Search Results for "revision under Article 227"

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Bombay High Court Dismisses Writ Petition by Cooperative Bank's Recovery Officer Against Auction Sale of Property. Sale by cooperative bank under MCS Act is not a sale under Transfer of Property Act, and recovery officer is not a court or tribunal under Limitation Act.

The petitioner, the Special Recovery Officer/Sales Officer of Dr. Annasaheb Chougule Urban Cooperative Bank Ltd., filed a writ petition under Article ...

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High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

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Bombay High Court Allows Revision, Discharges Former Collector in Corruption Case for Lack of Sanction Under Section 197 CrPC. Allegations of inflated literacy drive figures fail as court finds acts were in discharge of official duty requiring prior sanction.

The applicant, Prakash Murlidhar Bhishikar, a retired IAS officer, served as Collector of Buldhana between 1993 and 1996. He was assigned the work of ...

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Bombay High Court Reviews Tahsildar's Jurisdiction Under Maharashtra Land Revenue Code in Mineral Extraction Penalty Case. Writ petitions challenged penalty orders for illegal mineral extraction and raised interplay of Sections 48(7) and 330A regarding authorization and delegation of powers.

The judgment, delivered by the Bombay High Court (Aurangabad Bench), addressed three writ petitions filed by Montecarlo Ltd. Iron Triangle (Joint Vent...

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Karnataka High Court Upholds Constitutional Mandate for Timely Municipal Elections in BBMP. Amendment Act 17 of 2020 struck down as ultra vires Article 243-U of the Constitution.

The case involved a public interest litigation filed by two corporators of the Bruhat Bengaluru Mahanagara Palike (BBMP) seeking directions to conduct...

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High Court of Karnataka Allows Transfer of Matrimonial Case from Bengaluru to Gadag on Grounds of Wife's Convenience Under Section 24 CPC. The court overruled maintainability objection and held that the Dharwad Bench has jurisdiction to transfer cases from any district in Karnataka.

The petitioner, Shivaleela Bellad, filed a transfer petition under Section 24 of the Code of Civil Procedure, 1908 (CPC) seeking transfer of M.C. No. ...

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Bombay High Court Allows Municipal Council's Petition Challenging Ex Parte Stay in Rent Revision Appeals — Pre-deposit Under Section 170 of Maharashtra Municipal Councils Act Mandatory Before Entertaining Appeals Against Rent Demands.

The Municipal Council, Achalpur filed a writ petition seeking to treat it as a representative petition for 74 appeals filed against it by occupiers/al...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Land Dispute — No Interference Under Article 227 as Findings of Fact Are Not Perverse. The court held that concurrent findings of fact based on evidence cannot be interfered with under Article 227 of the Constitution of India.

The case involves a writ petition filed by the petitioners (heirs of the original plaintiff) challenging the concurrent findings of the lower courts i...

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Bombay High Court Allows ONGC's Petition Against Industrial Tribunal Award on Pay Fixation for Contract Workers. The Court held that the Tribunal exceeded its jurisdiction by directing ONGC to directly pay wages to contract labour without a finding of employer-employee relationship.

The writ petition was filed by Oil and Natural Gas Corporation Limited (ONGC) challenging an award passed by the Central Government Industrial Tribuna...