Search Results for "discretionary orders"

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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 "discretionary orders"

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High Court

Bombay High Court Dismisses Writ Petition Seeking Reconveyance of Land Transferred for Electricity Sub-Station. Petitioner's claim of coercion and duress after ten years rejected as the transfer was a voluntary commercial transaction under a registered Deed of Transfer.

25 Nov 2022

The petitioner, Goan Real Estate and Construction Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

High Court

Bombay High Court Dismisses Petition Challenging Height Restrictions Near Naval Air Station — No Violation of Right to Development Found. Height restrictions imposed under Section 9A of the Aircraft Act, 1934 and Rule 44 of the Aircraft Rules, 1937 for safety of aircraft operations are reasonable and not arbitrary.

9 Dec 2022

The petitioners, Vikram Delite Co-operative Housing Society Ltd., Shree Ramkrishn Enterprises, and Parikshit Miglani, filed a writ petition under Arti...

High Court

High Court of Bombay Dismisses Customs Appeal in Customs Broker Licensing Case — First Breach Considered Mitigating Factor. The court upheld the CESTAT order reducing penalty for Mahavir Logistics, a customs broker, on the ground that it was the first breach under the Customs Brokers Licensing Regulations, 2013.

7 Dec 2022

The Principal Commissioner of Customs (General) appealed against an order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai, w...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application to Recall Witness and File Additional Documents in Eviction Suit. Order under Order 18 Rule 17 CPC is discretionary and cannot be used to fill gaps in evidence after closure of plaintiff's evidence.

24 Mar 2021

The petitioner, Pandharinath L. Bhandari, filed a writ petition challenging the order dated 12 July 2018 passed by the Small Causes Court at Bandra, M...

High Court

Bombay High Court Allows Appeal in Retrenchment Case — Non-Compliance with Section 25-F of Industrial Disputes Act Does Not Automatically Entitle Workman to Reinstatement; Compensation of Rs. 50,000 Awarded Instead. The court held that relief for illegal retrenchment is discretionary and depends on facts such as nature of employment and length of service.

29 Jun 2021

The appellant, Hemant Babruvahan Parchake, was appointed as a Senior Caretaker on a daily wage basis by the respondent Social Welfare Officer and Dist...

High Court

Bombay High Court Allows Petitions Against Stop Work Notice and Demolition Order in Cantonment Area — Holds That Repair of Old Grant Bungalow Does Not Require Prior Permission Under Revised Land Policy of 1995.

16 Oct 2020

The petitioners, legal heirs of late Smt. Homai Nussarwanji Pudumjee, were occupancy holders of bungalow No.6, Maneckji Mehta Road, Pune, an old grant...

High Court

High Court Grants Bail to Accused in Multiple Offence Case Under BNS and IMV Act — Petitioner Not Required for Custodial Investigation. Bail granted under Section 483 BNSS as custodial investigation not required and no recovery to be made from accused No.1 in Crime No. 0226/2024.

7 Apr 2025

The petitioner, Arbaz Khan @ Arbaj S/o Sardar Khan, filed a criminal petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Suit for Specific Performance — Plaint Not Barred by Section 10 of Transfer of Property Act, 1882. Agreement to Sell with Restriction on Alienation Does Not Render Contract Void Under Section 10 of TPA.

25 Jul 2025

The appellant/plaintiff filed a suit for specific performance of an agreement to sell dated 24.01.2023 executed by the respondent/defendant in respect...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Case — Agreement Not Duly Proved Against Purdanashin Woman. Court holds that the first Appellate Court erred in decreeing suit for specific performance without considering the defendant's status as a purdanashin Muslim woman and the improbability of her entering into an agreement with the murderer of her husband.

7 Jul 2010

The case involves a second appeal filed by the original defendant, Smt. Mumtajbi, against the judgment of the first Appellate Court which decreed a su...

High Court

Bombay High Court Allows ESI Corporation's Appeal, Holds ESI Court Cannot Waive Statutory Interest Under Regulation 31A of ESI (General) Regulations, 1950. The ESI Court's order waiving interest on delayed contributions was set aside as the interest is mandatory and not discretionary.

9 Apr 2012

The Regional Director of the Employees' State Insurance Corporation (ESIC) appealed against an order of the ESI Court which, while disposing of an app...

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