Search Results for "Condition precedent"

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High Court

High Court Quashes Bye-Election Notification for Goa Legislative Assembly Seat Due to Insufficient Remaining Term Under Section 151-A of Representation of the People Act, 1951. Election Commission's Notification Declared Illegal as Incoming Member's Term Would Be Less Than One Year from Date of Election Result, Violating Mandatory Proviso Clause (a).

8 Apr 2026

The dispute arose from two writ petitions challenging the Election Commission of India's Notification dated 16.03.2026 for conducting a bye-election t...

High Court

High Court Quashes Bye-Election Notification for Goa Assembly Seat Due to Insufficient Remaining Term Under Representation of the People Act, 1951. Court held that bye-election cannot be held as remainder of term for newly elected member would be less than one year from date of election result, violating mandatory prohibition in Clause (a) of proviso to Section 151-A of the Act.

8 Apr 2026

The High Court of Bombay at Goa heard two writ petitions and a miscellaneous civil application challenging the Election Commission of India's Notifica...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Grant of Non-Functional Upgradation to Junior Engineers. Court Upholds High Court's Direction to Grant Level 9 Pay Under Seventh Central Pay Commission Recommendations, Holding That Entry-Level Distinction Cannot Deny Benefit When Four-Year Service Condition is Met.

1 Apr 2026

The dispute centered on the entitlement of Junior Engineers in the Border Road Organization to Non-Functional Upgradation to Level 9 with Grade Pay of...

High Court

High Court Quashes Externment Orders Under Maharashtra Police Act for Lack of Subjective Satisfaction and Improper Consideration of Offences. Externment Authority Failed to Record Satisfaction on Likelihood of Committing Similar Offences Post-Conviction as Required Under Section 57 of Maharashtra Police Act, 1951, Rendering Orders Invalid.

27 Mar 2026

The dispute arose from a criminal writ petition filed under Articles 226 and 227 of the Constitution of India, challenging the legality of externment ...

High Court

High Court Dismisses Employer's Writ Petition Against Death Compensation Order Under Merchant Shipping Rules. Jurisdiction of Seamen's Employment Office Upheld as 'Seaman' Definition Includes 'Master' Under Section 3(42) of Merchant Shipping Act, 1958 and Alternate Remedy Under Rule 19 of Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2016 Does Not Bar Writ for Jurisdictional Errors.

24 Mar 2026

The case involved a writ petition filed by Petitioner challenging an order dated 28 July 2017 by the Principal Officer (first Appellate Authority) dir...

High Court

High Court Sets Aside Magistrate's Process Order in Matrimonial Offence Case Due to Lack of Judicial Application of Mind. Magistrate's Order Issuing Process Under Sections 498A, 406 read with Section 34 IPC Quashed as Mechanical, Matter Remanded for Reconsideration to Ensure Proper Scrutiny.

23 Mar 2026

The dispute arose from a criminal case initiated by the complainant, the wife, against her in-laws, the petitioners, alleging offences under Sections ...

High Court

High Court of Bombay Dismisses Appeal in Unauthorized Construction Case Due to Lack of Proof of Authorization. Suit Challenging Demolition Order Under Section 351 of Mumbai Municipal Corporation Act, 1888 Found Maintainable Without Prior Notice Under Section 527 as It Seeks Injunctive Relief, Not Compensation.

17 Mar 2026

The dispute originated from a long-standing conflict between a property occupant and the Municipal Corporation of Greater Mumbai regarding the authori...

Supreme Court

Supreme Court Quashes Dismissal Order of Police Officer for Violation of Article 311(2) Safeguards - Dismissal Without Departmental Inquiry Held Illegal as Reasons for Dispensing with Inquiry Were Insufficient and Not Supported by Concrete Evidence.

12 Mar 2026

The appeal arose from the dismissal of a police officer from service without conducting a departmental inquiry, invoking clause (b) of the second prov...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal in Arbitration Case Upholding Arbitral Award. Challenge to Tribunal's Constitution Fails as 30-Day Appointment Period in Arbitration Agreement is Directory, Not Mandatory, Under Sections 16, 34, and 37 of the Arbitration and Conciliation Act, 1996.

11 Mar 2026

The dispute originated from a consultancy agreement dated 18 September 1995 between the Municipal Corporation of Greater Mumbai (MCGM) and Respondent ...

Supreme Court

Supreme Court Upholds High Court Judgments on Creamy Layer Determination for OBC Reservation in Civil Services. Inclusion of Salary Income for PSU Employees Under Category II(C) of Office Memorandum Dated 08.09.1993 Found Discriminatory and Set Aside Due to Violation of Article 14.

11 Mar 2026

The Supreme Court dealt with three consolidated civil appeals arising from separate High Court judgments concerning the determination of creamy layer ...

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