Search Results for "Procedural illegality"

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Supreme Court Allows State's Appeal Against High Court Review Order in Voluntary Retirement Case. High Court Exceeded Review Jurisdiction by Reinterpreting Rule 75 of West Bengal Service Rules, 1971 Without Error Apparent on Record.

The case involves the interpretation of Rule 75 of the West Bengal Service Rules, 1971, concerning voluntary retirement. The respondent, Dr. Tonmoy Mo...

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WRIT PETITION NO. 7248 OF 2014

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Bombay High Court Grants Anticipatory Bail to Applicants in NDPS Case — No Recovery from Applicants, Only Co-accused. Section 37 NDPS Act Not Attracted as Applicants Not Found in Conscious Possession of Contraband.

The applicants, Hetan Ram Gangwani and Yash Ram Gangwani, filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking anti...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Compelling Necessity and Proximate Link. The court held that the detaining authority failed to consider alternative remedies like cancellation of bail and there was unexplained delay, vitiating the order.

The petitioner, Aniket Balaji Suryawanshi, challenged an order dated 25.10.2023 passed by the District Magistrate, Hingoli, detaining him under Sectio...

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Bombay High Court Allows Redevelopment Project Despite Narrow Road Width, Applies Promissory Estoppel Against Municipal Corporation. MCGM Estopped from Refusing Permission After Granting Initial Approval and Petitioner Acting to His Detriment.

The petitioner, Gufran Suleman Qureshi, proprietor of M/s Sirsiwala Realty, sought redevelopment of a building in Mumbai. The Municipal Corporation of...

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Bombay High Court Quashes Preventive Detention Order in MPDA Act Case Due to Non-Application of Mind and Lack of Evidence Linking Detenu to Offences. Detenu's Name Not in FIRs and In-camera Statements Not Verified by Competent Authority.

The petitioner, Santosh Subhash Koli, through his mother Sunandabai Subhash Koli, filed a criminal writ petition challenging the detention order dated...

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Bombay High Court Dismisses Petition Against Railway Land Demolition — No Encroachment Rights on Railway Land. Petitioners failed to establish any legal right to occupy railway land, and the demolition was lawful under the Railways Act, 1989.

The petitioners, seven individuals, filed a writ petition in the Bombay High Court challenging the demolition of their structures on land claimed to b...