Search Results for "Res Integra"

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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 "Res Integra"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Material to Show Disturbance of Public Order. The court held that preventive detention requires a threat to public order, not mere law and order issues, and that unexplained delay vitiates the order.

29 Jun 2021

The petitioner, Ganesh alias Gajaraj Sainath Patil, challenged a detention order dated 19 January 2021 passed by the Collector and District Magistrate...

High Court

High Court of Bombay at Aurangabad Dismisses Petitions Challenging Cancellation of Bail Under Section 439(2) CrPC — Addition of Stringent Offences Under MPID Act and SC/ST Act After Grant of Bail Justified Cancellation.

20 Jul 2021

The petitioners, original accused in a criminal case, had been granted regular bail by the Sessions Court. Subsequently, the prosecution sought to add...

High Court

Bombay High Court Allows Writ Petition by Secured Creditor Against Tax Recovery Attachment — Priority of Secured Creditor Over Crown Debts Upheld Under SARFAESI Act. The court held that Section 26E of the SARFAESI Act gives priority to secured creditors over income tax dues, and the attachment order passed after creation of security interest is void.

28 Jul 2021

The petitioner, Edelweiss Asset Reconstruction Co. Ltd., a securitization and asset reconstruction company registered under the SARFAESI Act, 2002, fi...

High Court

Bombay High Court Allows Transfer of Assistant Teachers to Aided Posts with Regular Pay Scales from Date of Transfer. Education Officer Cannot Unilaterally Change Effective Date of Transfer; Approval Relates Back to Date of Transfer.

22 Jul 2021

The petitioners, Sandip Dilip Thorat and Surekha Anant Kumbhar, were Assistant Teachers initially appointed on a grant-in-aid basis in unaided divisio...

High Court

Bombay High Court Partly Allows Appeal of 12 Convicts under MCOC Act for Dacoity and Rape — Sentences Reduced. The court upheld the conviction under Sections 3(1)(ii) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 but reduced the sentences considering the period of incarceration.

3 Aug 2021

The case involves an appeal by 12 appellants against their conviction under the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act). The appel...

High Court

Bombay High Court Quashes Provisional Attachment Order in PMLA Case for Lack of Scheduled Offence. Attachment of properties under Section 5(1) of Prevention of Money Laundering Act, 2002 set aside as predicate offence was not a scheduled offence under PMLA.

23 Aug 2021

The petitioners, Sunlight Housing Development Pvt. Ltd., Mukesh Doshi, Kaushal Doshi, and Mack Star Marketing Pvt. Ltd., filed writ petitions challeng...

High Court

Bombay High Court Allows Teacher's Transfer from Unaided to Aided School of Same Management - Approval Must Be Granted Under MEPS Rules. Transfer from unaided to aided section of same school is permissible under Rule 12(2) and Rule 41 of MEPS Rules, 1981; refusal by Education Officer quashed.

24 Aug 2021

The petitioner, Ajay Vishwanath Kharade, was appointed as an Assistant Teacher in the unaided section of Sant Dnyaneshwar Primary Vidyamandir, run by ...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Maharashtra Police Act — Failure to Consider Sub-Divisional Magistrate's Recommendation Renders Proceedings Invalid. The court held that the recommendation of the Sub-Divisional Magistrate to drop proceedings was binding on the Divisional Commissioner, and the issuance of a fresh show cause notice without considering it vitiated the externment order.

11 Aug 2021

The petitioner, Mr. Ravindra Sudam Adhikari, was served with a notice under Section 59 of the Maharashtra Police Act by the Sub-Divisional Magistrate ...

High Court

Bombay High Court Quashes Condition Imposing 90% Backward Class Membership in Redevelopment of PWR 219 Scheme Land — Condition Held Unreasonable and Without Legal Basis Under Article 226. The court struck down the condition as violative of Article 14 of the Constitution, finding it arbitrary and lacking statutory foundation, thereby allowing redevelopment without membership composition restrictions.

25 Aug 2021

The petitioners, members of Sangam Cooperative Housing Society Ltd., challenged a condition imposed by the Social Justice and Special Assistance Depar...

High Court

Bombay High Court Allows Mutation of Names in Revenue Records Without Collector's Permission for Transferable Land Under Maharashtra Land Revenue Code, 1966. The Court held that where the sanad records the land as transferable and heritable, no permission of the Collector is required for mutation under Section 149 of the Maharashtra Land Revenue Code, 1966.

21 Dec 2021

The judgment disposes of two writ petitions filed by Sudhir Vasu Shetty and Charisma Builders Limited against the City Survey Officer, Chembur and the...

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