Search Results for "Jurisdiction"

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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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High Court of Bombay Dismisses Writ Petitions Challenging Cooperative Court’s Order on Guarantor Liability and Limitation. Court Upholds Cooperative Court’s Decision on Guarantor Liability Under Maharashtra Cooperative Societies Act, 1960 – Limitation Period Under Section 92(1) Applicable

Jurisdiction of Cooperative Court: Under Section 91(1)(d) of the MCSA, a dispute against sureties and nominal members of a cooperative society is main...

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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...

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Bombay High Court Quashed FIR And Charge Sheet Against Petitioners For Lack Of Prima Facie Evidence — Reaffirmed Right To Peaceful Assembly Under Article 19(1)(b) Of The Constitution Of India

Constitution Of India, 1950 — Article 226 — Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 143, 145, 147, ...

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Arbitration Award Set Aside – Fresh Arbitration Permissible. Supreme Court’s Observations on Merits Do Not Bar Fresh Arbitration – Section 11 Application Allowed

Arbitration Award Set Aside – The Arbitral Award was set aside by the Division Bench of the Bombay High Court under Section 37 of the Arbitration a...

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High Court of Bombay Dismisses Interim Application, Holds Limitation and Due Diligence as Key Issues in Share Recovery Suit. Summary Judgment Denied in Share Dispute Due to Limitation and Need for Oral Evidence

Summary Judgment under Order XIII-A of the CPC: The Court held that a summary judgment can only be granted if the Defendant has no real prospect of d...

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Appropriate Government for ARAI held to be State Government – Petitioner not deemed a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947 – Petition dismissed

The petitioner’s supervisory and managerial functions disqualified him from being classified as a ‘workman.’ The nature of duties and responsib...

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Acquisition Proceedings Declared Lapsed. Non-payment of Compensation and Non-possession of Acquired Land for Over Five Years Resulted in Lapsing of Acquisition Proceedings Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Mere mutation entries without kabjepatti or credible evidence of possession do not establish the taking over of physical possession. Absence of notice...

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High Court of Judicature at Bombay Set Aside Order of Revisional Authority in Membership Eligibility Dispute. Enrollment of Members Without Fulfilling Statutory Conditions—Interference by Revisional Authority Quashed—Findings of Registrar and Appellate Authority Upheld

a) Registrar’s powers under Section 11 of the MCS Act are confined to determining the factual eligibility of prospective members. b) Revisional Auth...

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Supreme Court Upholds Cancellation of Select List for Constable Recruitment Due to Irregularities. Recruitment Process Cancelled Due to Violation of Reservation Policy and Lack of Fair Representation – Supreme Court Reiterates Doctrine of Proportionality and Wednesbury Unasonableness

The doctrine of Proportionality: The Court held that the decision to cancel the entire recruitment process was proportionate to the gravity of the irr...