Search Results for "order set aside"

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Search Results for "order set aside"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

16 Feb 2012

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

High Court

High Court of Karnataka Allows Revision Petition in Probate Matter — Court Holds That Objector Has No Locus Standi to Challenge Probate Without Caveat or Prior Interest. Section 283 of Indian Succession Act, 1925 Requires Citation to All Persons Claiming Interest; Failure to File Caveat or Enter Caveat Precludes Right to Object.

18 Dec 2020

The case involves a civil revision petition filed by the petitioners (respondents in the lower court) against an order dated 10.03.2015 passed by the ...

High Court

Gujarat High Court Quashes Dismissal of Police Constable Convicted Under Prevention of Corruption Act — Emphasizes Need for Independent Disciplinary Inquiry. Court holds that dismissal based solely on conviction without considering mitigating factors and without affording opportunity of hearing violates principles of natural justice and Article 311(2) of the Constitution.

20 Mar 2026

The petitioner, Piyushbhai Bhagvatbhai Gamit, was appointed as a Police Constable on 30.04.2001. An FIR was registered against him on 12.08.2010 under...

High Court

Bombay High Court Dismisses Writ Petition Challenging Termination of Hospital Management Agreement. Municipal Corporation's order terminating agreement for breach of conditions including unauthorized subletting and failure to provide free treatment upheld.

23 Jul 2019

The petitioner, Global Hospital and Research Centre, a charitable trust registered under the Maharashtra Public Trust Act, 1950, entered into an agree...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay and Lack of Public Order Nexus. The court held that a 133-day delay between the last prejudicial act and the detention order, without explanation, severed the live link required under Section 3(1) of the MPDA Act, 1981, and the solitary offence did not establish a threat to public order under Section 2(b-1).

16 Mar 2026

The High Court of Judicature at Bombay, Aurangabad Bench, heard a criminal writ petition challenging a preventive detention order under the Maharashtr...

High Court

Bombay High Court Quashes Assessment Order for Violation of Natural Justice Under Section 144B of Income Tax Act, 1961 — Failure to Issue Show Cause Notice-Cum-Draft Assessment Order Renders Order Invalid. The court held that the mandatory procedure under Section 144B requiring issuance of a show cause notice-cum-draft assessment order was not followed, and the assessment order recording issuance of such notice was contrary to record, violating principles of natural justice.

18 Nov 2024

The petitioner, Teerth Developers and Teerth Realties JV (AOP), an association of persons, filed a writ petition under Article 226 of the Constitution...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Bank Guarantee Dispute. Court upholds restraint on encashment of bank guarantee subject to deposit of amount, finding no perversity in the Tribunal's order under Section 37 of the Arbitration and Conciliation Act, 1996.

25 Feb 2019

The petitioner, Mahaguj Collieries Limited, filed two arbitration petitions under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

High Court

Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

25 Feb 2019

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

Supreme Court

Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

1 Sep 2022

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

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