Search Results for "Arbitrary Refusal"

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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...

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Bombay High Court Dismisses Management's Challenge to School Tribunal Order for Reinstatement of Peon in Service Dispute. Termination of Employee Without Prior Approval Under Section 5 of M.E.P.S. Act, 1977 Held Illegal, Reinstatement Upheld.

The judgment pertains to two writ petitions filed by the management of Shubham Bahuuddeshiya Shikshan Sanstha and Swamy Vivekanand High School challen...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal's Refusal to Strike Out Additional Written Statement. Tribunal's Discretion to Allow Additional Pleadings Upheld Unless Prejudice Shown.

The petitioner, GTL Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 10.2.2006 passed...

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Bombay High Court Dismisses Tenant's Writ Petition Against Eviction Decree for Bonafide Need of Landlord. Landlord's Requirement for Residential Premises Upheld as Genuine Despite Tenant's Claim of Purchase of Suit House.

The petitioner, a tenant, challenged the eviction decree passed by the Additional District Judge, Sindhudurg at Sawantwadi, which reversed the trial c...

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Bombay High Court Allows Revision Application of Co-defendant in Suit for Declaration and Injunction — Deletion of Party Ordered Under Order 1 Rule 10 CPC. Co-defendant Against Whom No Relief Claimed is Not a Necessary Party.

The case involves two civil revision applications arising from a suit filed by Vidharbha Enterprises (plaintiff) against the Union of India and BSNL (...

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Bombay High Court Upholds Dismissal of Senior Correspondent for Refusing Transfer in PTI Case. Industrial Court's finding of disproportionate punishment set aside; punishment of discharge affirmed as not shockingly disproportionate.

The case involves a challenge by the Press Trust of India Employees Union and a workman (Senior Correspondent) against an order of the Industrial Cour...

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Bombay High Court Quashes Termination of District Commandant (Home Guards) for Violation of Natural Justice. Termination Order Issued Without Show Cause Notice or Opportunity of Hearing Set Aside Under Bombay Home Guards Act, 1947.

The petitioner, Lt. Professor Raju Shamrao Khole, was appointed as District Commandant (Home Guards) for Nagpur district by order dated 2.8.2003 for a...