Search Results for "Article 13(2)"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Article 13(2)"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind to Bail Grant. Failure to Consider Petitioner's Release on Bail in Sessions Case No.79/2022 Rendered Detention Order Invalid.

24 Mar 2023

The petitioner, Vijay Baburao Avhad, challenged the detention order dated 19.05.2022 passed by the District Magistrate, Ahmednagar under Section 3(2) ...

High Court

Bombay High Court Allows Minor Rape Victim's Pregnancy Termination with DNA Preservation Directions. Court Permits Medical Termination of Pregnancy of 24-Week Gestation Under MTP Act, 1971, and Orders Preservation of Fetal Samples for Criminal Trial.

26 Jul 2023

The petitioner, a minor girl aged 17 years 11 months and 21 days, filed a writ petition through her mother seeking directions for medical termination ...

High Court

Bombay High Court Quashes Suspension of Associate Professor in University Service Dispute — Suspension Order Invalid as Not Passed by Competent Authority Under Statute 433-A(3)(A)(i). The Court held that the suspension order was not issued by the Competent Authority as required under the University Statutes, and the condition of judicial custody exceeding 48 hours did not automatically justify suspension without a prior decision by the Competent Authority.

3 Nov 2023

The petitioner, Dr. S.D. Nikam, was an Associate Professor of Accountancy at R.N.C. Arts, J.D.B. Commerce and N.S.C. Science College, Nashik Road, whi...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Order in Eviction Suit — Power of Attorney Validity and Evidentiary Value of Documents Under Scrutiny. Court sets aside appellate order remanding suit for fresh trial, holding that the appellate court exceeded its jurisdiction under Section 29A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 by interfering with trial court's discretion in marking documents.

28 Nov 2023

The Petitioner, Shree Raj Shrushti Residency Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging an order d...

High Court

Bombay High Court Allows Writ Petition Against Rejection of Plaint in Suit for Specific Performance — Unstamped Agreement to Sell Does Not Justify Rejection Under Order 7 Rule 11 CPC. Court Holds That Question of Stamp Duty Is a Preliminary Issue Under Order 14 Rule 2 CPC, Not a Ground for Rejection of Plaint.

11 Apr 2022

The petitioners, original plaintiffs, filed a Special Civil Suit for specific performance of an agreement to sell dated 01.08.2011. The respondent/def...

High Court

Bombay High Court Quashes FIR Against Advocate in RTI Dispute — No Offence Under Sections 353, 323, 504, 506 IPC Made Out. Allegations of Obstruction of Public Servant Fail as Informant Not Discharging Public Duty at Time of Incident.

20 Jul 2022

The applicant, a practicing advocate, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR N...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Concurrent Findings for Failure to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963. The court held that mere production of a cheque during evidence without other proof does not satisfy the requirement of readiness and willingness, and a plaintiff claiming additional payment beyond the agreement must prove it.

30 Sep 2022

The case involves a second appeal arising from a suit for specific performance of an agreement to sell. The appellant, original defendant no.1, challe...

High Court

Bombay High Court Allows Writ Petition in Sabka Vishwas Scheme Case — Directs Reconsideration of Declaration by Allowing Pre-deposit Adjustment. The Court held that rejection of declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 on ground of non-reflection of pre-deposit in electronic ledger was unjustified and directed reconsideration.

28 Jan 2021

The petitioner, M/s. Code Engineers Private Limited, a company engaged in providing erection, commissioning and installation services, was registered ...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice and Absence of Averments Regarding Debt Legally Enforceable. The court held that the complainant failed to establish the existence of a legally enforceable debt and that the demand notice was not served in accordance with Section 138 of the Negotiable Instruments Act, 1881.

26 Apr 2021

The judgment involves multiple criminal writ petitions filed under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Pr...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Reasonable Belief of Income Escaping Assessment. Reopening Beyond Four Years Without Fresh Material Constitutes Change of Opinion on Same Set of Facts.

11 Mar 2020

The petitioner, Gateway Leasing Pvt. Ltd., a non-banking financial company registered under the Companies Act, 1956, filed a writ petition under Artic...

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