Search Results for "Arbitrary Refusal"

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Bombay High Court Allows Municipal Corporation's Appeals in Encroachment Dispute, Holding Civil Court Lacks Jurisdiction. Shopkeepers' Suits for Declaration of Title and Injunction Dismissed as Property Vested in Corporation Under Bombay Municipal Corporation Act, 1888.

The Municipal Corporation of Greater Mumbai and its Assistant Municipal Commissioner filed appeals against an interim order passed by the City Civil C...

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Bombay High Court Dismisses Appeal in Property Dispute, Upholds Trial Court's Refusal to Vacate Injunction. Court holds that a tenant cannot be dispossessed without due process of law and that the trial court's order refusing to vacate ad-interim injunction was not perverse.

The appeal arose from a judgment and order dated 24th June 2004 passed by the learned trial Judge on Applications at Exh.5 and Exh.36 in Special Civil...

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High Court of Bombay at Nagpur Allows PIL Challenging MCI's Rejection of PG Seat Increase Applications for Lack of Consent of Affiliation. The court held that the requirement of Consent of Affiliation is directory and not mandatory, and that the MCI must process the applications on merits.

The Indian Medical Association, Nagpur, filed a Public Interest Litigation challenging a communication dated 28-12-2012 issued by the Board of Governo...

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Bombay High Court Dismisses Writ Petition by Court Officers Seeking Parity in Pension and Retirement Benefits with Higher Judicial Officers. Classification of employees into Class I and Class II based on duties and responsibilities is valid and not discriminatory under Articles 14 and 16 of the Constitution.

The petitioners, fifteen officers of the High Court of Bombay holding positions such as Registrar, Prothonotary, Commissioner for Taking Accounts, Add...

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Bombay High Court Cancels Bail Granted Under Section 437(6) CrPC for Non-Completion of Trial Within 60 Days of Charge Framing. The court held that the Magistrate failed to consider the prosecution's application for further investigation under Section 173(8) CrPC, which justified the delay in trial.

The applicant, UT Worldwide India Pvt. Ltd., filed five criminal applications seeking cancellation of bail granted to respondent no. 2 (the accused) b...

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Bombay High Court Quashes NCW Proceedings Against KPMG in Service Dispute. National Commission for Women Lacks Jurisdiction Over Employment Grievances Under Section 10 of the National Commission for Women Act, 1990.

The petitioners, KPMG India Pvt. Ltd. and its Company Secretary Harsh Sagar Goyal, filed a writ petition seeking to quash proceedings initiated by the...

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Supreme Court Quashes Criminal Proceedings Against IAS Officer in Arms License Case Due to Inordinate Delay and Lack of Sanction. The court held that unexplained delay of 20 years and absence of valid sanction under Section 197 CrPC vitiate the prosecution.

The Supreme Court allowed the appeal filed by Robert Lalchungnunga Chongthu @ R L Chongthu, an IAS officer of the Bihar Cadre, against the judgment of...

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Bombay High Court Dismisses Writ Petition Seeking Mandamus for Insurance Compensation for Crop Loss Due to Pest Attack. Court holds that pest attack is not an insured peril under the Crop Insurance Scheme and that the petitioner failed to establish any legal duty or right to claim compensation.

The petitioner, Libaraj s/o Tulshiram Tikle, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurang...

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Bombay High Court Quashes Inquiry Officer's Penalty Order for Lack of Jurisdiction in Misdescription of Cargo Case. Container Corporation of India's Inquiry Officer acted without authority under the Indian Railways Act, 1989 and the Railways (Punitive Charges for Misdescription of Goods) Rules, 2004.

The case involves two writ petitions arising from an order dated 10.09.2012 passed by an Inquiry Officer, Shri Srinivas Mudgerikar, appointed by the H...

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Bombay High Court Dismisses Challenge to Revisional Order Directing Trial Court to Issue Witness Summons — Objection as to Maintainability of Revision Without Leave Not Raised Before Lower Court Cannot Be Raised for First Time in Appeal Unless Miscarriage of Justice Shown

The applicant, Sunil Chanchlani, challenged an order dated 10th March 2014 passed by the Additional Sessions Judge, Nagpur in Criminal Revision No.464...