Search Results for "Section 42(2) violation"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Section 42(2) violation"

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High Court

Gujarat High Court Quashes Notice of Accusation in Cheque Dishonour Case Due to Non-Compliance with Mandatory Pre-Litigation Mediation Under Section 148 of NI Act. The court held that Section 148 of the Negotiable Instruments Act, 1881 mandates pre-litigation mediation before filing a complaint under Section 138, and non-compliance renders the complaint not maintainable.

13 Jan 2026

The petitioner, Sanjay Singh, filed a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha ...

High Court

High Court of Karnataka Allows Writ Petition Seeking Release of Passport Seized Under Section 10(3)(h) of Passports Act, 1967 — Petitioner, a Nurse Working in Yemen, Had Passport Withheld on Allegation of Human Trafficking, Court Finds No Prima Facie Case and Orders Return of Passport.

4 Jun 2024

The petitioner, Shany Jose, a qualified nurse with a Diploma in General Nursing and Midwifery, worked in Yemen from February 2011 at various hospitals...

High Court

Bombay High Court Allows Petition Challenging Electricity Theft Assessment Under Section 126 of Electricity Act, 2003 — Procedural Violation Found as No Prior Notice or Opportunity of Hearing Was Given Before Provisional Assessment. The court held that the requirement of 'reasonable opportunity of being heard' under Section 126(1) is mandatory and cannot be dispensed with, quashing the assessment order and directing fresh proceedings.

22 Feb 2024

The petitioners, City Center Mall Private Limited and Shrirang Sarda, filed a writ petition under Article 226 of the Constitution of India before the ...

High Court

Bombay High Court Quashes Land Acquisition Notifications and Award for Highway Project Due to Incorrect Land Descriptions. Petitioners' lands were wrongly described in Section 3A and 3D notifications under the National Highways Act, 1956, leading to denial of opportunity to object and violation of principles of natural justice.

3 Aug 2023

The petitioners, Govind Poslya Gavit and Vilas Vijaysing Valvi, filed a writ petition before the Bombay High Court challenging the land acquisition pr...

Supreme Court

Supreme Court Allows Tenant's Appeal in Rent Control Vacancy Dispute — Revision Against Vacancy Order Held Maintainable Despite Earlier Writ Dismissal. The Court held that an order notifying vacancy is only a step in the process of allotment and can be challenged along with the final order under Section 18 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

1 Jan 2020

The appeal arises from a rent control dispute concerning House No.61/8, Ground Floor, Green Pasture View, Landhour Bazar, Mussoorie. Rashid Ahmed was ...

High Court

High Court of Karnataka Allows Anganwadi Worker's Petition Challenging Termination Without Enquiry - Violation of Natural Justice Leads to Reinstatement with Back Wages. Termination Order Quashed as No Opportunity of Hearing Was Given Before Termination.

8 Sep 2015

The petitioner, Yallamma, an Anganwadi worker, filed two writ petitions challenging her termination order dated 20.12.2011 and an endorsement dated 05...

High Court

Bombay High Court Allows Second Appeal in MRTP Act Case — Notice Under Section 53(1) Challenged as Nullity for Shortfall in Statutory Period. Bar Under Section 149 of Maharashtra Regional and Town Planning Act, 1966 Does Not Apply When Notice Itself Is Invalid Due to Non-Compliance with Mandatory Period.

20 Jan 2015

The appellant, Kishor S/o Ramalu Telang, was the original plaintiff who received a notice dated 18.11.2010 under Section 53(1) of the Maharashtra Regi...

High Court

Bombay High Court Allows Second Appeal in MRTP Act Case — Notice Under Section 53(1) Challenged as Nullity for Shortfall in Statutory Period. Bar Under Section 149 of Maharashtra Regional and Town Planning Act, 1966 Does Not Apply When Notice Itself Is Invalid for Non-Compliance with Mandatory Period.

20 Jan 2015

The appellant, Kishor S/o Ramalu @ Rambhau Telang, was the original plaintiff who received a notice dated 18.11.2010 under Section 53(1) of the Mahara...

High Court

Bombay High Court Quashes Rejection of Approval Under Section 10(23C)(vi) of Income Tax Act for Educational Trust — Non-Application of Mind and Violation of Natural Justice. The court held that the Chief Commissioner failed to consider the trust's objects and activities, and the order was passed without giving a proper hearing.

15 Jun 2012

The petitioner, Rukmanrani Education Foundations, a public charitable trust registered under the Bombay Public Trusts Act, 1951, runs schools in Mahar...

High Court

Bombay High Court Upholds Labour Court Award in Favor of Temporary Employee in Industrial Dispute — Termination of Mukadam/Patkari Held Illegal for Non-Compliance with Section 25-F of Industrial Disputes Act, 1947. Temporary Employee is a Workman Under Section 2(s) and Entitled to Reinstatement with Back Wages.

7 Jan 2010

The Petitioner, the Executive Engineer of Palkhed Canal Division, Nasik, challenged an award dated 19th June, 1996 passed by the Labour Court, Nasik, ...

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