Search Results for "misconceived"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "misconceived"

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High Court

Bombay High Court Quashes Recovery Certificate for Parking Charges in Co-operative Housing Society Dispute — Jurisdiction of Assistant Registrar Under Section 154B-29 of MCS Act Not Attracted. Disputes Pertaining to Parking Must Be Adjudicated Under Section 91 of the MCS Act Before the Co-operative Court as Per Bye-Law No.174(B)(iv) of Model Bye-Laws.

7 Aug 2024

The petitioner, Smita P. Dalvi, filed a Writ Petition under Article 226 of the Constitution of India challenging an order dated 29 February 2024 passe...

High Court

Bombay High Court Dismisses Petition of Former State Chief Information Commissioner Seeking Pension and Retiral Benefits. Section 16(5) of the Right to Information Act, 2005 does not extend pensionary benefits to State Chief Information Commissioners as the phrase 'other terms and conditions of service' is limited to salary and allowances during tenure.

1 Aug 2024

The petitioner, Shri Prashant S. P. Tendolkar, a retired State Chief Information Commissioner (SCIC) of Goa, filed a writ petition under Article 226 o...

High Court

Bombay High Court Allows Writ Petitions for Pay Parity of Secretarial Staff at Goa Bench with Principal Seat. The court held that under Article 229 of the Constitution, the Chief Justice's recommendation for pay upgradation is binding on the State, and the State cannot refuse implementation on grounds of financial implications or differences in retirement age.

30 Jul 2024

The Bombay High Court at Goa disposed of two writ petitions filed by Secretarial Staff of the High Court of Bombay at Goa seeking implementation of up...

High Court

Bombay High Court Upholds Validity of Maharashtra Revenue Services (Recruitment) Rules, 2020 and Directs Finalization of Seniority Lists for Deputy Collectors — Seniority to be Determined by Date of Continuous Officiation, Not by Date of Regular Promotion.

8 Aug 2024

The judgment pertains to a batch of writ petitions filed by Deputy Collectors and the State of Maharashtra concerning the determination of seniority o...

High Court

Bombay High Court Dismisses Husband's Appeal for Divorce Under Article 4(8) of Law of Divorce — De Facto Separation Must Be 'Freely Consented' by Both Spouses. Husband's Adultery and Abandonment of Wife Precluded Finding of Free Consent Despite 25 Years of Separation.

9 Aug 2024

The appellant-husband filed a Matrimonial Petition under Article 4(4), (5) and (8) of the Law of Divorce (Divorce Act of 1910) seeking divorce on grou...

High Court

Bombay High Court Quashes FIR in Cyber Stalking Case: E-mails Lacking Sexual Content Do Not Attract Section 67 of IT Act or Sections 354, 509, 506 IPC. Court holds that vulgar language without lascivious intent or threat of injury does not constitute obscenity or criminal intimidation.

21 Aug 2024

The Petitioner, Joseph Paul de Sousa, sought quashing of FIR No. 30 of 2009 registered with the Cyber Cell, Mumbai, for offenses under Sections 354, 5...

High Court

Bombay High Court Quashes Stop Work Notice Issued by Pune Municipal Corporation Based on Proposed Prison Construction — Petitioner's Project Found Beyond 150 Meters from Prison Perimeter Wall, No Legal Basis for Restriction. The court held that rules under Section 59 of the Prisons Act, 1894, do not regulate construction beyond the perimeter walls of a Central Prison, and that property rights under Article 300A of the Constitution cannot be interfered with based on future proposals without legal backing.

27 Aug 2024

The Petitioner, Fortune Developers and Infrastructure, owned a portion of property surveyed under No.154 at Yerawada, Pune, and had already constructe...

High Court

Bombay High Court Dismisses Impleadment Application in Letters of Administration Petition — Applicant Lacks Caveatable Interest Under Hindu Succession Act. Son of Predeceased Nephew of Deceased Held Not Entitled to Be Heard as He Falls in Agnates Category, Not Class II Heirs Under Section 8 of Hindu Succession Act, 1956.

29 Aug 2024

The applicant, Nileshbhai Chandrachantbhai Suchak, filed an Interim Application seeking to be impleaded as a party respondent in Testamentary Petition...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Rent Suit Pending for 21 Years. Amendment Allowed Subject to Costs as No Irretrievable Prejudice Caused to Plaintiff.

2 Sep 2024

The petitioners, legal representatives of the original plaintiff Morarji Hariram (since deceased), filed a writ petition challenging an order dated 13...

High Court

Bombay High Court Quashes Income Tax Notices Against Company Resolved Under IBC — Clean Slate Principle Applies to Past Tax Claims. The court held that once a resolution plan is approved under Section 31 of the IBC, the corporate debtor cannot be pursued for tax liabilities that arose prior to the CIRP, as the plan is binding on all stakeholders including the Income Tax Department.

28 Aug 2024

The petitioners, Uttam Value Steels Ltd. (a company) and its director, challenged multiple notices and communications issued by the Income Tax Departm...

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