Search Results for "arbitrary discretionary power"

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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 "arbitrary discretionary power"

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Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

High Court

Bombay High Court Directs MCGM to Consider New Building Proposal Application Under Section 44 of MRTP Act on Merits. The court held that each application must be decided independently and the MCGM cannot refuse to consider a fresh application based on earlier rejections.

20 Sep 2022

The petitioners, Kaalkaa Real Estates Private Limited and its director Kanta Ramchandra Rane, filed a writ petition under Article 226 of the Constitut...

Supreme Court

Supreme Court Upholds High Court's Quashing of Land Allotment Policy for Cooperative Societies in Andhra Pradesh — Violation of Article 14 and Lack of Transparency. Preferential allotment of government land at basic rates to MPs, MLAs, Judges, AIS officers, and journalists held arbitrary and unconstitutional.

13 Dec 2024

The case involves cross appeals against a Division Bench judgment of the Andhra Pradesh High Court dated 05.01.2010, which partly allowed writ petitio...

Supreme Court

Supreme Court Allows Appellant in Tender Dispute, Quashing High Court's Order and Permitting Project Completion. The Court held that judicial review in tender matters is limited to examining legality under Article 14 of the Constitution, and interference is unwarranted unless the decision is manifestly arbitrary, unjust, or mala fide, as per Tata Cellular v. Union of India.

21 Mar 2022

The dispute arose from a tender process initiated by the Road Construction Department of Jharkhand for the reconstruction of Nagaruntari–Dhurki–Am...

High Court

High Court of Bombay Dismisses Toddy Shop Owners' Challenge to Government Resolution Requiring 1000 Palm Trees for Licence — Condition Upheld as Reasonable to Prevent Adulteration. Court Rules That Licence Renewal Under Maharashtra Toddy Shops (Grant of Licences by Auction-cum-Tender) Order, 2001 Is Discretionary and State Policy Change Is Permissible.

20 Mar 2017

The dispute arose from writ petitions filed by toddy shop owners in Mumbai challenging a Government Resolution dated 28 October 2016 that imposed a re...

High Court

Bombay High Court Dismisses Writ Petition Challenging Termination of E-Ticketing Contract, Directs Parties to Arbitration. Contractual disputes involving disputed questions of fact are not amenable to writ jurisdiction under Article 226 of the Constitution of India when an arbitration clause exists.

22 Jul 2024

The Petitioner, a Private Limited Company, challenged the termination notice dated 13.06.2024 issued by the Respondent No.2 – Aurangabad Smart City ...

High Court

Bombay High Court Quashes Regularisation of Unauthorised Construction on Public Drain by Thane Municipal Corporation Commissioner. Commissioner's Order Under MRTP Act and MMC Act Held Arbitrary and Ultra Vires as Construction Obstructed Water Course and Was Not for Genuine Access.

7 Oct 2024

The case involves a writ petition filed by residents of Tarangan Housing Complex, Thane, challenging a regularisation order dated 05 February 2005 iss...

High Court

Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Enquiry Officer's Report Not Furnished to Contractor Before Imposing Ban, Rendering Order Arbitrary and Unreasonable Under Article 14.

8 Aug 2016

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by Respondent No.2, Oil and N...

High Court

Karnataka High Court Dismisses Quo-Warranto Petitions Challenging KPSC Appointments, Upholds Executive Power Under Article 316. Court Rules That Article 316 is a Complete Code and No Rules are Required for Appointing Chairman and Members of the State Public Service Commission.

27 Jul 2023

Two public interest litigations were filed by Shashi Prasad Gandhi and T. Narasimhamurthy challenging the appointments of the Chairman and members of ...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

30 May 2019

The Petitioner, Provident Multi-Trading Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim reli...

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