Search Results for "discretionary power"

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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 "discretionary power"

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High Court

Bombay High Court Hears Public Interest Litigation Petition Challenging Construction of Residential Building and Public Parking Lot under DCR and MRTP Act — Court Examines Legality of Approvals and Concessions Granted by Municipal Commissioner. The Court Considers Whether Circular Restricting Public Parking Lots to Four Floors Overrides Provisions of DCR 33(24) and Implications of Notices under Sections 51 and 53(1) of MRTP Act.

13 May 2013

The Public Interest Litigation petition filed in 2012 before the Bombay High Court challenged the legality of approvals and construction of a 56‑sto...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order in Income Tax Case. ITSC's order under Section 245D(4) of Income Tax Act, 1961 upheld as valid and not perverse.

4 Apr 2024

The Commissioner of Income Tax, Central – II, Mumbai, filed a writ petition challenging an order dated 31st July 2013 passed by the Income Tax Settl...

Supreme Court

Supreme Court Dismisses Election Petition Alleging Corrupt Practice of Bribery by Minister Using Discretionary Funds. Alleged Acts for Public Good Before Election Not Held as Bribery Under Section 123 of Representation of the People Act, 1951.

7 Feb 1968

The case involved an election petition filed by Ghasi Ram challenging the election of Dal Singh to the Haryana State Legislative Assembly in the elect...

Supreme Court

Supreme Court Sets Aside Orders Rejecting Summoning of Additional Accused Under Section 319 CrPC — Remands for Fresh Consideration. The Court held that the Trial Court and High Court failed to properly apply the principles of Section 319 CrPC, which requires the court to ensure that real culprits are not left unpunished, and directed fresh consideration of the application to summon additional accused persons.

15 Mar 2019

The appeal arises from a criminal revision where the complainant challenged the rejection of his application under Section 319 CrPC to summon addition...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Between Co-Owners — Appellate Court Exceeded Jurisdiction Under Order 39 Rule 11 CPC. Discretionary Power Under Order 39 Rule 11 CPC Cannot Be Exercised Mechanically Without Showing Prejudice.

20 Mar 2017

The case involves a property dispute between two brothers, Shashikant Yeshwant Pal and Tanaji Yeshwant Pal, and their respective wives, over a house p...

High Court

Bombay High Court Allows Petition Against Customs for Demurrage Charges Due to Delay in Assessment. Customs Department Directed to Bear Warehousing Charges for Inordinate Delay in Finalising Assessment of Imported Goods.

28 Oct 2005

The petitioner, Apollo Paper Mills Ltd., imported second-hand machinery from the UK in 1995 to set up a paper manufacturing unit in Gujarat, seeking c...

High Court

High Court of Bombay at Aurangabad Hears Civil Revision Application Against Condonation of Delay and Restoration of Suit for Specific Performance Dismissed in Default. The Trial Court's Order Condoning Delay of 5 Years 9 Months and Restoring Suit Under Order IX Rule 9 CPC is Challenged on the Ground of Bar to Second Restoration Application.

14 Aug 2013

The dispute arose from a suit for specific performance (Spl.C.S. No.74/1997) filed by the respondent’s father (since deceased) against the revision ...

High Court

Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

15 Mar 2021

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

High Court

Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

24 Aug 2018

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

High Court

Gujarat High Court Quashes Revenue Tribunal Order in Tenancy Revision Due to Gross Delay. Inordinate Delay of 34 Years in Challenging Mamlatdar's Order Cannot Be Condoned Without Proper Explanation Under Tenancy Act.

10 Feb 2026

The State of Gujarat, through the Deputy Collector, filed a Special Civil Application under Article 227 of the Constitution challenging an order dated...

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