Search Results for "unconstitutionality"

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Bombay High Court at Goa Dismisses Writ Petition Seeking Subsidy Under Goa State Investment Scheme 1990 — Paints Unit Not Registered Before Cut-off Date. Inclusion of 'paints' in ineligible list held valid and not ultra vires.

The petitioner, Berger Becker Coatings Pvt. Ltd., a paint manufacturing company, filed a writ petition seeking a declaration that it was entitled to s...

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Bombay High Court Dismisses Tenants' Revision in Eviction Suit Based on Bona Fide Requirement — Concurrent Findings of Courts Below Upheld. Subsequent Induction of New Tenant in Adjacent Shop Not Relevant as It Was Not Part of Suit Property.

The case involves a suit for eviction filed by the owners (plaintiffs) against the tenants (defendants) in respect of two shops, on the ground of bona...

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Bombay High Court Dismisses Landlord's Writ Petition in Eviction Dispute Due to Lack of Perversity in Concurrent Findings. Supervisory jurisdiction under Article 227 not to be used to reappreciate evidence; landlord failed to establish bona fide requirement under Rent Act.

The case involves a landlord-tenant dispute where the petitioners (landlord's legal heirs) sought eviction of the respondents (tenants) from a propert...

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Bombay High Court Quashes State's 'Best Five' Policy for ICSE Students in Junior College Admissions. The Court held that the policy was arbitrary and discriminatory under Article 14 of the Constitution of India.

The petitioner, Adv Om Balkrishna Trivedi, filed a writ petition under Article 226 of the Constitution of India challenging the 'Best Five' policy int...

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Bombay High Court Dismisses Appeals Against Arbitral Awards in Service Tax Reimbursement Dispute. Court Holds That Construction of Contractual Clause by Arbitrator Falls Within Arbitral Domain and Is Not Open to Challenge Under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves five appeals filed by Central Warehousing Corporation (the appellant) against a common judgment dated 18.02.2019 dismissing its arbi...

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Bombay High Court Upholds Disqualification of Gram Panchayat Member for Having More Than Two Children Under Section 14(1)(j1) of Bombay Village Panchayats Act, 1958. Children from Both Marriages Counted Regardless of Divorce; Belated Application Does Not Bar Disqualification.

The petitioner, Ashok Balasaheb Chaugule, was elected as a member of the Gram Panchayat of Tardal, Taluka Hatkanangale, District Kolhapur in 2007. Res...

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Bombay High Court Dismisses Occupier's Challenge to Deposit Condition in Property Tax Appeal. Section 217(5) of Mumbai Municipal Corporation Act, 1888 Allows Appellate Court to Impose Deposit Condition Despite Section 209(3) Limitation on Occupier's Liability.

The petitioners, Dena Bank and its manager, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 26 March 2...

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Bombay High Court Dismisses Petitions by Advocates Challenging Police Verification for Gun Licenses — No Fundamental Right to Carry Firearms. Requirement of Police Verification Under Arms Act, 1959 is a Reasonable Restriction and Not Arbitrary.

The case involves five writ petitions filed by legal practitioners (advocates) challenging the requirement of police verification for grant of firearm...