Search Results for "statutory safeguards"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "statutory safeguards"

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Supreme Court

Supreme Court Quashes Extension Orders and Grants Default Bail to Accused in Gujarat Control of Terrorism and Organised Crime Act Case Due to Procedural Violation. The Court held that production of accused before the Special Court when considering Public Prosecutor's report for extension of investigation period under Section 20(2) of the 2015 Act is mandatory, and non-compliance renders extension orders illegal, entitling accused to default bail under Section 167(2) of Code of Criminal Procedure, 1973.

23 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions filed by accused persons charged under the Gujarat Control of T...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case — Lease Rights and Statutory Compliance Under IBC and MMC Act Upheld. The Court held that MCGM's written submissions indicating acceptance of the plan constituted consent, and the plan did not violate the MMC Act or the IBC timeline.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the order of th...

High Court

Bombay High Court Allows Challenge to Unilateral Deemed Conveyance Certificate Under MOFA Section 11 — Competent Authority Cannot Incorporate Third-Party Rights Created by Documents Other Than Section 4 Agreement. Court Directs Removal of Such References from Certificate While Relegating Parties to Civil Suit.

8 Mar 2024

The Petitioner, Riddhi Gardens Building No. A1, A2 Co-operative Housing Society Limited, challenged a certificate of unilateral deemed conveyance issu...

High Court

Bombay High Court Allows Refund of IGST on Exports Under Protest, Rejects Unjust Enrichment Claim. Payment under protest does not attract doctrine of unjust enrichment under Section 54 of CGST Act, 2017.

8 Apr 2024

The petitioner, Venus Jewel, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, challenging the refusa...

High Court

Bombay High Court Allows Termination of Arbitrator's Mandate for Lack of Section 21 Notice and De Jure Ineligibility Under Section 12 of Arbitration Act. The court held that a valid Section 21 notice is mandatory for commencement of arbitration and that an arbitrator must disclose circumstances affecting independence, failing which the mandate can be terminated.

9 Jan 2023

The applicants, Sanjeev Kumar Kailash Prasad Agarwalla and Maya Sanjeev Kumar Agarwalla, filed two applications under Section 11(5) read with Sections...

High Court

Bombay High Court Allows Writ Petitions Challenging Termination of Temporary Employees by Municipal Corporation of Greater Mumbai — Violation of Natural Justice and Section 25F of Industrial Disputes Act, 1947. Termination of temporary employees without notice or hearing is illegal; reinstatement with 50% back wages granted.

8 Dec 2021

The petitioners, Bharti Santosh Bhosale and others, were temporary employees of the Municipal Corporation of Greater Mumbai. Their services were termi...

High Court

Bombay High Court Allows Writ Petition for Transitional Input Tax Credit Under GST — Time Limit for Filing TRAN-1 Form Held Directory, Not Mandatory. The court directed the GST authorities to accept the TRAN-1 Form filed beyond the prescribed time limit, holding that the time limit was directory and the petitioner had sufficient cause for delay.

20 Mar 2020

The petitioner, Nelco Limited, a company incorporated under the Companies Act, 1956, supplies and undertakes various network-related services. It file...

High Court

Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

27 Apr 2020

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

High Court

Bombay High Court Allows Petition for TDR in DP Road Development Case — Petitioner Entitled to TDR for Roads Developed and Paid For Under DCR 33(7) and 33(8). The court held that the Petitioner is entitled to Transferable Development Rights (TDR) in the form of Floor Space Index (FSI) equivalent to the area of DP Roads developed and paid for by it, and quashed the rejection by the Respondents.

3 Jul 2020

The Petitioner, M/s Siddhi Real Estate Developers, is the owner of land admeasuring approximately 85,778 sq.mtrs. at village Dhokali, Thane. The Petit...

High Court

Bombay High Court Dismisses Writ Petition Challenging E-Auction Sale Due to Alternate Remedy Under SARFAESI Act. Petitioner, as second highest bidder, alleged collusion and system malfunction but was directed to approach Debts Recovery Tribunal.

5 Nov 2020

The petitioner, Radhika Rajesh Agarwal, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...

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