Search Results for "Rule 90(3) ultra vires"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "Rule 90(3) ultra vires"

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High Court

Bombay High Court Allows Writ Petition Against MCGM for Lease Renewal and Conveyance of Leasehold Plot. Court holds that delay in registration of assignment deed does not invalidate assignment and that lessee is entitled to renewal and conveyance under the Transfer of Property Act, 1882 and Mumbai Municipal Corporation Act, 1888.

1 Mar 2024

The petitioners, Kesar Corporation, Troika Constructions Company, and Dattashram Cooperative Housing Society Ltd., filed a writ petition against the M...

High Court

Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Commercial Construction. Court upholds MCGM's action under Section 351 of the Mumbai Municipal Corporation Act, 1888 for building without valid permission and in violation of development plan reservations.

21 Sep 2023

The petitioners, Kamla Industrial Park Ltd and Metallica Industries Ltd, challenged the demolition notice and stop-work notice issued by the Municipal...

High Court

Bombay High Court at Goa Quashes Information Commission Order Holding Patriarchal Tribunal as Public Authority Under RTI Act — Tribunal Not Substantially Financed by Government, Falls Outside Section 2(h) Definition. The court held that an ecclesiastical tribunal performing functions under Canon Law and Portuguese Civil Code is not a 'public authority' under Section 2(h) of the Right to Information Act, 2005, as it is not substantially financed by the government.

17 Aug 2023

The case involves a challenge by the Archbishop Patriarch of Goa, Daman & Diu, Most Rev. Fr. Filipe Neri Ferrao, represented through his Procurator Fr...

High Court

Bombay High Court Strikes Down Rule 90(3) of CGST Rules as Ultra Vires in Refund Re-Application Case. Rule 90(3) requiring fresh refund application within two years of relevant date held inconsistent with Section 54 of CGST Act, 2017.

10 Jan 2022

The petitioner, Saiher Supply Chain Consulting Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging the constit...

Supreme Court

Supreme Court Upholds Doctrine of Mutuality for Incorporated Clubs — Supply of Food and Drinks to Members Not Taxable as Sale. The Court held that Article 366(29-A)(e) does not override the mutuality principle and that incorporated clubs acting as agents of their members do not effect a 'sale' under sales tax laws.

3 Oct 2019

The Supreme Court in this batch of appeals considered the applicability of the doctrine of mutuality to incorporated clubs after the 46th Amendment to...

Supreme Court

Supreme Court Allows NDMC Appeals in Property Tax Dispute — Upholds Unit Area Method as Valid. The impugned Bye-laws are not ultra vires the NDMC Act, 1994, as they fall within the rule-making power under Section 388 and are consistent with Section 63.

30 Jan 2019

The Supreme Court allowed the appeals filed by the New Delhi Municipal Council (NDMC) against the Delhi High Court judgment dated August 10, 2017, whi...

High Court

Bombay High Court Dismisses Challenge to Section 27(3) of Consumer Protection Act, 1986 — Summary Trial for Non-Compliance Upheld. Section 27(3) is a complete code and does not violate Articles 14 and 21 of the Constitution.

18 Jul 2013

The petitioner, Shri A. G. Sawant, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

High Court

Bombay High Court Dismisses Petitions Challenging Bar Council Elections and Advocate General's Ex-Officio Membership. Court upholds Advocate General's membership in Bar Council under Section 55 of Advocates Act, 1961 and dismisses allegations of electoral irregularities.

13 Dec 2006

The judgment pertains to two writ petitions filed before the Bombay High Court challenging the composition and election of the Bar Council of Maharash...

High Court

Bombay High Court Dismisses Petition Challenging Bar Council Elections and Advocate Enrollment Rules. Court upholds Bar Council of India's power to prescribe enrollment conditions under Section 49 of Advocates Act, 1961 and rejects challenge to election process for lack of merit.

30 Nov -0001

The petitioner, Manubhai Paragji Vashi, an advocate aged about 79 years, filed a writ petition before the Bombay High Court challenging the election p...

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