Search Results for "Judicial precedent"

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"Supreme Court: High Court Overstepped Jurisdiction in Mumbai Eviction Dispute" "Reaffirming Quasi-Judicial Authority and Expediency in Eviction Proceedings"

  Context and Background The Municipal Corporation of Greater Mumbai (MCGM) initiated eviction proceedings under Section 105B of the Mumbai M...

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"Supreme Court Quashes Arbitrary Land Allotment to Housing Society" Transparency and fairness in public land allotment upheld.

Supreme Court of India Sets Aside Arbitrary Allotment of Government Land to Housing SocietyIn Proposed Vaibhav Cooperative Housing Society Limited v. ...

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Supreme Court Quashes Arbitrator Appointment: Non-Arbitrable Disputes Governed by Statutory Jurisdiction. Disputes under the Payment of Wages Act and Industrial Disputes Act held non-arbitrable; High Court order reversed with costs imposed on the respondent.

The Supreme Court disallowed the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, holding that disputes...

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Bombay HC Rules Issuance of Income Tax Notices to Deceased Invalid. A dead person cannot be subject to reassessment notices under Section 148 of the Income Tax Act.

Acts and Sections Discussed: Section 148, 148A(b), and 148A(d) of the Income Tax Act, 1961 Judicial precedents and principles of natural justice ...

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"Bombay High Court Declines Writ Jurisdiction; Relegates Petitioner to Statutory Appeal Remedy" "Exhaustion of alternate remedies reaffirmed; liberty to appeal within four weeks granted."

Acts and Sections Discussed: Maharashtra Goods and Services Tax Act, 2017 Principles of Natural Justice Judicial Precedents on Alternate Remedy (...

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Justice for a Heinous Crime: Confirming Death Sentence for Respondent. Upholding the sanctity of law against brutality and greed.

  1. Case Overview Jurisdiction: High Court of Judicature at Bombay (Criminal Appellate Jurisdiction) Appeals: Confirmation Case No. 1/2022 fo...

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High Court Dismisses Writ Petition for Non-Exhaustion of Alternate Remedies. Petitions under Article 226 of the Constitution must follow procedural discipline, particularly where alternate remedies are available.

The Bombay High Court dismissed a writ petition challenging an Order-in-Original for failure to exhaust alternate remedies. The petitioner alleged a b...

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Bombay High Court Sets Aside Charity Commissioner’s Circular on Restricting Trust Names. A victory for freedom of expression in trust registrations under the Maharashtra Public Trusts Act.

The Bombay High Court quashed the Revised Circular No. 543 dated July 4, 2018, issued by the Charity Commissioner, Maharashtra, which directed trusts ...

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Promotion Delayed Beyond Superannuation Cannot Yield Financial Benefits. Rule of Law Prevails: Right to be Considered for Promotion Does Not Grant Entitlement to Retrospective Benefits Without Assumption of Duties.

1. Background Parties Involved: Appellants: Government of West Bengal and its agencies. Respondent: Dr. Amal Satpathi, a retired Principal Sc...