Search Results for "Article 226"

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Bombay High Court Quashed FIR and Proceedings in Special Case No.52/2020 Against Applicant – Held FIR Lacked Prima Facie Case and Sanction Under Section 196(1A) of the Code of Criminal Procedure, 1973 Was Not Obtained

The Court Held That the Criminal Proceedings Were Manifestly Attended With Mala Fide and Instituted With Ulterior Motive – No Sufficient Evidence to...

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Supreme Court Allowed Appeal — Directed Inclusion of Appellant in General Provident Fund-cum-Pension-cum-Gratuity Scheme. Non-Exercise of Option for Contributory Provident Fund Automatically Entitled the Appellant to Default Pension Scheme

Clear provisions of Chapter 16 of the University Statutes indicated automatic entitlement to the pension scheme in absence of opting for the Contribut...

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Bombay High Court Quashes Orders Rejecting Regularization of Compassionate Appointments Due to Delay. Failure of the Employer to Inform and Assist in Filing Compassionate Appointment Applications Cannot Be Held Against the Applicants – Orders Quashed

Employer's failure to fulfill its duty to inform and assist bereaved families in submitting applications within limitation cannot be held against the ...

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Supreme Court Refused Quashing of FIR but Granted Anticipatory Bail to the Appellant – Allegations of Misuse of Official Position and Criminal Breach of Trust under Indian Penal Code, 1860 (IPC)

The Court emphasized the need for thorough investigation into the allegations of misuse of powers under the Bombay Land Revenue Code, 1879 – Appella...

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Quashing of FIR and Charge Sheet in Rape Case Based on False Promise of Marriage – High Court Grants Relief to Petitioner. Bombay High Court Quashes FIR and Charge Sheet Under Section 376 IPC, Citing Lack of Prima Facie Case and Ulterior Motive

The Bombay High Court quashed the FIR and charge sheet, holding that: The allegations in the FIR, even if taken at face value, did not prima faci...

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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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Regularization of Services, Industrial Court’s Order for Regularization of Badli Workers – Tribunal’s Affirmation – Challenge Before High Court

Constitution of India, 1950 – Article 226 – Power of High Court in Service Matters: The High Court held that in the exercise of jurisdiction under...

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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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Supreme Court Reinstates Single Judge’s Decision in A.P. Electrical Equipment Corporation Case, Emphasizes Strict Compliance with Urban Land Ceiling Act, 1976. "Actual Physical Possession Must Be Taken Before Repeal Act, 1999; Mere Paper Possession Insufficient"

The Supreme Court allowed the appeals, setting aside the Division Bench’s judgment and restoring the Single Judge’s decision. The Court held...

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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...