Search Results for "Unreasonable Delay"

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Bombay High Court Quashes Show Cause Notice Due to 12-Year Delay in Adjudication — Principles of Timely Adjudication Under Service Tax Law. Inordinate delay and corporate restructuring rendered adjudication futile, leading to quashing of show cause notice under Article 226.

The petitioner, IDFC First Bank Ltd., filed a writ petition under Article 226 of the Constitution of India seeking quashing of a show cause notice dat...

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Bombay High Court Quashes Criminal Proceedings Against Directors for Alleged Failure to Furnish Information in Auditor's Report Under Section 217(5) of Companies Act, 1956 — Inordinate Delay of 5-7 Years in Issuing Show Cause Notice Held Unreasonable and an Abuse of Process.

The petitioners, who were directors of M/s Timblo Private Limited, filed a criminal writ petition under Article 226 of the Constitution read with Sect...

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High Court of Karnataka at Bengaluru Adjudicates Lapsing of Land Acquisition for BDA Scheme; Examines Applicability of Section 24(2) of 2013 Act and Section 27 of BDA Act

The High Court of Karnataka at Bengaluru was seized of multiple writ petitions concerning land bearing Sy.No.103 of Nagarabhavi Village, measuring fou...

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Bombay High Court Allows Employee's Writ Petition Challenging Industrial Court's Reversal of Reinstatement Order. Industrial Court Erred in Permitting De Novo Enquiry Without Employer Reserving Right in Written Statement as Per Supreme Court Precedent.

This writ petition arises from an industrial dispute where the petitioner-employee, a sweeper with the Nanded-Waghala City Municipal Corporation, chal...

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Bombay High Court Allows Writ Petitions of Shop Tenants Against BMC and MHADA for Occupation Certificate and Tax Waiver. Developer's Default in Surrendering Area to MHADA Cannot Prejudice Tenants Who Cooperated in Redevelopment.

The petitioners were tenants of shops in a property owned by Mumtaj Begum Shah Mohammed and others, located at Miya Mohamed Chhotani Road, Mahim, Mumb...

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Bombay High Court Allows Revision Application of Lessor in Rent Control Exclusion Case. Company That Lost Rent Control Protection Due to High Paid-Up Share Capital Cannot Regain It by Subsequent Reduction.

The case involves a dispute between M/s. Depe Global Shipping Agencies Pvt. Ltd. (Plaintiff/Lessor) and M/s. Mather and Platt (India) Ltd. (Defendant/...

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Supreme Court Modifies Compensation Award in Land Acquisition Appeal Under Land Acquisition Act, 1894. The Court Addressed Claims for Severance and Injurious Affection, Upholding Valuation Principles and Evidentiary Standards for Loss Determination.

The dispute arose from the acquisition of land by the Government of Maharashtra for the BHIMA (Ujjani) Irrigation Project, which affected a trolley li...

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Supreme Court Allows Appellant in Mining Auction Dispute Due to Arbitrary Forfeiture of Earnest Money. Writ Jurisdiction Exercised Under Article 226 of the Constitution as Government Action Was Unreasonable and Facts Were Undisputed, Directing Refund of Forfeited Amount.

The dispute arose from a mining auction conducted by the Directorate of Mining, Industries and Commerce Department, Chandigarh, Punjab. The appellant,...

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Bombay High Court Dismisses Union's Challenge to Tribunal Order Refusing to Treat Company's Closure Application as Withdrawn. Held that the Tribunal's refusal was not perverse and the Union's application was premature under Section 25-O of the Industrial Disputes Act, 1947.

The judgment concerns two writ petitions filed by the General Motors Employees Union challenging an order of the Industrial Tribunal dated 28.04.2023 ...