Search Results for "discretionary orders"

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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...
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Search Results for "discretionary orders"

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Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Election Petition Rejection Application in Zahirabad Parliamentary Constituency Election Dispute. Non-disclosure of Criminal Cases in Affidavit and Alleged Violation of Election Commission Guidelines Constitute Triable Issues Under Representation of People Act, 1951.

1 Jan 2023

The Supreme Court dismissed the appeal filed by Bhim Rao Baswanth Rao Patil, the successful candidate from Zahirabad Parliamentary Constituency in the...

High Court

Bombay High Court Allows Writ Petition Challenging Appointment of Chief Officer in Municipal Corporation — Appointment Set Aside for Violation of Statutory Rules and Lack of Consultation with Director of Municipal Administration. The court held that the requirement of consultation with the Director of Municipal Administration under Section 54 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and Rule 4 of the Maharashtra Municipal Councils (Chief Officers) Recruitment Rules, 1975 is mandatory and failure to consult renders the appointment void.

3 May 2023

The petitioner, Shri Pradip Bapurao Jambhale-Patil, filed a writ petition challenging the appointment of Respondent No.1, Smt. Smita Gangaram Zagade, ...

High Court

Bombay High Court Allows Writ Petition Challenging Tahsildar's Order Rectifying Mutation Entry in Land Dispute — Holds Revenue Authority Cannot Adjudicate Title in Summary Proceedings Under Maharashtra Land Revenue Code, 1966. The impugned order was set aside for lack of jurisdiction and violation of natural justice, and the Tahsildar was directed to restore the mutation entry as it stood prior to the order.

10 Aug 2023

The petitioners, Namdev Mahadu Jambhulkar and others, filed a writ petition challenging an order dated 10th December 2021 passed by the Tahsildar, Mul...

High Court

Bombay High Court Quashes Disqualification of Sarpanch Under Maharashtra Village Panchayats Act — No Conflict of Interest Found in Contract Awarded to Husband. Disqualification under Section 14(1)(g) read with Section 16 of the Maharashtra Village Panchayats Act, 1958 set aside as the contract was awarded before the petitioner became Sarpanch and there was no direct or indirect interest in the contract.

27 Jan 2022

The petitioner, Sarpanch of Village Panchayat Malwada, was disqualified by the Collector Nanded under Section 14(1)(g) read with Section 16 of the Mah...

High Court

Bombay High Court Quashes Search and Seizure Conducted by Karnataka Police in Maharashtra Without Jurisdiction — Warrant Issued by Magistrate Outside Territorial Limits Invalid Under CrPC. The court held that a Magistrate cannot issue a search warrant for execution outside his territorial jurisdiction without following Sections 78 or 79 of the Code of Criminal Procedure, 1973, and the seizure based on such invalid warrant is illegal.

7 May 2021

The petitioners, traders in Nagpur, Maharashtra, challenged the seizure of rice bags from their godowns by the Karnataka Police (respondent No.1) acti...

High Court

Bombay High Court Dismisses Appeal in Trade Union Dispute — No Interference with Industrial Court's Discretionary Order. The Court held that the Single Judge rightly declined to interfere under Article 227 of the Constitution as the Industrial Court's order granting interim relief under Section 28/2 of the Trade Union Act, 1926 was not perverse or without jurisdiction.

21 Apr 2011

The appellant, Niranjankumar Shah, General Secretary of Lal Zenda Coal Mines Majdoor Union (CITU), filed a Letters Patent Appeal against the judgment ...

High Court

Bombay High Court Upholds Removal of Junior Clerk for Misconduct and Habitual Absence from Duty. Disciplinary Authority's Order of Dismissal Confirmed as Charges of Negligence and Insubordination Were Proved in Departmental Enquiry.

24 Jan 2012

The petitioner, Shivdas Dodku Borkar, was a Junior Clerk in the District Court, Nagpur, and was posted at Narkhed. He was subjected to disciplinary pr...

High Court

Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

4 Apr 2013

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

High Court

Bombay High Court Dismisses Appeal Against Probate Granted to Executors of Will — Will Proved in Manner Required by Section 63 of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872

8 Aug 2014

The appeal arose from a probate proceeding concerning the Will of Purvez Burjor Dalal, a Parsi who died on 7th December 2011. The appellant, Manek Dar...

High Court

Bombay High Court Upholds Decree for Specific Performance of Contract in Property Sale Dispute. Suit for specific performance of agreement to sell house decreed as plaintiff proved readiness and willingness to perform her part of contract.

17 Nov 2014

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by original defendant No. 2, Venunath Sambha More, cha...

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