Search Results for "Unreasoned order"

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Bombay High Court Quashes Bank's Wilful Defaulter Declaration for Violating Natural Justice. Show-cause notice lacking specific grounds renders the decision invalid under RBI Master Circular on Wilful Defaulters.

The petitioners, Nitin Shah, Rahul Shah, and Kunal Shah, who were directors of Nitin Fire Protection Industries Ltd. (the corporate debtor under CIRP)...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection and Permission to Sue Under Section 91 CPC — Public Nuisance and Suit by Private Persons for Public Property Upheld

The petitioner, Omkar Pandit Bankar, filed a civil revision application challenging two orders passed by the Civil Judge, Junior Division, Jamner in R...

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Bombay High Court Allows Writ Petitions Challenging Arbitral Award in Property Dispute — Award Set Aside for Violation of Natural Justice and Lack of Reasons. Court holds that an arbitrator must provide reasoned findings and cannot rely on unsubstantiated claims without evidence.

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award dated 30 June 2023 passed by a...

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Bombay High Court Upholds Arbitral Award in Stock Trading Dispute — Rejects Challenge Under Section 34 of Arbitration Act for Lack of Patent Illegality. Counterclaim Dismissal Upheld as Reasoned and Within Arbitral Tribunal's Discretion.

The petitioner, M/s. Indiabulls Securities Ltd., a trading member of the National Stock Exchange (NSE), challenged an arbitral award under Section 34 ...

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Bombay High Court Quashes Unreasoned GST Adjudication Order for Violation of Natural Justice — Remands for Fresh Speaking Order. Adjudication order under Section 73 of CGST Act, 2017 set aside for lack of reasons, failure to consider taxpayer's detailed response, and denial of personal hearing.

The petitioner, Bhansali Industries, challenged an adjudication order dated 03 July 2023 passed by the Deputy Commissioner of State Tax, Pune, under S...

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Bombay High Court Dismisses Petition Challenging Exemption Order Under ULC Act Due to Reservation in Development Plan — Petitioner Failed to Implement Scheme Despite Exemption, No Ground for Modification After Repeal of ULC Act.

The petitioner, Smt. Sitabai Ramchandra Lonkar, filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 13th ...

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Supreme Court Allows Additional Evidence in Consumer Dispute Over Occupancy Certificate and Conveyance Deed. The Court held that documents coming into existence after the appeal must be considered under Order XLI Rule 27 CPC if relevant and not producible earlier despite due diligence.

The present civil appeal arose from a consumer dispute between the appellants (developers) and the respondent (cooperative housing society). The appel...

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Supreme Court Allows Appeals in SAFEMA Forfeiture Case — Notice to Convict Not Mandatory When Property Held by Relatives. The Court held that proceedings against relatives under Section 6 of SAFEMA are independent and do not require prior notice to the convict.

The Supreme Court of India heard appeals against a Madras High Court judgment that had set aside forfeiture orders under the Smugglers and Foreign Exc...