Search Results for "Arbitrary Refusal"

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Bombay High Court Allows Refund of Cess Paid Under Protest in Excise Matter — Unjust Enrichment Principle Not Applicable to Cess Under IDR Act. Section 11-B of Central Excise Act Held Inapplicable to Cess Collected Under Industries (Development and Regulation) Act, 1951, and Refund Directed with Interest.

The petitioners, Shree Vidhya Paper Mills and Mr. Rameshwarlal Motilal, filed a writ petition in the Bombay High Court seeking refund of Rs. 10,19,246...

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Bombay High Court Allows Wife's Maintenance Claim Under Section 125 CrPC Despite Husband's Offer to Maintain. Wife's Refusal to Live with Husband Justified Due to Cruelty, Entitling Her to Separate Maintenance.

The petitioner, wife of respondent no.1, filed an application under Section 125 of the Code of Criminal Procedure, 1973 seeking monthly maintenance. T...

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Bombay High Court Dismisses Petition Challenging Rejection of Voluntary Retirement Due to Pending Disciplinary Proceedings and CBI Investigation. Rule 56(k) of CCS Rules Does Not Confer Unilateral Right to Retire When Serious Allegations Are Under Investigation.

The petitioner, Dr. Sanjay Sharma, joined Tata Memorial Hospital as Assistant Surgeon on 29th November 1985 and was later appointed Professor of Surge...

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Bombay High Court Dismisses Complainant's Writ Petition Challenging Rejection of Condonation of Delay in Filing Appeal Against Acquittal. Court Held That the Sessions Court's Refusal to Condone Delay Was Justified as the Complainant Failed to Provide Sufficient Cause for the Delay.

The petitioner, Hari Mudkhede, was the original complainant in a criminal case against four accused persons (respondents 2 to 5) under Sections 324, 5...

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Bombay High Court Allows Appeals of Tenants Against MHADA in Slum Rehabilitation Disputes — Held That Tenants in Possession Before Cut-Off Date Are Entitled to Rehabilitation Under Section 3(1) of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

The judgment involves multiple appeals filed by tenants against the Maharashtra Housing Area Development Authority (MHADA) concerning slum rehabilitat...

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Bombay High Court Allows Writ Petition Challenging Denial of Drug Licence Based on Previous Licensee's Misconduct. Licensing Authority Must Consider Applicant's Own Suitability Under Drugs and Cosmetics Act, 1940 and Rules, 1945.

The petitioner, Namdev Genba Parthe, through M/s. Kulswami Medical & General Stores, applied for a retail drug licence from premises at 188, Ambedkar ...

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Bombay High Court Allows Pension Benefits by Counting Prior Service with Board Under Rule 46(2) of Maharashtra Civil Services (Pension) Rules, 1982 — Resignation to Take Up Another Appointment with Permission Does Not Forfeit Past Service

The Petitioner, Smt. Nagaveni R., filed a writ petition seeking pension and other retiral benefits by counting her service from 25.2.1975 to 5.11.1984...