Search Results for "arbitrary discretionary power"

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Bombay High Court Allows Writ Petition Challenging Refusal to Appoint Recommended Candidate for Judicial Service — Failure to Disclose Adverse Material Violates Natural Justice. The Court Quashed Communications Denying Appointment and Directed Reconsideration After Providing Opportunity of Hearing.

The petitioner, Suhas Arun Malve, an advocate practicing since 2004, applied for the post of Civil Judge, Junior Division and Judicial Magistrate, Fir...

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High Court of Karnataka Dismisses Writ Petition Challenging Bank's Refusal to Release Fixed Deposits Pending Civil Suit — Bank's Obligation to Act on Court Order Not on Private Letters

The petitioner, Rajesh Kumar Shetty, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka ...

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Bombay High Court Allows Writ Petition Challenging EPF Order Due to Non-Functional Appellate Tribunal. Alternate remedy under Section 7I of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 not a bar when tribunal is vacant.

The petitioner, HVPM's Degree College of Physical Education, Amravati, through its Secretary, filed a writ petition under Article 226 of the Constitut...

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High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC.

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payment...

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High Court of Karnataka disposes writ petitions filed by home loan borrowers seeking restraint and no due certificate; court issues directions under Article 226 of the Constitution of India.

The High Court of Karnataka heard a batch of writ petitions filed by individual home loan borrowers against the Union of India, Ministry of Finance, R...

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Bombay High Court Dismisses Enforcement Petition for Foreign Award Citing Lack of Jurisdiction Due to Prior Section 34 Filing. Section 42 of Arbitration and Conciliation Act, 1996 Vests Exclusive Jurisdiction with the Court at Jamkhambalia Where the Section 34 Application Was First Filed.

The petitioners, Pacific Basin Ihx (UK) Ltd., a company incorporated in England engaged in shipping, sought enforcement of a foreign arbitration award...