Judgements without assigned author

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Supreme Court Sets Aside Ex Parte Dismissal in Specific Performance Suit Due to ...
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Judgements without assigned author

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High Court

High Court Dismisses PIL in Land Reservation Lapse Case Under MRTP Act Due to Automatic Statutory Lapse and Revised Development Plan. Petitioners Lacked Locus Standi as Grievance Was Private Interest, and Municipal Council's Inaction After Purchase Notice Led to Deemed Lapse Under Section 127 of Maharashtra Regional and Town Planning Act, 1966, With New Plan Safeguarding Public Amenities....

The dispute originated as a Public Interest Litigation filed in 2017 before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging a communication dated 21 September 2015 from the Ur...

High Court

High Court Dismisses Petition by Apprentices Seeking Absorption as Regular Officers Under Apprentices Act, 1961. No Automatic Right to Absorption Exists Under Section 22(1) of the Act, and Employer Retains Discretion in Recruitment, with Writ Jurisdiction Limited to Policy Enforcement....

The petitioners, who were appointed as Graduate Apprentice Trainees by Hindustan Petroleum Corporation Ltd. (HPCL) in 2016-2017, filed a writ petition under Article 226 of the Constitution of India. T...

High Court

High Court Allows Compensation to Dependents of Railway Employee in Railway Accident Case, Reversing Tribunal's Denial Based on Contradictory Evidence. Accidental Fall from Moving Train Constitutes Untoward Incident Under Section 123(c)(2) of Railways Act, 1989, and Railway Employee with Free Pass Qualifies as Bonafide Passenger Regardless of Pass Recovery at Site....

The appeal concerned a compensation claim under the Railways Act, 1989 filed by dependents of a railway employee who died after falling from a train. The deceased, employed in the commercial departmen...

High Court

High Court Allows Application for Constitution of Arbitral Tribunal Under Section 11(6) of Arbitration and Conciliation Act, 1996 After Setting Aside of Award. Application Filed Within Limitation as Cause of Action Arose After Supreme Court Dismissed Special Leave Petition, and Period Between Previous Arbitration Commencement and Court Order Excluded Under Section 43(4) for Computing Limitation for Claims....

The dispute arose from a Share Purchase Agreement executed on 8 December 2007 between Applicant as purchaser, Respondents as seller, and Percept Limited, involving the purchase of equity shares. The a...

High Court

High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy....

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the supply of packaging materials. Appellant claimed th...

High Court

High Court Dismisses Appeal Against Conviction for Rape of Minor Daughter Under POCSO Act and IPC. The Court upheld the conviction under section 376(2)(f) IPC and sections 6 and 9(n) read with section 10 of POCSO Act, 2012, finding the victim's testimony credible and age proven through school records, rejecting claims of false implication and insufficient evidence....

The appeal arose from a conviction by the Special Court for Protection of Children from Sexual Offences Act, Greater Bombay, in POCSO Case No. 485 of 2018. The appellant, father of the victim, was con...

High Court

High Court Allows Writ Petition for Pay Parity Under Article 226, Directing Municipal Corporation to Grant Equal Pay for Equal Work to Absorbed Employees. The Court Held That Employees Performing Similar Duties Are Entitled to Pay Parity Irrespective of Appointment Basis, Under the Principle of Equal Pay for Equal Work, and Directed a Time-Bound Decision on Their Proposal Within Three Months....

The dispute involved 28 Petitioners, former employees of Gram Panchayats absorbed into the Vasai-Virar City Municipal Corporation after its formation on 3rd July 2009, who filed a writ petition under ...

High Court

High Court Quashes Commissioner's Rejection of Charitable Trusts' Registration Renewal Under Income-tax Act - Mandatory Irrevocability Clause Not Statutorily Required. Commissioner's Action Imposing Extra-Statutory Condition and Arbitrary Online Form Compulsion Held Unsustainable Under Sections 12AA and 12AB of Income-tax Act, 1961....

The High Court of Judicature at Bombay heard a writ petition filed by several charitable trusts and professional bodies challenging the rejection of their applications for renewal of registration unde...

High Court

High Court Dismisses Application for Rejection of Plaint in Commercial Suit Based on Triable Issues of Limitation and Cause of Action. Application under Order VII Rule 11 CPC Rejected as Plaintiff Disclosed Cause of Action Through Trust Deed and Pleaded Continuing Breach Under Section 22 Limitation Act, Making Suit Maintainable....

The dispute arose from a commercial suit filed by the plaintiff, against Applicant, seeking specific performance of a contract dated 2nd February 2008 and damages. The applicant, defendant no.1, filed...

High Court

High Court Dismisses Writ Petition in Land Acquisition Case Upholding Acquisition and Leasing for Public Purpose. Acquisition Completed Under Land Acquisition Act, 1894 with Possession Taken in 2000, and 2013 Act Not Applicable Retrospectively, While Government Resolutions on Plot Allotment Do Not Apply After Ownership Extinguished....

The dispute involved petitioners challenging the acquisition of 25.39 acres of their land in Survey No.210, Village Wakad, Pune, for a new town development project under the Land Acquisition Act, 1894...

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