Search Results for "Obligatory Character"

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Bombay High Court Orders Refund of Rs.56 Crore Service Tax Deposit Retained Without Authority of Law. Petitioner Bank's deposit made under protest to buy peace on interchange income cannot be retained without show cause notice or adjudication order.

The petitioner, The Hongkong and Shanghai Banking Corporation Ltd., filed a writ petition under Article 226 of the Constitution challenging the retent...

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Bombay High Court Issues Directions for Improvement of Healthcare Facilities in Government Hospitals in Goa in Public Interest Litigation. Court Holds That Right to Health is a Fundamental Right Under Article 21 of the Constitution and State Has a Legal Obligation to Provide Basic Medical Facilities.

This public interest litigation was filed by Prakash B. Sardessai and Vishwesh Sardessai, residents of Goa, seeking improvement of healthcare faciliti...

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Bombay High Court Dismisses PIL Seeking CBI/ED Investigation into Alleged Financial Irregularities by Political Figures. Petition fails to establish prima facie case for transfer of investigation to central agencies.

The petitioners, Gouri Abhay Bhide and Abhay Bhide, filed a Public Interest Litigation (PIL) before the Bombay High Court seeking a writ of mandamus d...

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Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

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Bombay High Court Quashes MSRTC's 'Kutumb Suraksha Yojna' Scheme for Re-appointing Terminated/Suspended Conductors as Arbitrary and Unconstitutional. Scheme Allowing Re-appointment of Conductors Charged with Misappropriation of Funds Violates Public Interest and Article 14 of the Constitution.

The Bombay High Court, in a suo motu public interest litigation, examined the validity of the 'Kutumb Suraksha Yojna' scheme introduced by the Maharas...

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Bombay High Court Quashes Detention Under MPDA Act for Lack of Evidence of Public Order Disturbance. Sand Smuggling and Criminal Acts Do Not Automatically Justify Preventive Detention as They Pertain to Law and Order, Not Public Order.

The petitioner, Baliram s/o Namdeo Bedke, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, B...

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Bombay High Court Quashes Discharge of District Judge in NSEL Scam Case — Rule 13(4)(ii)(b) of MJS Rules Violates Articles 14 and 311(2) as It Imposes Penalty Without Inquiry. The court held that discharge of a probationer without inquiry is punitive and unconstitutional.

The petitioner, Ajay Ramesh Dinode, was appointed as a District Judge by nomination in August 2014 and posted as Additional District and Sessions Judg...

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Supreme Court Dismisses Appeal Against Refusal to Discharge Accused in Fake Currency Case. Prima Facie Evidence of Involvement Found Sufficient for Trial Under Sections 489B and 489C IPC.

The appellant, Dipakbhai Jagdishchandra Patel, was implicated in a case involving the possession and sale of counterfeit Saudi Arabian Riyal currency ...