Search Results for "Arbitrary Removal"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "Arbitrary Removal"

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Supreme Court

Supreme Court Upholds Validity of Explanations to Rule 38 of MCR, 2016 and Rule 45(8)(a) of MCDR, 2017 — Royalty Computation on Gross Sale Value Without Deduction of Royalty, DMF, and NMET Contributions is Valid. The Court held that royalty is a tax and not a contractual consideration, and the impugned explanations do not violate Article 14 or Article 265 of the Constitution.

15 Nov 2024

The petitioners, Kirloskar Ferrous Industries Limited and another, filed a writ petition under Article 32 of the Constitution challenging the validity...

Supreme Court

"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

5 Nov 2024

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

High Court

Bombay High Court Upholds Removal of Judicial Officer in Disciplinary Proceedings for Misconduct and Habitual Drinking. Dismisses Writ Petition Challenging Order of Removal Under Article 226 of Constitution of India — Held That Disciplinary Authority's Findings Based on Evidence and Natural Justice Were Complied With.

23 Apr 2024

The petitioner, Aniruddha Ganesh Pathak, was appointed as a Civil Judge Junior Division on 19 March 2010. During his tenure, complaints were received ...

High Court

Bombay High Court Quashes Cancellation of Waqf Board Member Appointment for Lack of Power Under Waqf Act, 1995. State Government Cannot Cancel Membership Except Through Specific Provisions for Disqualification or Removal Under Sections 16, 19, or 20 of the Act.

24 Feb 2021

The petitioner, Shaikh Mahemud S/o Shaikh Mahebub, was appointed as a member of the Maharashtra State Waqf Board by the State Government vide notifica...

Supreme Court

Supreme Court Strikes Down Section 87 of Arbitration Act as Unconstitutional — Automatic Stay of Arbitral Awards Revived by 2019 Amendment Held Arbitrary and Violative of Article 14. The court held that the provision reintroducing automatic stay upon filing of a Section 34 application is manifestly arbitrary and contrary to the object of the 2015 Amendment Act.

27 Nov 2019

The judgment concerns a batch of writ petitions challenging the constitutional validity of Section 87 of the Arbitration and Conciliation Act, 1996, i...

Supreme Court

Supreme Court Partially Allows Appeal for Back Wages in Wrongful Dismissal Case — Municipal Employee Denied Full Back Wages Despite Illegal Removal Due to Financial Constraints of Municipality. The Court upheld the High Court's discretion to deny back wages where the employer is a financially constrained municipality, confirming that continuity of service and retiral benefits are sufficient relief.

1 Jan 2019

The appellant, Jayantibhai Raojibhai Patel, was appointed as Headmaster of a school run by the Municipal Council, Narkhed on 1 July 1986. In 1994, he ...

High Court

KAHC010008432018_1

28 Feb 2018

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High Court

High Court of Karnataka Quashes Prosecution Sanction Against Former Lokayuktha in Corruption Case — Sanction Order Held Invalid for Non-Application of Mind and Lack of Independent Consideration by Governor. The court held that the Governor's sanction under Section 19 of Prevention of Corruption Act, 1988 must reflect independent application of mind, and a mechanical endorsement of the investigating agency's proposal renders the sanction invalid, vitiating the entire prosecution.

22 Nov 2016

The petitioner, Dr. Y. Bhaskar Rao, a former Karnataka State Lokayuktha, was arraigned as accused no.7 in Spl.CC 429/2015 for offences under the Preve...

High Court

Bombay High Court Allows Doctor's Petition Against Suspension of Medical License by Maharashtra Medical Council for Alleged Misconduct in IVF Procedure — Violation of Natural Justice and Lack of Evidence. The court held that the suspension order was arbitrary and set it aside, directing a fresh inquiry with proper hearing.

14 Jun 2016

The petitioner, Dr. Anjali Malpani, a medical practitioner specializing in IVF, filed a writ petition challenging the order of the Maharashtra Medical...

High Court

High Court of Karnataka Quashes Appointment of Member to Wakf Board for Non-Compliance with Section 101 of Wakf Act, 1995. Appointment of R. Abdul Reyaz Khan set aside as mandatory consultation with Board and Committee of Management was not undertaken.

11 Dec 2013

The petitioner, M. Javeed Ali, a Muslim and Mutawalli of Masjid-e-Farooquia, Kodihalli, Bangalore, filed a writ petition under Articles 226 and 227 of...

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