Search Results for "Emergency Provisions"

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Search Results for "Emergency Provisions"

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High Court

Bombay High Court Dismisses Section 9 Petition Seeking Security for Enhanced Call Price in Share Purchase Dispute — Holds That Emergency Arbitrator's Decision Is Binding and Cannot Be Bypassed by Seeking Parallel Interim Relief from Court. The court found that the petitioners were attempting to circumvent the emergency arbitrator's decision by seeking a different form of security or additional relief, which would undermine the arbitral process.

8 Oct 2024

The petitioners, Ashok Kumar Goel and Vyoman India Private Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, se...

High Court

Bombay High Court Quashes Interception Orders in CBI Corruption Case for Lack of Reasons and Public Emergency. Orders under Section 5(2) of Indian Telegraph Act, 1885 set aside as they merely recited statutory language without recording cogent reasons demonstrating public safety or public emergency.

6 Sep 2024

The petitioner, Shyamalendu Kumar Das, a Deputy Chief Labour Commissioner (Central), challenged two orders dated 9 March 2018 and 17 March 2018 passed...

High Court

Bombay High Court Allows Enforcement of Foreign Arbitral Award in Investment Dispute — Rejects Bias Challenge Based on Non-Disclosure. Failure to disclose by arbitrator does not automatically render award contrary to public policy under Section 48(2)(b) of Arbitration and Conciliation Act, 1996; respondents waived objection by participating in arbitration without raising issue.

25 Apr 2023

The petitioner, HSBC PI Holdings (Mauritius) Limited, sought enforcement of a foreign arbitral award against the respondents, Avitel Post Studioz Limi...

High Court

Bombay High Court Allows Convict's Petition Against Cancellation of Emergency Parole Due to Substitution of Rule 19. Cancellation Order Set Aside as State's Affidavit Revealed Rule 19 Was Substituted After the Impugned Order.

29 Apr 2022

The petitioner, Sachin @ Anna Daniel Gabrel, a life convict for offences under Sections 302, 149, 148, and 143 of the Indian Penal Code, was undergoin...

High Court

Bombay High Court Initiates Suo Motu Contempt Against Prison Superintendent for Wilful Disobedience of Emergency Parole Orders. Superintendent Selectively Applied Binding Precedent Under Rule 19(1)(c) of Maharashtra Prisons (Bombay Furlough and Parole) (Amendment) Rules, 2020, Refusing Release to 35 Eligible Prisoners While Granting Parole to 6 Ineligible Ones.

16 Mar 2022

The Bombay High Court at Nagpur initiated suo motu contempt proceedings against Shri Anupkumar M. Kumre, Superintendent of Central Prison, Nagpur, und...

High Court

Bombay High Court Dismisses Convicts' Emergency Parole Petition for Suppression of Facts and Misleading Statements. Petitioners convicted in 1996 Bombay Blast case sought emergency parole under Maharashtra Prisons Rules but suppressed material facts regarding their parole history and overstays.

19 Jun 2021

The petitioners, Asgar Kadar Sheikh and Mohd Yakub Abdul Majid Nagul, were convicts in the 1996 Bombay Blast case, serving sentences for offences unde...

High Court

Bombay High Court Holds Aurangabad Bench Has Jurisdiction Over Parole Rejection Order Passed at Nashik Central Prison — Reference Answered in Favor of Respondent Prisoner. Territorial Jurisdiction Determined by Place of Confinement and Communication of Order, Not Solely by Location of Prison Authority.

25 Jan 2021

The case arose from a reference made by a division bench of the Bombay High Court at Aurangabad regarding its territorial jurisdiction to entertain a ...

High Court

Bombay High Court Refers Conflict on Emergency Parole for POCSO Convicts to Larger Bench. Interpretation of Rule 19(1)(C) of Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 Requires Resolution of Conflicting Decisions on Entitlement of Convicts Under Section 376 IPC and POCSO Act.

6 Nov 2020

The petitioner, Pintu Uttam Sonale, a convict under Section 376 of the Indian Penal Code and Sections 3, 4, and 5 of the Protection of Children from S...

Supreme Court

Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

8 Apr 2019

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

Supreme Court

Supreme Court Upholds Continuance of Emergency Ordinance After Termination of Emergency. Under the India and Burma (Emergency Provisions) Act, 1940, the Deletion of the Time Limit from Section 72 of the Government of India Act, 1935 Equated the High Denomination Bank Notes (Demonetisation) Ordinance, 1946 to Permanent Legislation, Remaining Valid Post-Emergency.

12 Feb 1957

The appellant, Hansraj Moolji, was prosecuted for an alleged contravention of Section 4 of the High Denomination Bank Notes (Demonetisation) Ordinance...

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