Search Results for "Extraordinary Writ Jurisdiction"

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Bombay High Court Refuses Withdrawal of Writ Petition, Examines Validity of Blanket Injunction and SARFAESI Notice. Court Raises Question of Territorial Jurisdiction of Principal Seat to Entertain Challenge to Order of Cooperative Appellate Court Acting as Incharge for Nagpur Bench.

The writ petition arose from recovery proceedings initiated by Rupee Cooperative Bank against the borrower company. The borrower had filed a dispute i...

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Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...

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Supreme Court Allows Appeals Against High Court Orders Interdicting Statutory Deemed Termination Under Section 5B of Mumbai Municipal Corporation Act. High Court Cannot Suspend Legal Fiction of Retrospective Termination for Failure to Submit Caste Validity Certificate Within Prescribed Period.

The Supreme Court considered two appeals arising from a common judgment of the Bombay High Court dated 02.04.2019, which had allowed writ petitions fi...

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Supreme Court Dismisses Appeal Against Tender Cancellation in Public Procurement Case — State's Decision to Cancel Tender Upheld as Not Arbitrary Under Article 14 of the Constitution.

The appeal arose from a High Court order dismissing a writ petition challenging the cancellation of a tender by the State. The appellant, a bidder, co...

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Bombay High Court Hears Writ Petition Challenging Defamation Process in Companies Act Special Notice Case. The Dispute Involves Allegations Made in a Statutory Notice Under the Companies Act, 2013.

Background: The present writ petition arose from a criminal defamation complaint filed by Respondent No.2, Nusli Neville Wadia, against the petitioner...

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High Court of Karnataka Quashes Externment Order Against Petitioner in Police Act Case — Failure to Consider Less Restrictive Measures. Order under Section 55 of Karnataka Police Act, 1963 set aside as authority did not consider whether proceedings under Section 107 of CrPC would suffice.

The petitioner, a resident of Kunigal Taluk, challenged an externment order dated 15-12-2022 passed by the Assistant Commissioner and Sub Divisional M...

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Supreme Court Dismisses Appeal in Partition Suit for Clubbing Properties in Different Jurisdictions. Section 17 CPC Does Not Permit a Single Suit for Separate Immovable Properties Situated in Different States.

The appeal arose from a civil suit filed by the appellant (plaintiff) seeking declaration that two properties—one in Indore, Madhya Pradesh, and ano...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Credible Evidence and Procedural Lapses. Externment Order Based on Acquitted Case and Confidential Statements Without Substantive Proof is Unsustainable Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951.

The dispute arose from an externment order issued against the appellant under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, directing him t...