Search Results for "Procedural illegality"

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine Due to Lack of Evidence of Execution.

The appellants, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 15th June 1981, allegedly executed by the res...

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Bombay High Court Dismisses Petition Seeking Physical Bid Submission in Online Tender Process. Court Holds That Government Resolution Dated 27.09.2018 Mandating Online Submission Does Not Violate Principles of Natural Justice or Arbitrary Exercise of Power.

The petitioner, M/s. AGC-SCCPL JV, a joint venture bidder, filed a writ petition before the Bombay High Court at Aurangabad seeking a direction to the...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Insufficient Evidence. Trial Court's Findings Not Perverse; Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 302 and 498A of Indian Penal Code, 1860.

The State of Maharashtra appealed against the judgment of the 9th Additional Sessions Judge, Pune, in Sessions Case No.211 of 1992, which acquitted De...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind — Detenu's Retracted Statement Not Considered. Preventive Detention Order Under Section 3(1) of COFEPOSA Set Aside as Detaining Authority Failed to Consider Retraction of Confession.

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...

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Bombay High Court Allows Inclusion of Voter Name in Co-operative Society Election List Despite Procedural Irregularity in Resolution. Collector's Refusal to Include Petitioner's Name Quashed as Collector Cannot Go Behind Resolution of Society's Board.

The petitioner, Pundlik s/o. Chingalaba Kaje, filed a writ petition challenging the order of the Collector dated 28.6.2005 refusing to include his nam...

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Bombay High Court Dismisses Challenge to Forfeiture of Property Under SAFEMA Despite Revocation of Detention Order. Property of Detenu Forfeited Under Sections 7 and 19(1) of SAFEMA Upheld as Detention Order Was Valid When Forfeiture Order Was Passed.

The petitioner, Smt. Padma Nirmal Agarwal, challenged the forfeiture of a flat (Flat No.16, 471/C, Manu Mahal, King's Circle, Mumbai) under the Smuggl...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Declaration of Perverse Findings in Disciplinary Enquiry. Labour Court's Power to Reappreciate Evidence Under Section 11A of Industrial Disputes Act, 1947 Upheld Where Enquiry Findings Are Not Supported by Evidence.

The petitioner, Tata Infomedia Limited (formerly Tata Press Limited), challenged an order of the Labour Court at Mumbai dated 23rd October 2001. The L...

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Bombay High Court Quashes Amended Land Acquisition Award for Lack of Notice. Amendment to final award under Section 13A of Land Acquisition Act, 1894 held invalid without prior notice to interested persons.

The petitioners, who were interested persons in a land acquisition proceeding, challenged the amended award dated 2-7-1998 passed by the Sub-Divisiona...

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Bombay High Court Dismisses Tenants' Petition Challenging Inspection Order Under Section 28 of Maharashtra Rent Act. Landlord's Application for Measurement of Tenanted Premises Allowed to Ascertain Area for Reconstruction Undertaking Under Section 16(6)(d).

The petitioners, tenants of suit premises, challenged an order passed by the Judge, Small Causes Court, Bombay, allowing the respondent landlord's app...

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Bombay High Court Quashes Permanent Cancellation of College Recognition for Violation of Natural Justice. Show Cause Notice and Final Order Must Be Passed by Same Authority Under Section 38 of Maharashtra Animal and Fishery Sciences University Act, 1998.

The petitioners, a Public Trust and a College run by it, challenged the order dated 25.10.2012 permanently cancelling the recognition granted to the p...