Search Results for "arbitrary restriction"

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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...
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Search Results for "arbitrary restriction"

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High Court

Bombay High Court Dismisses Section 37 Appeal Against Arbitral Award in Stock Transaction Dispute — No Perversity or Wednesbury Unreasonableness Found. The Court held that a new argument not raised before the arbitrator or in Section 34 proceedings cannot be raised for the first time in a Section 37 appeal.

15 Apr 2024

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by SATCO Capital Markets Ltd. against Rahul H Bajaj....

High Court

Bombay High Court Dismisses Petition Challenging MCGM Circular Denying Compassionate Appointment to Family of Employee Medically Invalidated After Age 50. The court held that the age bar of 50 years is reasonable and not arbitrary, and the rejection of the son's application was valid.

12 Jan 2023

The petitioners, Pratibha Sanjay Padamalwar (widow) and Ashitosh Sanjay Padamalwar (son), filed a writ petition under Article 226 of the Constitution ...

High Court

Bombay High Court Dismisses Petitions Challenging Premium and Interest Demands for Leasehold Land Conversion in Navi Mumbai. CIDCO's demand for premium and interest under Development Charges Rules and lease terms upheld as valid and not arbitrary.

3 May 2023

The petitioners, Shelton Infrastructure Pvt Ltd, Neelkanth Infratech Co., and M/s. Juhi Habitat Pvt. Ltd., were lessees of plots in Navi Mumbai under ...

High Court

Bombay High Court Allows Visually Impaired Student to Pursue Physiotherapy — Strikes Down Blanket Ban as Unconstitutional. The court held that a complete prohibition on persons with visual impairment from studying or practicing physiotherapy violates Article 14 and the Rights of Persons with Disabilities Act, 2016, and directed individual assessment.

20 Jun 2023

The petitioner, Zill Suresh Jain, a student aged 18 years, suffers from low vision with a 40% visual impairment. She completed her SSC in March 2020 a...

High Court

Bombay High Court Allows Appeal in MVAT Case — Works Contract Valuation Must Exclude Land Value Under Rule 58. Land value deduction under Rule 58 of MVAT Rules is mandatory for works contracts involving transfer of immovable property, and the Tribunal erred in restricting deduction to 20%.

26 Jul 2023

The Appellant, Oasis Realty, an association of persons registered under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and Central Sales Tax Act...

High Court

Bombay High Court Quashes Demand for Bank Guarantee in Customs Valuation Dispute — SVB Proceedings Must Be Concluded Before Demanding Differential Duty. The court held that the demand for bank guarantee for differential duty on imports from related parties before completion of Special Valuation Branch proceedings is arbitrary and unsustainable under Section 14 of the Customs Act, 1962 and Circular No. 5/2016-Customs.

20 Dec 2022

The petitioner, Pernod Ricard India Private Limited, a company engaged in manufacturing, blending, and selling Indian made foreign liquor, filed a wri...

High Court

Bombay High Court Upholds Validity of Maharashtra Ordinance Extending Term of Managing Committees of Cooperative Societies. The Court held that the proviso to Section 73AAA(3) and proviso to Section 73CB(15) of the Maharashtra Co-operative Societies Act, 1960, as inserted by Maharashtra Ordinance No.XII of 2020, are constitutionally valid and not ultra vires Articles 14, 19(1)(c), 243-ZJ and 243-ZK of the Constitution of India.

16 Feb 2021

The petitioner, Arun Yashwant Kulkarni, filed a writ petition under Article 226 of the Constitution of India challenging the constitutional validity o...

High Court

Bombay High Court Allows Writ Petition Challenging Travel Restrictions Imposed by Look Out Circular — Right to Travel Abroad Cannot Be Restricted Without Following Procedure Established by Law. CBI Directed to Inform Petitioner Whether Any LOC Exists and to Provide Reasons, or Issue Communication to Allow Travel Without Hindrance.

8 Apr 2021

The petitioner, Om Prakash Bhatt, filed a Criminal Writ Petition before the Bombay High Court aggrieved by travel restrictions imposed upon him. Altho...

High Court

Bombay High Court Dismisses Petition Challenging 30-Year Imprisonment Order for Life Convict Under Remission Guidelines. Classification of convicts under 1992 and 2010 Guidelines for premature release held valid and not arbitrary.

28 Feb 2020

The petitioner, Amit s/o Gajanan Gandhi, a life convict undergoing imprisonment in Central Prison, Nagpur, filed a Criminal Writ Petition under Articl...

High Court

Bombay High Court Dismisses PIL Challenging MPLADS Circular Allowing Funds for Private Hospitals in COVID-19 Relief. Circular dated April 8, 2020, permitting MPLADS funds for private hospitals is intra vires the MPLAD Scheme and not arbitrary.

11 Dec 2020

The petitioner, a legal practitioner, filed a Public Interest Litigation challenging a circular dated April 8, 2020, issued by the Joint Secretary (MP...

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