Search Results for "mandatory obligation"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "mandatory obligation"

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High Court

Bombay High Court Allows ESIC Appeal in ESI Coverage Dispute - Section 2A and Regulation 10B Held Mandatory. Employer's Failure to Obtain Code Number Does Not Excuse Contribution Liability Under Employees State Insurance Act, 1948.

31 Jul 2017

The appeal was filed by the Employees State Insurance Corporation (ESIC) under Section 82 of the Employees State Insurance Act, 1948 against the order...

High Court

High Court of Judicature at Bombay Allows Suo Motu Public Interest Litigation on Road Safety, Emphasizing Mandatory Duties of Municipal Corporations. Expansive Definition of 'Public Street' and Obligation to Ensure Safe Passage Under Sections 61(m), (n), (o) of Mumbai Municipal Corporation Act, 1888, Reaffirmed.

12 Apr 2018

This judgment in suo motu Public Interest Litigation No. 71 of 2013 arose from the Bombay High Court's concern about the deplorable condition of roads...

Supreme Court

Supreme Court Sets Aside Detention Orders in Preventive Detention Case — Government Obligation to Consider Representation Under Article 22(5) Exists Even After Reference to Advisory Board. The Court held that Article 22(5) implicitly requires the appropriate Government to consider a detenu's representation irrespective of the stage of reference to the Advisory Board, and failure to do so vitiates the detention.

1 May 1969

This case arose from a writ petition under Article 32 of the Constitution of India filed by several persons detained under the Preventive Detention Ac...

Supreme Court

Supreme Court Directs Comprehensive Measures to Tackle Uninsured Vehicles and Standardise Motor Insurance Policy Terms in Public Interest. Court Calls for Technology-Enabled Enforcement of Section 146 Motor Vehicles Act, 1988 and Mandates Consumer Awareness Initiatives

4 Aug 2026

The Supreme Court addressed two substantial issues arising in a civil appeal filed by an insurance company: the widespread non-compliance with Section...

High Court

High Court of Judicature at Bombay Dismisses Insolvency Petition Under Presidency-Towns Insolvency Act, 1909 — Debtor Fails to Prove Inability to Pay Debts as Maintenance Order Under Hindu Marriage Act, 1955 Does Not Constitute a Debt Under Insolvency Act

20 Nov 2025

The petitioner, Mehul Jagdish Trivedi, filed an insolvency petition under Section 14 of the Presidency-Towns Insolvency Act, 1909, seeking to be decla...

Supreme Court

Supreme Court Holds Public Procurement Policy for MSEs Enforceable, Issues Directions on Minimum Turnover Clauses. The Court ruled that the Procurement Order 2012 has force of law and that minimum turnover clauses must be proportionate, directing effective implementation of the 25% procurement mandate.

25 Feb 2025

The petitioner, a Micro Enterprise and its founder, challenged the legality of minimum turnover clauses in government tenders that prevented their par...

Supreme Court

Supreme Court Considers Obligation of State Government to Consider Detenu's Representation Before Advisory Board in Preventive Detention Cases. Question of Whether Article 22(5) Mandates Separate Consideration by Government Before Referral to Advisory Board Under Preventive Detention Act, 1950.

31 Jan 1969

The case involved writ petitions under Article 32 of the Constitution filed by Abdul Karim and Others against the State of West Bengal challenging the...

High Court

Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

24 Feb 2026

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

High Court

Bombay High Court Restrains Developers from Constructing Additional Buildings in Multi-Building Scheme Without Flat Owners' Consent Under MOFA. Disclosure of Potential Additional Construction Held Insufficient Where Specific Representations Were Made About FSI Utilisation and Layout.

22 Jan 2015

The dispute centered on a 230-acre development known as the Powai Area Development Scheme (PADS), in which several cooperative housing societies of co...

High Court

Bombay High Court Holds Section 143-A of Negotiable Instruments Act Directory — Interim Compensation Requires Recording of Reasons. Court clarifies that Section 143-A is not mandatory and reasons must be recorded for quantum under Section 143-A(2).

7 Jul 2022

The judgment arises from two criminal writ petitions filed by Ashwin Ashokrao Karokar (accused) against Laxmikant Govind Joshi (complainant) under the...

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