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Search Results for "Writ Petition"

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High Court

Selection Process of Managing Directors — Challenge to Introduction of Minimum Marks Benchmark — Principle of Non-Arbitrariness Upheld

7 Feb 2025

Constitution of India (COI) — Article 14 — Principle of Equality — Rules of Selection Process Cannot Be Changed Arbitrarily After Commencement �...

High Court

High Court of Judicature at Bombay — Proxy Litigation Dismissed; License Cancellation Upheld Following Relinquishment of Tenancy Rights

7 Feb 2025

The Court held that the Deed of Release dated 10th December 2015 clearly established relinquishment of tenancy rights. No new tenancy agreement o...

High Court

Deemed Conveyance Under Maharashtra Ownership Flats Act, 1963 (MOFA) — Civil Court Jurisdiction in Title Disputes — Quasi-Judicial Authority’s Scope — Premature Application for Deemed Conveyance

7 Feb 2025

Constitution of India (COI) — Article 226 — Writ Jurisdiction — Civil Court’s Exclusive Authority on Title Disputes Maharashtra Ownership Fla...

High Court

National Highway Authority’s Failure to Compensate for Additional Land Acquisition Deemed Unlawful – Bombay High Court.

7 Feb 2025

Land Acquisition – Compensation – Constitutional Safeguards for Private Property Rights The High Court held that the additional land was indeed t...

Supreme Court

Land Acquisition – Violation of Natural Justice – High Court’s Duty to Grant Opportunity

4 Feb 2025

Delay and Procedural Irregularities – The Supreme Court set aside the High Court’s decision due to a violation of the principles of natural justic...

High Court

Bombay High Court Upholds Differential Attempts for OBC and SC/ST Candidates in Civil Services Examination

4 Feb 2025

Challenge to Civil Services Examination Rules 2024 on Attempts for Persons with Benchmark Disabilities (PwBD) The Bombay High Court dismissed the pet...

High Court

Executionary Powers of District Magistrate Under Maharashtra Cooperative Societies Act, 1960 — No Obligation for Independent Inquiry or Borrower's Hearing.

4 Feb 2025

The Court held that: (a) The Special Recovery Officer was duly notified via the gazette notification. (b) The District Magistrate’s function under R...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

Supreme Court

Rights of Persons with Disabilities – Reasonable accommodation in examinations – Facility of scribe and compensatory time extended to all disabled candidates.

3 Feb 2025

Constitution of India, 1950 – Article 32 – Writ jurisdiction invoked for enforcing rights under the Rights of Persons with Disabilities Act, 2016 ...

High Court

Bombay High Court Rejected Petition Seeking Renewal of License for Open Plot – Held No Enforceable Legal Right Under Article 226 of the Constitution of India

3 Feb 2025

No Vested Right for Renewal of License Petition dismissed. Court held Petitioner had no vested legal right for renewal after expiry of license by e...

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