Search Results for "mandatory obligation"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "mandatory obligation"

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High Court

Bombay High Court Dismisses Petition Seeking Mandamus to Register FIR in Economic Offences Case — No Mandatory Duty to Register FIR on Private Complaint Without Preliminary Inquiry. Court Holds That Police Have Discretion to Conduct Preliminary Inquiry Before Registering FIR Under Section 154 CrPC, and Writ of Mandamus Cannot Be Issued to Compel Registration.

26 Nov 2010

The petitioner, Mrs. Charu Kishor Mehta, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a writ of mandamus to c...

High Court

Bombay High Court Dismisses Appeal Against Order Requiring Preliminary Issue on Jurisdiction Under Section 9A CPC. Once a Jurisdictional Objection is Raised, the Court Must Frame a Preliminary Issue Even if the Defendant Later Seeks to Withdraw It at the Interlocutory Stage.

15 Feb 2011

The First Respondent (Mumbai International Airport) filed a suit against the Appellant (Mukund Ltd.), the Airports Authority of India, and the State o...

High Court

Bombay High Court Allows Minority Institution's Petition to Establish Women's Science College. Government Policy Barring New Colleges Cannot Be Applied to Minority Institutions Under Article 30 of the Constitution.

4 May 2011

The petitioner, Social Society Morba, a public trust registered under the Public Trust Act, 1960 and the Societies Registration Act, 1860, claimed to ...

High Court

Bombay High Court Dismisses Petition Challenging Trade Circulars Restricting CST Exemption to Registered Dealers. State Government Cannot Grant Exemption for Inter-State Sales to Unregistered Dealers Under Section 8(5) of Central Sales Tax Act, 1956 After 2002 Amendment.

30 Aug 2012

The petitioners, Prism Cement Limited and its shareholder/director, filed a writ petition challenging three trade circulars issued by the Commissioner...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Advertising Contract Dispute. Court Upholds Award of Rs.29,51,000 with 12% Interest for Breach of Contract Relating to Free Commercial Time Banking Policy.

10 Sep 2012

The petitioners, M/s. Media Masters and its partner, challenged an arbitral award dated 13th March, 2009 passed by a Sole Arbitrator. The award allowe...

High Court

Bombay High Court Quashes Industrial Court Order in Unfair Labour Practice Case — Agreement Not Proved. Non-recognized union cannot enforce alleged agreement; burden of proof on complainant to establish agreement and unfair labour practice under MRTU & PULP Act.

7 Sep 2012

The Thane Municipal Corporation and its officers filed a writ petition challenging an order of the Industrial Court, Thane, dated 4 November 2011, whi...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Other Mandatory Provisions. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

1 Apr 2019

The appellants, Raju Dhanju Rathod and Ramesh Liganna Mudraj, were convicted by the Special Court for NDPS, Bombay, for offences under Section 20(c) r...

High Court

Bombay High Court Upholds Validity of Section 6A of Essential Commodities Act for Confiscation of Essential Commodities — Mere Seizure of Essential Commodities Not Sufficient for Confiscation Without Mens Rea. The Court held that Section 6A of the Essential Commodities Act, 1955 requires mens rea for confiscation of seized essential commodities, and mere seizure without proof of intentional violation of control order does not justify confiscation.

1 Aug 2019

The present reference arose from an order dated 16/03/2019 passed by a Division Bench of the Bombay High Court, Nagpur Bench, in Criminal Application ...

High Court

Bombay High Court Dismisses Defendant's Chamber Summons to Strike Out Affidavit of Evidence in Specific Performance Suit — Affidavit of Evidence Not a Pleading Under Order 6 Rule 16 CPC. Court Holds That Averments Not in Written Statement May Be Allowed If They Do Not Introduce a New Case or Cause Prejudice.

20 Mar 2013

The Plaintiffs filed a suit for specific performance of a contract based on an unsigned MOU. The Defendant filed a written statement after a delay of ...

High Court

Bombay High Court Quashes Land Acquisition Declaration for Sugar Factory Due to Non-Compliance with Section 5A of Land Acquisition Act, 1894. Collector Failed to Prepare Independent Report or Submit Recommendations, Relying Instead on Beneficiary's Chart, Rendering Section 6 Declaration Invalid.

21 Mar 2006

The petitioners, Sukumar M. Khot and others, challenged a declaration under Section 6 of the Land Acquisition Act, 1894, published on 23 June 2005, wh...

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