Search Results for "certiorari jurisdiction"

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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...
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Search Results for "certiorari jurisdiction"

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High Court

Bombay High Court Quashes Sales Tax Attachment Over Bank's Secured Assets Under SARFAESI Act — Priority of Secured Creditor Upheld. Section 26E of SARFAESI Act gives priority to secured creditors over crown debts, and attachment by sales tax authorities cannot defeat the bank's security interest.

22 Jan 2024

The petitioner, Union Bank of India, filed a writ petition under Article 226 of the Constitution of India seeking to quash an attachment order dated 2...

High Court

Bombay High Court Allows Writ Petition Challenging Education Officer's Refusal to Approve Reinstatement of Headmaster Who Voluntarily Retired. Court Holds That Education Officer Has No Jurisdiction to Refuse Approval for Reinstatement When Management Voluntarily Reinstates an Employee Who Had Resigned Voluntarily.

8 Feb 2023

The petitioner, Mohammed Mussaviruddin Mohammed Naziruddin, was a headmaster at Dr. Zakir Hussain High School, Sailu, run by respondent No.3, Parbhani...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of SVLDRS Declaration for Public Parking Lot Construction. Court holds that construction of public parking lot in lieu of incentive FSI constitutes 'supply of service' under Finance Act, 1994, and petitioner is entitled to avail SVLDR Scheme benefits.

27 Jan 2023

The petitioner, K. Raheja Private Limited, a company engaged in real estate, constructed a public parking lot (PPL) on a plot in Mumbai. The Municipal...

High Court

Bombay High Court Dismisses Challenge to Impleadment Order in Civil Suit Under Order I Rule 10 CPC. Applicants Claiming Independent Title and Possession Over Suit Property Are Necessary Parties for Effective Adjudication.

5 Jun 2023

The petitioner, Gajanan Mahadeo Potdar, filed a writ petition challenging the order dated 22.10.2021 passed by the Civil Judge, Junior Division, Aatpa...

High Court

Bombay High Court Allows Petition Quashing Reservation Condition in Development Permission Dispute. MHADA Housing Reservation Deleted by Sanctioned Modification to Development Plan, Municipal Corporation Cannot Insist on Compliance.

31 Aug 2023

The petitioner, Cosmos Constructions, a partnership firm, owned land at Chitalsar, Manpada, Thane. The Thane Municipal Corporation (TMC) imposed Condi...

High Court

Bombay High Court Quashes Show Cause Notice Due to 12-Year Delay in Adjudication — Principles of Timely Adjudication Under Service Tax Law. Inordinate delay and corporate restructuring rendered adjudication futile, leading to quashing of show cause notice under Article 226.

22 Aug 2023

The petitioner, IDFC First Bank Ltd., filed a writ petition under Article 226 of the Constitution of India seeking quashing of a show cause notice dat...

High Court

Bombay High Court Quashes Assessment Orders for Violation of Natural Justice in Transfer Pricing Adjustment. Failure to Provide TPO's Draft Order and Opportunity of Hearing Renders Proceedings Void Ab Initio Under Sections 144C and 92CA of Income Tax Act, 1961.

12 Sep 2023

The petitioner, Undercarriage and Tractor Parts Pvt. Ltd., filed its return of income for Assessment Year 2015-2016 on 30 September 2015 declaring a l...

High Court

Bombay High Court Allows Writ Petition Challenging Demolition Notice for Non-Compliance with DCR 2018 — Held that Construction Approved Prior to DCR 2018 is Not Subject to New FSI Restrictions. Vested rights of the petitioners were upheld as the building was substantially completed before the new regulations came into force.

26 Sep 2023

The petitioners, Sai Chintan C.H.S.LTD. and MPR Builders and Developers LLP, filed a writ petition challenging a demolition notice dated 20.12.2022 is...

High Court

Bombay High Court Allows Petition Against Thane Municipal Corporation's Abeyance of Buy-Back Policy - Promissory Estoppel Applied. The court held that the Corporation could not resile from its policy after the petitioners acted on it to their detriment under the Maharashtra Regional and Town Planning Act, 1966.

1 Nov 2023

The petitioners, Sheth Developers Pvt Ltd and Ashwin Natwarlal Sheth, acquired development rights over land from Voltas Ltd in 2003. In 2016, the Maha...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Beyond Four Years Under Section 147 of Income Tax Act, 1961 — No Failure to Disclose Material Facts. Reopening Based on Change of Opinion Not Permissible; Notice Under Section 148 Quashed.

8 Nov 2023

The petitioner, Hasmukh Estates Pvt. Ltd., a company registered under the Companies Act, 1956/2013, filed a writ petition under Article 226 of the Con...

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