Search Results for "non-consideration"

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Supreme Court Refers Challenge to Abrogation of Article 370 to Larger Bench Due to Conflicting Precedents. The Court finds conflicting views on whether Article 370 is temporary or permanent, requiring resolution by a larger Bench.

This order by the Supreme Court of India deals with a preliminary issue in a batch of petitions challenging the constitutional validity of two Constit...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal Award in Workmen Termination Dispute. Employer-Employee Relationship Established Between Firm and Workmen Despite Contractor Engagement.

The petitioner, a partner of M/s. Shah & Co., challenged an award of the Industrial Tribunal at Mumbai in Reference (IT) No.24 of 2011. The dispute co...

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Bombay High Court Upholds Government Resolution Requiring NOC for School Recognition in Education Act Case. Educational Societies Challenge Condition of No Objection Certificate from Local Authority for Grant of Recognition to Primary Schools Under Maharashtra Primary Education Act, 1947.

The judgment concerns a batch of writ petitions filed by various educational societies and trusts challenging a Government Resolution (GR) dated 30th ...

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Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Adverse Possession.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the 7th Additional District Judge, ...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Placement of Bail Order Before Detaining Authority. The court held that the bail order was a vital document and its non-consideration vitiated the subjective satisfaction under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, brother of the detinue, filed a writ of habeas corpus under Article 226 of the Constitution challenging the detention order dated 17th...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Failure to Consider Petitioner's Release on Bail in Criminal Case Rendered Detention Order Invalid.

The petitioner, Nasir Ismail Mujavar, challenged a detention order dated 3 February 2012 passed by the Commissioner of Police, Mumbai, under the Mahar...