Search Results for "arbitrary discretionary power"

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High Court of Bombay Considers Interim Relief in Housing Society's Suit for Conveyance and Challenging Construction Approvals. The Court Was Hearing a Notice of Motion and an Appeal from Order Regarding Alleged Unauthorized Construction and Failure to Execute Conveyance Under MOFA.

The judgment text provided is truncated and does not include the court's analysis or final decision. From the available text, the High Court was heari...

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Supreme Court Allows Appeals of Shiksha Karmis in Bias and Natural Justice Conflict. Breach of Audi Alteram Partem Cured by Revisional Hearing Where No Actual Bias Proved Under Section 40(c) of Madhya Pradesh Panchayat Raj Act Avam Gram Swaraj Adhiniyam, 1993.

The case involves four civil appeals arising from a split verdict of the Supreme Court regarding the validity of appointments of Shiksha Karmi (Grade ...

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Bombay High Court Grants Bail to Accused in Extortion Case Due to Long Incarceration and Snail-Paced Trial. Delay in FIR and Lack of Evidence Weaken Prosecution Case Under Sections 364-A, 384, 385, 386, 387 IPC and Sections 3, 25 Arms Act.

The applicant, Mohammad Khalid Mukhtar Ahmed Shaikh, was accused No.1 in C.R. No.312 of 2020 registered with Bhiwandi City Police Station for offences...

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Bombay High Court Grants Bail to Under-Trial Accused in Murder Case Due to 9-Year Incarceration and HIV Condition. Long Incarceration Violates Right to Speedy Trial Under Article 21; Bail Granted Under Section 439 Cr.P.C.

The applicant, Ganesh Madhukar Mendarkar, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection wi...

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Bombay High Court Dismisses Petition of CISF Constable Challenging Removal from Service for Unauthorized Absence. Disciplinary Authority's Order of Removal Upheld as Not Disproportionate to Misconduct of Absence Without Leave for Over 8 Months.

The petitioner, a constable in the Central Industrial Security Force (CISF), was removed from service by an order dated 7th May 2012 issued by the Com...

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Bombay High Court Upholds Temporary Injunction in Trademark Infringement and Passing Off Case. Trial Court's Discretion Not Found Arbitrary or Perverse in Restraining Use of Deceptively Similar Mark 'Shriphal'.

The appeal arises from an order of the trial court granting a temporary injunction in favor of the respondent/plaintiff, M/s Mysore Deep Perfumery Hou...