Search Results for "enabling proviso"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "enabling proviso"

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Supreme Court

Supreme Court Allows Appeals Against Remand Order in Public Trust Change Report Case — Upholds Acceptance of Change Reports for Vahiwatdar and Trustees. The Court held that the Deputy Charity Commissioner's acceptance of Change Reports, including condonation of delay, attained finality as no appeal was filed within the prescribed period, and the High Court erred in interfering with such acceptance under writ jurisdiction.

15 Dec 2023

The case pertains to the acceptance of Change Reports concerning the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, Shelgi, a ...

High Court

Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

24 Oct 2016

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

High Court

High Court of Karnataka Upholds Validity of Premium Floor Area Ratio Scheme and Rejects Challenges Under Articles 14, 21, 243ZE, and 300A of Constitution. Section 18-B of Karnataka Town and Country Planning Act, 1961 and Section 38-D of Bangalore Development Authority Act, 1976 Held Not Violative of Constitution, and All Impugned Notifications Sustained.

15 Jun 2026

The matter concerns a batch of cases challenging the constitutional validity of statutory provisions introducing the Premium Floor Area Ratio (FAR) sc...

Supreme Court

Supreme Court Upholds State Transport Authority in Motor Vehicles Act Case on Vehicle Replacement Rule. Kerala Motor Vehicle Rule 174(2)(c) Validated as It Does Not Exceed Section 83 and Serves Public Safety by Prohibiting Older Vehicle Replacements.

17 Feb 2022

The Supreme Court of India addressed a dispute concerning the validity of Rule 174(2)(c) of the Kerala Motor Vehicle Rules, 1989, which allows the tra...

High Court

Bombay High Court Hears Challenge to Reservation in Promotion Policy of Mumbai Port Trust; Office Memorandum Dated 21 January 2002 Under Scrutiny. Petitioners Allege Violation of M. Nagaraj Principles and 100% Reservation for SC/ST in Office Superintendent Cadre.

30 Nov 2016

The writ petition was filed by the Mumbai Port Trust Non SC/ST Employees Association, an association registered under the Trade Unions Act representin...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Owner with Valid Learner's Licence Not Liable for Compensation; Insurance Company Directed to Pay and Recover. Learner's Licence Held Valid Driving Licence Under Motor Vehicles Act, 1988; Breach of Rule 3 of Central Motor Vehicles Rules, 1989 Not Established as No Evidence of Contravention.

3 Feb 2025

The appellant, Ku. Nilima Dakhane, was the owner of a Kinetic Nova scooter involved in an accident on 10.04.2003, in which respondent No.2, Pandurang ...

High Court

Bombay High Court Allows Writ Petition Challenging Termination of Coal Mine Development and Production Agreement for Non-Submission of Bank Guarantee Extension. Termination Without Prior Notice or Opportunity of Hearing Held Arbitrary and Violative of Natural Justice Under Coal Mines (Special Provisions) Act, 2015.

10 Feb 2023

The petitioner, B. S. Ispat Limited, a public limited company incorporated under the Companies Act, 1956, emerged as the successful bidder in a tender...

High Court

Bombay High Court Dismisses Application to Condone Delay in Filing Written Statement in Commercial Suit — Mandatory 120-Day Limit Under Commercial Courts Act, 2015 Applies. Court holds that the proviso to Order VIII Rule 1 CPC as amended by Section 16 of the Commercial Courts Act, 2015 is a special provision for commercial disputes and overrides the Bombay High Court Original Side Rules, 1980.

10 Jun 2024

The case involves a Notice of Motion filed by the defendants (applicants) in a commercial suit before the Bombay High Court, seeking to quash the orde...

High Court

Bombay High Court Disposes of Writ Petitions Challenging Section 140(3)(iv) of CGST Act on Transitional Credit for Pre-GST Stock. Petitioners Argue Arbitrary Cut-Off Date Leads to Double Taxation and Discrimination.

20 Mar 2018

A group of manufacturers and traders, including JCB India Limited, manufacturers of excavators and loaders, filed writ petitions before the Bombay Hig...

High Court

Bombay High Court Quashes Orders Rejecting Condonation of Delay in Customs and Central Excise Appeals; Directs Fresh Consideration. Appellate Authorities Failed to Exclude Time Taken in Prosecuting Writ Petitions Before Filing Statutory Appeals, as Required Under Section 14(2) of Limitation Act, 1963.

24 Dec 2014

The judgment arises from two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court. The lead petition, WP N...

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