Search Results for "Writ Petition"

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Landmark Judgment Reinforces Equality and Reasonable Accommodation for Persons with Disabilities in Judicial Appointments

Supreme Court Upholds Rights of Visually Impaired Candidates in Judicial Services, Strikes Down Discriminatory Rules Reasonable Accommodation: The p...

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Bombay High Court – Income Tax – Remission of Matter to Dispute Resolution Panel (DRP) – Costs Imposed on Petitioner. Failure to inform the Assessing Officer of pending objections before the Dispute Resolution Panel led to the setting aside of the assessment order with costs imposed.

The Court exercised its discretion in setting aside the assessment order due to the Petitioner’s procedural lapse, emphasizing that such indulgence ...

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Supreme Court Reinstates Terminated Women Judicial Officers, Emphasizes Gender Sensitivity in Judiciary. Court Sets Aside Termination Orders, Reinstates Sarita Choudhary and Aditi Kumar Sharma with Consequential Benefits

The Supreme Court set aside the termination orders, holding that the terminations were punitive, arbitrary, and astigmatic. Petitioners were reinstate...

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Failure to Furnish Copy of Requisition for No-Confidence Motion Does Not Invalidate the Motion: Bombay High Court. Bombay High Court Upholds Validity of No-Confidence Motion Despite Non-Service of Requisition Copy to Sarpanch

The failure to furnish a copy of the requisition to the Sarpanch under Rule 2(2) of the No Confidence Motion Rules does not invalidate a no-confidence...

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Bombay High Court Upholds Validity of Marriage Certificate Under Special Marriage Act, 1954. Marriage Certificate Issued Under Special Marriage Act Is Conclusive Evidence of Legality Until Set Aside by Competent Authority

Constitution of India, Article 226 – Writ Jurisdiction – Petition filed seeking directions for issuance of corrected Marriage Certificate after re...

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Counter-Claim Application Filed at a Belated Stage Rejected — Application for Counter-Claim After Framing of Issues and Recording of Evidence Not Permissible — Exceptional Circumstances Not Established

Counter-claims must generally be filed before the framing of issues; exceptional circumstances allowing later filing were absent in this case. Judici...

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Constitution of India, Code of Criminal Procedure, Indian Penal Code – Jurisdiction of High Court under Article 226 – Quashing of criminal proceedings

High Court exercised jurisdiction under Article 226 of the Constitution to quash criminal proceedings—Emphasis on abuse of process of law—No bar u...

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Slum Redevelopment — Interpretation of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Legality of Slum Rehabilitation Scheme — Rejection of Appellants’ Claims — Finality of AGRC Order

The Supreme Court dismissed the appeals, affirming the High Court’s decision and the AGRC’s findings. It held that the area was a ‘censused slum...

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Supreme Court Clarifies Arrest Powers Under Customs Act and GST Acts: Safeguards and Judicial Review. Balancing Individual Liberty and State Authority in Tax Evasion Cases

Arrest Powers Under Customs Act and GST Acts:-- The Supreme Court upheld the constitutional validity of arrest provisions under the Customs Act, 1962...

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Reopening of Assessment Beyond Four Years Held Illegal Without Fresh Tangible Material. Reassessment Under Section 147 of Income Tax Act, 1961 Quashed Due to Lack of Jurisdiction and Change of Opinion

The Bombay High Court quashed the notice dated 27 March 2021 under Section 148 and the assessment order dated 29 March 2022, holding that: The reopen...