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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "arbitrary discretionary power"

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High Court

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.

8 Aug 2024

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

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Binding on Owner as Attorney Exceeded Authority. Court holds that a power of attorney must be strictly construed and the attorney cannot bind the principal beyond the express terms of the power, setting aside the decree for specific performance.

15 Jan 2013

The 1st respondent, R. Krishnamurthy, filed a suit for specific performance of an agreement to sell property No.1236, 3rd Cross, I Block, HAL III Stag...

High Court

Bombay High Court Dismisses Appeals as Not Maintainable: Order on Territorial Jurisdiction Not Appealable Under Section 13 of Commercial Courts Act. The Court Holds That Orders Under Section 9-A CPC Are Not Enumerated in Order XLIII CPC or Section 37 Arbitration Act, Limiting Appeals in Commercial Disputes.

14 Sep 2017

The dispute arose out of two commercial suits filed before the Bombay High Court, where the plaintiffs claimed reliefs and the defendants raised preli...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

High Court

Bombay High Court Quashes Closure Order Against Distillery in Pollution Case — Violation of Natural Justice. Maharashtra Pollution Control Board's order under Sections 33-A and 31-A of Water and Air Acts set aside for non-compliance with principles of natural justice and failure to consider petitioner's reply.

19 Oct 2023

The petitioner, Baramati Agro Ltd., a company registered under the Companies Act, 1956, is engaged in manufacturing sugar, allied products, and ethano...

High Court

Bombay High Court Allows Import of Peas Under Restricted Category Based on Pre-Notification Contracts. Petitioners' goods cleared as contracts entered prior to amendment notification dated 29.03.2019 under Section 3 of Foreign Trade (Development and Regulation) Act, 1992.

15 Oct 2020

The petitioners, M/s. Harihar Collections and M/s. Raj Grow Impex LLP, are engaged in the import and export of agricultural commodities. They imported...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Compensation Under Petroleum and Minerals Pipelines Act, 1962. Court upholds Competent Authority's award of compensation for right of user over land for pipeline, finding no error in market value determination or procedural compliance.

27 Mar 2023

The petitioner, Gangadhar Karbhari Jadhav, filed a writ petition under Article 226 of the Constitution of India challenging the compensation awarded b...

High Court

Bombay High Court Allows Appeals in Insolvency Case, Holds Insolvency Court Has Jurisdiction Over Stranger Claims Under Presidency Towns Insolvency Act. The court set aside the Single Judge's order that the insolvency court lacked jurisdiction to entertain proceedings against a stranger claiming tenancy rights, and remanded the matter for fresh consideration.

20 Jun 2013

The case involves two appeals arising from a decision of a Learned Single Judge of the Bombay High Court in insolvency proceedings under the Presidenc...

High Court

High Court of Bombay Reviews Writ Petition in Defence NOC and Commencement Certificate Dispute — Petitioners Challenge MCGM Refusal to Issue Further Commencement Certificate for Cessed Building Redevelopment Near Mazagaon Dock. Writ Petition Seeks Certiorari Against Orders Dated 18 April 2018 and 4 May 2018 and Mandamus for Commencement Certificate, Relying on Absence of NOC Requirement and Applicability of Official Secrets Act Notification.

9 Dec 2022

The dispute arose from a writ petition under Article 226 of the Constitution of India filed by five petitioners, including individual landowners and a...

High Court

Bombay High Court Dismisses Suit Against Diamond Bourse Suspension — Private Association's Internal Decisions Not Subject to Judicial Review. The court held that the Bharat Diamond Bourse, as a private company, had the right to regulate its membership and premises, and its actions were not amenable to writ jurisdiction or public law remedies.

16 Aug 2016

The plaintiffs, VSM Diamonds Pvt Ltd and three individuals, filed a suit against Bharat Diamond Bourse (BDB), a company incorporated under Section 25 ...

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