Search Results for "Writ Jurisdiction"

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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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Bombay High Court – Principles of Natural Justice Violated – Final Assessment Order Rendered Null and Void

Bombay High Court set aside assessment order for non-compliance with statutory provisions under the Income Tax Act, 1961 and violation of principles o...

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Supreme Court Modifies Expulsion of Bihar MLC to Suspension, Reinstates Dr. Sunil Kumar Singh – Proportionality in Legislative Punishment Under Scrutiny. Court Invokes Article 142 to Ensure Proportionality in Legislative Discipline, Reinstates Petitioner After 7 Months of Expulsion

Maintainability of Writ Petition: The Court held that the Writ Petition is maintainable as Article 212(1) does not bar judicial review of legislative...

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Bombay High Court Quashed Termination Notice Due to Unfair and Arbitrary Action

Contract Law – Judicial Review – Public Law Element – Principles of Fairness and Reasonableness – Article 14 of the Constitution of India The...

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Bombay High Court Dismissed Writ Petition Challenging Unilateral Deemed Conveyance Order Passed Under Section 11 of the Maharashtra Ownership Flats Act, 1963.

Deemed Conveyance – Competent Authority’s Quasi-Judicial Jurisdiction – Civil Suit for Title and Ownership Disputes – No Interference Under Ar...

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Bombay High Court Directs Refund of Excess Tax Adjustment and Expedites Disposal of Pending Appeal. Unjustified Delay in Adjudicating Stay Application and Appeal Held Prejudicial to Taxpayer’s Rights

The court deprecated delay of over six years in deciding stay application and appeal.  Held that excess recovery was unjustified and directed refund ...