Search Results for "Judicial precedent"

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Bombay High Court Allows Petitions Challenging Demolition of Structures by Nashik Municipal Corporation Without Proper Notice and Hearing. Demolition Without Prior Notice Violates Principles of Natural Justice Under Section 53A of MRTP Act and Section 169 of MMC Act.

The judgment involves a group of writ petitions filed by individuals and businesses challenging the demolition of their structures by the Nashik Munic...

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Bombay High Court Upholds Validity of Maharashtra Revenue Services (Recruitment) Rules, 2020 and Directs Finalization of Seniority Lists for Deputy Collectors — Seniority to be Determined by Date of Continuous Officiation, Not by Date of Regular Promotion.

The judgment pertains to a batch of writ petitions filed by Deputy Collectors and the State of Maharashtra concerning the determination of seniority o...

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Bombay High Court Holds That Power Under Section 60 of Maharashtra Police Act, 1951 Is Quasi-Judicial and Requires Speaking Orders. The appellate authority must assign reasons while disposing of appeals under Section 60 of the Maharashtra Police Act, 1951.

The case arose from a reference made by a Division Bench of the Bombay High Court (Coram: Nitin Jamdar & Sarang V. Kotwal, JJ.) which did not agree wi...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. Disputes arose from Construction Management Agreements regarding completion notices and fee obligations, with the court determining arbitration under those agreements was appropriate.

The Supreme Court of India dealt with two arbitration petitions filed by DLF Home Developers Limited (DHDL) under Section 11(6) read with Section 11(1...

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Bombay High Court Dismisses Petitions Challenging Property Tax Demands Due to Delay and Availability of Alternate Remedy. Court holds that appeals under Section 406 of BPMC Act filed after 8-18 years are grossly delayed and cannot be entertained.

The petitioner, NRC Limited, a company incorporated under the Companies Act, 1956, owned a large property in Kalyan. The Kalyan Dombivli Municipal Cor...