Search Results for "absolute necessity"

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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. ...

Search Results for "absolute necessity"

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High Court

Bombay High Court Dismisses Interim Application for Injunction in Copyright Dispute Over Documentary Film 'Sindhustan' — Plaintiff Fails to Establish Prima Facie Case of Co-Producer or Joint Copyright Ownership. The Court held that an oral agreement for co-production is not sufficient to claim joint ownership of copyright under the Copyright Act, 1957, and that the Plaintiff's contributions did not amount to joint authorship.

11 Feb 2021

The suit was filed by Kabir Singh Chowdhry (Plaintiff) against Sapna Moti Bhavnani (Defendant No. 1) and others, seeking a declaration that the Plaint...

High Court

Bombay High Court at Goa Upholds Constitutional Validity of Entry Tax Provisions in Challenge by Importer of Goods. Section 3 of Goa Tax on Entry of Goods Act, 2000 held valid as charging section need not contain measure of tax; machinery and penalty provisions also upheld.

5 Apr 2021

The petitioner, M/s Pernod Ricard India Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition before the High C...

High Court

Bombay High Court Quashes Externment Order for Lack of Live Link Between Offences and Necessity of Externment Under Maharashtra Police Act, 1951. Petitioner's involvement in minor offences did not justify externment as there was no material to show that his presence was harmful to the community or that witnesses were unwilling to depose.

27 Jul 2021

The petitioner, Shailesh Chaganrao Pawar, challenged an externment order passed under Section 56 of the Maharashtra Police Act, 1951. The Assistant Co...

High Court

Bombay High Court Quashes Draft Assessment Order in Faceless Assessment Scheme for Non-Compliance with Natural Justice. Petitioner's Objections Not Considered and No Personal Hearing Granted Despite Request Under Section 144B of Income Tax Act, 1961.

30 Jul 2021

The petitioner, Piramal Enterprises Limited, a registered company engaged in pharmaceutical manufacturing and trading, filed its original return of in...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Denial of Compassionate Appointment to Government Employees' Dependents. Court holds that compassionate appointment cannot be claimed as a matter of right and is subject to fulfillment of eligibility criteria and availability of vacancies.

30 Dec 2020

The petitioners, twenty individuals, filed a writ petition before the Bombay High Court at Goa challenging the decision of the State of Goa and its of...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Less Restrictive Alternatives Renders Detention Unreasonable. Court held that the Detaining Authority must consider the possibility of resorting to less drastic measures like cancellation of bail or prosecution before ordering preventive detention under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drugs Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981.

27 Feb 2020

The petitioner, Rakesh Mohan Gadekar, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers,...

High Court

Bombay High Court Directs Police to Register FIR in Forgery Case Involving Fraudulent Approval of Teacher's Services. Court holds that when a complaint discloses a cognizable offence, police must register an FIR under Section 154 CrPC, and failure to do so warrants mandamus.

26 Jun 2020

The petitioner, Arun Devare, filed a criminal writ petition seeking a direction to the police to register an FIR against respondents 3 to 5 for allege...

High Court

Bombay High Court Dismisses Petition Challenging Revenue Authority's Order Recognizing Right of Way Over Agricultural Land. Court upholds Deputy Collector's finding that an approach road existed since 1974 consolidation and was mentioned in sale deeds, confirming easement by necessity under Section 13 of the Easements Act, 1882.

2 Jul 2020

The petitioner, Ashok Devman Gangurde, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated 1...

High Court

Bombay High Court Grants Anticipatory Bail to Foreign Nationals in NDPS Case — No Recovery from Petitioners, Only Co-accused Implicated. Petitioners not named in FIR and no contraband recovered from them, thus Section 37 NDPS Act bar not applicable.

21 Aug 2020

The petitioners, foreign nationals from various countries including Tanzania, Iran, Gujarat, Mumbai, Tamil Nadu, and others, were implicated in a case...

High Court

Bombay High Court Quashes Detention Order in Dangerous Person Case Due to Non-Application of Mind Regarding Bail Status. Preventive detention under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981 set aside as detaining authority failed to consider that detenu was on bail in all four criminal cases, vitiating subjective satisfaction.

21 Dec 2020

The petitioner, Sunil Pandharinath Dhotre, challenged a detention order dated 11/2/2020 passed by the Commissioner of Police, Nashik, detaining him fo...

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