Search Results for "defective show cause notice"

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Search Results for "defective show cause notice"

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Supreme Court

Supreme Court Restores Revocation of Probate in Will Dispute — Testamentary Court Must Examine Execution and Suspicious Circumstances. High Court Erred in Limiting Testamentary Jurisdiction to Execution Only, Ignoring Non-Compliance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

21 Apr 2026

The present appeal arises from a dispute over the grant of probate of a Will dated 09.01.1976 allegedly executed by Eswaramurthy Gounder in favour of ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Suspension of Resolution Professional for Lack of Due Diligence in CIRP. Disciplinary action by IBBI under Sections 30(2)(b), (e) and 208(2)(a), (e) of the Insolvency and Bankruptcy Code, 2016 upheld as proportionate.

16 Oct 2024

The petitioner, Vijendra Kumar Jain, was appointed as Resolution Professional (RP) for M/s. Transparent Energy System Pvt. Ltd. (Corporate Debtor) by ...

High Court

Bombay High Court Allows Writ Petition Challenging Reassessment Notice Issued to Dead Person Under Section 148 of Income Tax Act, 1961 — Notice and Reassessment Order Void Ab Initio. Legal Heir's Participation Under Protest Does Not Cure Jurisdictional Defect.

13 Jul 2023

The petitioner, Shri Devendra S/o Vasudeo Jambhulkar, is the son and legal heir of late Vasudeo Damduji Jambhulkar, who was an income tax assessee wit...

High Court

Bombay High Court Quashes Distillery Licence Cancellation in Maharashtra Prohibition Act Case — Violation of Natural Justice as Show-Cause Notice Did Not Specify Grounds for Cancellation. The court held that cancellation of a distillery licence without proper notice and opportunity to be heard is unsustainable under the Maharashtra Prohibition Act, 1949.

28 Apr 2022

The petitioner, Shri Saikrupa Sugar & Allied Industries Ltd., a company running a sugar factory and distillery plant in Hiradgaon, challenged the orde...

High Court

Bombay High Court Quashes Externment Order Against Petitioners for Lack of Material and Non-Compliance with Procedural Safeguards Under Maharashtra Police Act, 1951. The court held that the externment order was not based on credible material and the show cause notice was defective, violating principles of natural justice.

9 Sep 2020

The petitioners, Bhagwat Dadasaheb Landge and Sagar Nivrutti Lute, challenged their externment from District Ahmednagar for two years under Section 56...

High Court

Bombay High Court Allows Zilla Parishad's Petition, Quashes Industrial Court Order in Unfair Labour Practice Case. The Industrial Court exceeded its jurisdiction by re-appreciating evidence in a domestic enquiry and substituting its own findings, violating the limited scope of review under the MRTU & PULP Act, 1971.

29 Jan 2020

The Zilla Parishad, Wardha, challenged the judgment and order dated 02/07/2016 of the Industrial Court, Nagpur, which allowed a complaint filed by the...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award as Not Maintainable Due to Failure to Issue Prior Notice Under Section 34(5) of the Arbitration and Conciliation Act, 1996. The Court Held That the Requirement of Prior Notice Is Mandatory and a Condition Precedent for Filing a Section 34 Application.

19 Apr 2018

The petitioner, Maharashtra State Road Development Corporation Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 t...

High Court

Bombay High Court Upholds Validity of Assessment Orders Issued in Trade Name Despite Proprietor's Participation — Estoppel by Conduct Bars Challenge to Notice. The Court held that assessment orders are not non-est merely because notices were issued in the trade name, as the proprietor participated in proceedings without objection.

15 Mar 2016

The case involves multiple sales tax references filed by the Commissioner of Sales Tax against M/s. Klip Nail Care and other respondents. The common q...

High Court

Bombay High Court Quashes Externment Order for Defective Show Cause Notice Under Section 59 Bombay Police Act, 1951. Show Cause Notice Failed to Specify Particulars of Offences and Witnesses, Violating Natural Justice.

15 Jan 2013

The petitioner, Hanuman Rajaram Mhatre, a resident of Dombivli, Thane, challenged the externment order passed by the Deputy Commissioner of Police, Zo...

High Court

Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

11 May 2012

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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