Search Results for "Coercive action"

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Search Results for "Coercive action"

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High Court

Bombay High Court Quashes Invalid Caste Certificate Cancellation for Thakar Tribe — Relatives' Prior Declarations Binding on Scrutiny Committee. The Court held that the Scrutiny Committee must consider prior judicial declarations of blood relatives and cannot ignore genealogy evidence while invalidating a caste certificate under the Scheduled Tribes Order.

4 Oct 2019

The petitioner, Ruta Ramesh Gangavane, obtained a caste certificate on 7 September 2001 certifying her as belonging to the Thakar Scheduled Tribe. She...

High Court

Bombay High Court Quashes Caste Scrutiny Committee Order Cancelling Scheduled Tribe Certificate of Petitioner. Failure to Consider Relevant Documents and Affidavits of Relatives Constitutes Violation of Principles of Natural Justice.

4 Oct 2019

The petitioner, Manoj Gavankar, obtained a caste certificate dated 24 August 2001 certifying him as Thakar, a Scheduled Tribe under the Constitution (...

High Court

Bombay High Court Directs Caste Scrutiny Committee to Decide Caste Claim Within Six Months, Restrains Employer from Terminating Services Pending Decision. The court held that a candidate cannot be penalized for delay by the Caste Scrutiny Committee in deciding the caste claim, and the employer must await the committee's decision before taking adverse action.

7 Mar 2019

The petitioner, Rajusingh Vijaysingh Gaud, was appointed as a Driver against a post reserved for Scheduled Tribe by the Maharashtra State Road Transpo...

High Court

Bombay High Court Quashes Release of Accused Under Section 169 CrPC in NDPS Case — Special Prosecutor Acted Without Investigating Officer's Consent. The court held that the investigating officer's consent is mandatory for an application under Section 169 CrPC, and the Special Prosecutor cannot independently decide to release accused when there is evidence of possession of psychotropic substances like Tramadol without license.

4 Mar 2019

The Union of India, through the Directorate of Revenue Intelligence (DRI), filed a writ petition challenging an order dated 29 October 2018 passed by ...

High Court

Bombay High Court Quashes Process Issued Against Petitioners in Maharashtra Fire Prevention Act Case — Lack of Sanction Under Section 36 Renders Complaint Invalid. Court held that prior sanction of the Commissioner is mandatory for prosecution under Sections 3(1), 3(3), 3(4) r/w 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006, and its absence vitiates the criminal proceedings.

6 May 2013

The petitioners, seven residents of Jolly Maker I Cooperative Housing Society in Mumbai, filed a writ petition under Article 227 of the Constitution o...

High Court

Bombay High Court Quashes Stay Order in Income Tax Dispute — Directs Fresh Consideration of Stay Application on Merits. Revenue directed to pass a reasoned order on the stay application after hearing the assessee, considering the strong prima facie case and financial hardship.

4 Apr 2013

The petitioner, HDFC Bank Limited, challenged an order dated 18 March 2013 passed by the Assistant Commissioner of Income Tax - 2(3), Mumbai, which di...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Insurance Dispute — Floater Policy Interpretation and Burden of Proof Upheld. The court held that the arbitrator's finding that the policy was not a floater policy and that the insured failed to prove loss was not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

27 Nov 2012

The petitioner, M/s. Boghara Polyfab Pvt. Ltd., obtained a Standard Fire and Special Perils Policy from the respondent, National Insurance Company Ltd...

High Court

Bombay High Court Quashes Externment Order in Bombay Police Act Case — Lack of Material to Show Witnesses Unwilling to Come Forward. Externment order under Section 56(1)(a) and (b) of Bombay Police Act, 1951 set aside as in-camera statements did not indicate that witnesses were unwilling to depose due to fear.

11 May 2012

The petitioner, Baburao Changa Patil, challenged an externment order passed by the Deputy Commissioner of Police, Zone-I, Thane, under Section 56(1)(a...

High Court

Bombay High Court Allows Writ Petition of Gram Panchayat Member Challenging Disqualification for Non-Payment of Tax — Disqualification Set Aside as Tax Bill Served on Brother Without Proof of Joint Family. Collector's Order Quashed for Lack of Specific Finding on Joint Family Status Under Section 16 r/w Section 14(h) of Bombay Village Panchayats Act, 1958.

3 Feb 2012

The Petitioner, Uttam H. Jadhav, was an elected member of the Gram Panchayat of Shinde, Taluka Nasik, District Nasik. Respondent Nos.1 to 4 initiated ...

High Court

Bombay High Court Allows Writ Petitions Challenging Customs Duty Recovery and Penalty on Import of MRI Machine. Court holds that benefit of exemption notification cannot be denied on ground that import licence was obtained prior to issuance of recommendation certificate, and that show cause notice issued after unreasonable delay is liable to be quashed.

7 Mar 2006

The judgment pertains to two writ petitions filed by M/s. Shah Diagnostic Institute Private Limited and its director Dr. Viral Shah challenging orders...

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