Search Results for "Article 22"

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Public Interest Litigation – Suppression of Material Facts – Criminal Contempt – Maintainability of PIL. High Court dismissed the PIL on grounds of suppression of facts, lack of bona fides, and scandalizing the court. Criminal contempt was noted but no proceedings were initiated.

Litigants filing PIL must disclose all material facts and approach the court with clean hands. Scandalizing the court through social media can constit...

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Supreme Court Upholds Auroville Foundation’s Authority, Sets Aside High Court’s Decision on Standing Order No. 1/2022. Governing Board’s Powers Prevail Over Residents’ Assembly in Auroville Development Dispute

Suppression of Material Facts: A litigant invoking the extraordinary jurisdiction of the High Court under Article 226 of the Constitution must come wi...

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High Court Dismisses Petition Challenging Land Acquisition After 38 Years, Citing Delay and Laches. Petition Barred by Inordinate Delay – Abuse of Process of Law – Maharashtra Industrial Development Act, 1961 – Article 226 of the Constitution of India

Delay and Laches: The Court held that a petition filed after an inordinate delay, without any justification, is barred by the principles of delay and ...

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Bombay High Court dismissed writ petitios challenging notices under Section 153C of the Income-Tax Act, 1961, ruling that disputed questions of fact regarding incriminating material, limitation, and jurisdiction should be agitated before appellate authorities.

Income-Tax Act, 1961 – Section 153C – Limitation, Jurisdiction & Incriminating Material – Writ Petition Not Maintainable The writ petition ...

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Bombay High Court Held That Retirement Includes Resignation—Entitlement to Pension Upheld

Resignation of a High Court Judge Does Not Forfeit Pensionary Benefits—Interpretation of “Retirement” Under High Court Judges (Salaries and Cond...

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Extension of Time for Hotel Construction Without Additional Lease Premium. Court Sets Aside CIDCO’s Termination Notice, Grants Extension for Hotel Project with Waiver of Additional Lease Premium

Arbitrary Action Violates Article 14: The Court held that CIDCO’s actions were arbitrary and violated the principles of equality under Article 1...

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Refund of Premium Paid Under Urban Land Ceiling Act – Estoppel and Waiver of Rights. Court Rejects Money Claim for Refund of Premium After Land Sale, Upholds State’s Policy Under Urban Land Ceiling Act

Estoppel and Waiver: A party that accepts the benefits of a Government Resolution and acts upon it cannot later claim a refund or challenge the legali...

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High Court Quashed Appellate Order, Restored Temporary Injunction in Specific Performance Suit. Bombay High Court held that an unregistered Agreement for Sale is admissible as evidence in a suit for specific performance and reversed the appellate court’s decision denying temporary injunction.

A discretionary order granting a temporary injunction should not be interfered with unless it is arbitrary or perverse (Wander Ltd. vs. Antox India P....

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Suspension of Student for Alleged Misconduct and Anti-National Activities. High Court Upholds Two-Year Suspension of Ph.D. Student for Breach of Institute’s Code of Conduct and Misuse of Institute’s Name in Politically Motivated Protests

Freedom of Expression: While students have the right to freedom of expression, this right is subject to the rules and regulations of the educational i...