Search Results for "discretionary interest"

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Supreme Court Considers Maintainability of Writ Petitions Against Armed Forces Tribunal Orders Under Article 226. High Court reversed Tribunal orders and granted relief; statutory appeal mechanism under Sections 30 and 31 of Armed Forces Tribunal Act, 2007 argued to exclude writ jurisdiction.

In these connected civil appeals, the Supreme Court was confronted with the issue of maintainability of writ petitions under Article 226 of the Consti...

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Bombay High Court Considers Challenge to MAT Order Directing Age Relaxation for Dental Surgeons Under Maharashtra Recruitment Rules. Contractual Service Status Under National Health Mission and Applicability of Rule 3(b) of the Directorate of Health Service Recruitment Rules, 1990 Are Core Issues.

The matter arose from a recruitment process for 189 Dental Surgeon posts initiated by the Maharashtra Public Service Commission (MPSC) in 2015. The or...

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Bombay High Court Dismisses Second Appeal; Upholds Finding that Suit for Specific Performance Is Barred by Limitation. Court Rules Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Article 54 of Limitation Act, 1963.

The case arose from an agreement dated 6.10.1997 between the appellant, Rajesh Dayaldas Narwani, and the respondent, Kanayalal D. Bablani, whereby the...

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High Court of Karnataka Considers Appeal Against Discretionary Order Refusing Interim Injunction in Passing Off Suit — Visual Wrapper Similarity and Ordinary Purchaser Test Examined. Court Examines Whether Emphasis on Dissimilarities Rather Than Similarities Amounted to Error of Principle.

The present appeal arose from a suit for passing off and copyright infringement filed by ITC Limited (plaintiff) against CG Foods (India) Private Limi...

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Bombay High Court Examines MCD's Recovery Notices Against MEPIDL for Territorial Overreach. Cross-Petitions on Attachment of Assets Outside Delhi Under DMC Act, 1957.

The dispute arose from a contract dated 28th September 2017 between MEP Infrastructure Developers Limited (MEPIDL), a Mumbai-based enterprise, and the...

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High Court of Karnataka Examines Constitutionality of Section 17 Prohibiting Legal Representation in Senior Citizens Act Proceedings. Petitioner, an Octogenarian, Seeks Declaration That Bar on Advocates is Ultra Vires Section 30 of the Advocates Act, 1960.

The dispute arose under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The petitioner, an 82-year-old man, alleged that his son...

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Karnataka High Court Examines Whether Accused in Negotiable Instruments Act Case Can Give Evidence by Affidavit. Court Considers Application for Quashing of Proceeding Permitting Accused's Affidavit and Rejection of Section 311 Cr.P.C. Application.

The petitioner, as complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, sought quashing of the proceeding...

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Bombay High Court Division Bench Hears Challenge to MPSC Procedural Rule on Wait-List in Judicial Service Recruitment. Maharashtra Judicial Service Rules, 2008 Rule 6(3)(b) and Article 234 of the Constitution Examined.

The Bombay High Court Division Bench heard a batch of writ petitions filed by candidates who had applied for the post of Civil Judge Junior Division a...

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Bombay High Court Examines Constitutional Validity of Air India's Standing Order 17 Which Permits Termination Without Assigning Reasons. The Court Considered Whether Such Unguided Power Violates Articles 14 and 21 of the Constitution.

The judgment arises from two writ petitions filed by employees of Air India Limited (formerly NACIL) whose services were terminated under Standing Ord...