

Bombay High Court Upholds Eviction Decree in Landlord-Tenant Dispute — Bona Fide Requirement of Landlord's Heirs Considered Despite Death of Original Plaintiff. The Court held that the Appellate Bench of Small Causes Court correctly reversed the Trial Court's dismissal and decreed eviction on ground of bona fide requirement, as the need of the landlord's family continued through his legal heirs.

25 Oct 2024

The case involves a landlord-tenant dispute over a shop premises in Mumbai. The original plaintiff, Shamrao Dinanath Bhatte, was the tenant of Shop No...

High Court

Bombay High Court Quashes Preventive Detention Order Under M.P.A.D. Act for Lack of Proximity Between Offences and Public Order. Detenu's Criminal Acts Were Against Individuals, Not Society at Large, Failing the Test of 'Public Order' Under Section 2(b-1) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

12 Sep 2025

The petitioner, Ganesh Bharat Giri, aged 23, challenged an order of preventive detention dated 11.05.2025 passed by the District Magistrate, Beed unde...

High Court

Bombay High Court Allows Fishermen Cooperative's Petition Against Demolition of Fishermen Huts in Coastal Zone. Court Holds That Traditional Fishing Communities Have Customary Rights to Occupy Foreshore Land for Livelihood, Subject to Environmental Clearances Under CRZ Notification, 2011.

12 Aug 2021

The petitioner, Mariyayi Macchimaar Sahkari Sanstha Maryadit, a cooperative society of traditional fishermen, filed a writ petition challenging the pr...

High Court

Bombay High Court Restrains Privatisation of District Hospital in Public Interest Litigation — State Directed to Commission and Run Asilo Hospital as State District Hospital. The Court granted interim relief to prevent handing over of the District Hospital to a private operator, upholding the State's obligation to provide healthcare.

12 Aug 2011

The judgment concerns two matters: Misc. Civil Application No. 623/2011 in PIL Writ Petition No. 359/2007 and Writ Petition No. 394/2011, both filed i...

High Court

Bombay High Court Allows Cash Refund of CENVAT Credit Under Section 11B(2) Proviso (c) When Credit Cannot Be Utilized Due to Exempted Final Products. The court held that clause (c) to the proviso of section 11B(2) of the Central Excise Act, 1944 permits cash refund of credit on inputs where the assessee is unable to utilize such credit, overruling the contrary view in Commissioner of Central Excise vs. Jain Vanguard Polybutylene Ltd.

14 Jun 2019

The Full Bench of the Bombay High Court was constituted to resolve a conflict regarding the interpretation of clause (c) to the proviso of section 11B...

High Court

Bombay High Court Allows Writ Petition Challenging Civil Court's Dismissal of Suit on Ground of Arbitration Clause Under Stock Exchange Bye-laws. Transaction Not Through Stock Exchange Member, Hence Civil Court Has Jurisdiction to Entertain Recovery Suit.

9 Jan 2006

The petitioners, M/s. Prashant Commercial, filed a suit for recovery of Rs. 23 lakhs against the respondent, Rajratan R. Mohta, claiming that the amou...

High Court

Bombay High Court Dismisses Petition Challenging Eviction of Tenant for Subletting and Unauthorised Assignment. Transfer of Property Act, 1882 Section 106 Notice Upheld as Valid.

26 Sep 2006

The case involves a dispute over eviction of a tenant from premises in Mumbai. The original landlord, Mr. N.V. Baliga, owned a building at 257, Frere ...

High Court

Bombay High Court Dismisses Revision Against Refusal to Drop Witnesses and Array Them as Accused in Sohrabuddin Fake Encounter Case. Court Holds That Power Under Section 319 CrPC Is Discretionary and Cannot Be Invoked by an Accused at Trial Stage Without Evidence.

28 Mar 2016

The applicant, a senior IPS officer and accused No. 2 in the Sohrabuddin fake encounter case, filed a criminal revision challenging the Sessions Court...

High Court

High Court of Karnataka Quashes Prior Permission to Invoke KCOCA Against MLA in Murder Case — Procedural Safeguards Under Section 6(1) of KCOCA Mandate Application of Mind by Competent Authority. The court held that the order granting prior permission under Section 6(1) of the Karnataka Control of Organised Crimes Act, 2000 must reflect due application of mind and recording of reasons, and a mechanical grant without such application is invalid.

19 Dec 2025

The petitioner, Sri B.A. Basavaraja, an MLA from K.R. Puram, filed a writ petition under Articles 226 and 227 of the Constitution of India before the ...

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