Search Results for "article 115"

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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...
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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 115"

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High Court

Bombay High Court Considers Challenge to MCGM's Condition Requiring No Objection Certificate from Indian Navy for Occupancy Certificate and Development Permission. Petitioners Argue That Imposition of Such Condition is Arbitrary and Without Statutory Sanction.

21 Jun 2019

The case involves two writ petitions filed before the Bombay High Court under Article 226 of the Constitution. In Writ Petition No. 229 of 2018, M/s S...

High Court

Bombay High Court Delivers Oral Judgment on Quashing of FIR in EPF Dues Under-Assessment Case — Court Examines Scope of Power Under Article 226 and Section 482 CrPC, Citing R.P. Kapur and Bhajan Lal Precedents

2 May 2012

The petitioner, a Regional Provident Fund Commissioner, had passed an assessment order under Section 7A of the Employees' Provident Funds and Miscella...

High Court

High Court of Bombay Considers Confirmation of Death Sentence in Gangrape Case: First Conviction Under Section 376E IPC After 2013 Amendment. Trial Court Imposed Capital Punishment for Repeat Offenders in the Shakti Mill Incident, and the High Court Reviewed Procedural Propriety of the Sentence.

25 Nov 2021

The judgment under analysis is a confirmation case arising from the brutal gangrape of a young photo journalist at Shakti Mill premises in Mumbai on 2...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

High Court

Bombay High Court Dismisses Appeal for Delay in Arbitration Matter — Limitation Act Applies to Appeals Under Section 37 of Arbitration and Conciliation Act, 1996. Delay of 60 Days Not Condoned as No Sufficient Cause Shown; Article 116 of Limitation Act Prescribes 90-Day Limitation for Appeals Against Orders Under Section 34.

12 Oct 2012

The case involves a Notice of Motion filed by Oil & Natural Gas Corporation Ltd. (ONGC) seeking condonation of a 60-day delay in filing an appeal unde...

High Court

Bombay High Court Dismisses Review and Writ Petitions in GST Input Tax Credit Refund Case for Duty Free Shops. Sale of duty free goods at airport departure area is not export, hence no refund of ITC under Section 54 of CGST Act, 2017.

7 Oct 2019

The judgment concerns three matters: a criminal application seeking review of dismissal of a PIL, and two writ petitions challenging an adjudication o...

High Court

Bombay High Court Dismisses Petitions Challenging Service Tax on Renting of Immovable Property for Warehousing and Storage. Levy of Service Tax Under Section 65(105)(zzzz) of Finance Act, 1994 on Renting of Immovable Property for Commercial Use is Valid and Constitutional.

30 Nov -0001

The petitioners, including Tulsidas Khimji Warehousing Pvt. Ltd. and others, filed writ petitions challenging the levy of service tax on renting of im...

High Court

Bombay High Court Dismisses Petition for Interim Relief in Partnership Dispute — No Prima Facie Case for Appointment of Receiver or Injunction. Claim of sole heir to partnership assets fails as partnership deed provided for continuation of firm on death of partner, and petitioner's rights are subject to arbitration.

19 Sep 2013

The petitioner, Fatima Correa, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reliefs pe...

High Court

Bombay High Court Dismisses Writ Petition of Temporary Lecturers Challenging Termination — Ad Hoc Appointments Made Without Following Recruitment Rules Do Not Confer Right to Regularisation or Reinstatement.

30 Nov -0001

The case involves a writ petition filed by 25 individuals who were appointed as temporary lecturers on ad hoc basis at Government Polytechnic College,...

High Court

Bombay High Court Dismisses Writ Petition Challenging Recovery Certificate Under MCS Act for Non-Availment of Statutory Remedy. Court holds that remedy under Section 154 read with Section 154(2A) of the Maharashtra Cooperative Societies Act, 1960 is a statutory remedy and not merely an alternate remedy, and writ jurisdiction under Article 227 should not be entertained when statutory remedy is available.

28 Aug 2014

The petitioner filed a writ petition under Article 227 of the Constitution of India challenging a recovery certificate issued under Section 101 of the...

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