Search Results for "discretionary grant"

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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 "discretionary grant"

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High Court

Bombay High Court Quashes NGT Directions Against Hikal Ltd. in Gas Leak Case — Tribunal Exceeded Jurisdiction by Issuing Directions Without Proper Notice and Hearing. The Court held that the NGT's suo motu proceedings and subsequent orders directing closure and compensation violated principles of natural justice and the procedural requirements under the National Green Tribunal Act, 2010.

22 Feb 2024

The petitioner, Hikal Ltd., a chemical manufacturing company, challenged the orders of the National Green Tribunal (NGT) dated 18th January 2022 and 2...

High Court

Bombay High Court Quashes NGT Directions Against Hikal Ltd. in Gas Leak Case — Tribunal Exceeded Jurisdiction by Issuing Directions Without Considering Petitioner's Response. The Court held that the NGT violated principles of natural justice by not affording a hearing to the petitioner before imposing liability and directing closure of its unit under the Environment Protection Act, 1986 and the Water (Prevention and Control of Pollution) Act, 1974.

22 Feb 2024

The petitioner, Hikal Ltd., a chemical manufacturing company with a factory in Taloja, Maharashtra, challenged orders of the National Green Tribunal (...

High Court

Bombay High Court Allows Bail Under Section 437(6) CrPC for Trial Delay Beyond 60 Days — Accused Entitled to Default Bail Despite Seriousness of Offence. The court held that Section 437(6) CrPC is mandatory and once the statutory period expires without trial conclusion and accused not at fault, bail must be granted.

19 Jul 2022

The applicant, Snehdip S/o Shriram Soni, was arraigned as accused No.1 in a crime registered at Gadchiroli Police Station for offences under Sections ...

High Court

Bombay High Court Allows Bail Under Section 437(6) CrPC for Trial Delay Beyond 60 Days — Accused Entitled to Default Bail Despite Seriousness of Offence. The court held that Section 437(6) CrPC is mandatory and confers a right to bail if trial is not concluded within 60 days from first date of evidence, and the accused is not responsible for the delay.

19 Jul 2022

The applicant, Snehdip S/o Shriram Soni, was arraigned as accused No.1 in a crime registered for offences under Sections 420, 465, 467, 468, 471 read ...

High Court

Bombay High Court Dismisses Writ Petition Seeking Reconveyance of Land Transferred for Electricity Sub-Station. Petitioner's claim of coercion and duress after ten years rejected as the transfer was a voluntary commercial transaction under a registered Deed of Transfer.

25 Nov 2022

The petitioner, Goan Real Estate and Construction Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Suit for Specific Performance — Plaint Not Barred by Section 10 of Transfer of Property Act, 1882. Agreement to Sell with Restriction on Alienation Does Not Render Contract Void Under Section 10 of TPA.

25 Jul 2025

The appellant/plaintiff filed a suit for specific performance of an agreement to sell dated 24.01.2023 executed by the respondent/defendant in respect...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance of Redevelopment Agreement with Cooperative Society. Court holds that a developer cannot enforce an MoU and Development Agreement against a cooperative society when the society's general body has not validly passed a resolution under the Maharashtra Cooperative Societies Act, 1960, and the agreements are not binding on the society.

6 Nov 2012

The Plaintiffs, Mana Builders and Developers Pvt. Ltd. and others, filed a suit for specific performance of a Memorandum of Understanding (MoU) dated ...

High Court

Bombay High Court Quashes Provisional Attachment and Orders Stay of Recovery in Income Tax Case — Violation of Natural Justice and Non-Compliance with CBDT Circular. The Assessing Officer's failure to record reasons and provide hearing under Section 281B, and ignoring CBDT Circular on stay of demand, led to setting aside of attachment and recovery proceedings.

26 Mar 2019

The Petitioner, Milestone Real Estate Fund, a trust, challenged the provisional attachment order dated 18.12.2018 under Section 281B of the Income Tax...

High Court

Bombay High Court Quashes Demolition Notice Under Section 354 of MMC Act for Violation of Natural Justice — Notice Issued Without Prior Hearing and Without Proper Application of Mind. The court held that a demolition notice under Section 354 of the Mumbai Municipal Corporation Act, 1888, must be preceded by a proper inquiry and an opportunity of hearing to the affected persons.

9 Jul 2019

The petitioners, residents of SmitDeep Apartment in Mumbai, challenged a notice dated 28 September 2015 issued under Section 354 of the Mumbai Municip...

High Court

Bombay High Court Dismisses Licensee's Writ Petition Against Eviction Decree in Leave and License Dispute — Licensee Failed to Renew Agreement Despite Licensor's Readiness, Eviction Upheld Under Presidency Small Cause Courts Act, 1882.

28 Aug 2019

The petitioner, Suhas Janardan Chavan, proprietor of M/s. Suhas Hydro Systems, was a licensee of an industrial shed admeasuring 4000 sq. ft. under a l...

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