Judgements without assigned author

Scroll Down To Discover

Sort by:

© Image Copyrights Juris Services & Technology

Limitation Act, 1963 – Article 113 – Right to sue accrued when the default in payments occurred – Declaration as a defaulter does not extend limitation period – Suit for recovery of membership dues held time-barred....

a. Cause of action arose when the default in payment occurred, not when the respondents were declared defaulters.b. Suit filed beyond three years from the default period (2008-09 to 2015-16) was time-...

© Image Copyrights Juris Services & Technology

Pension Entitlement – Part-Time Teacher – Night Junior College – Service Continuity. The Bombay High Court held that a part-time teacher in a Night Junior College is not entitled to pension under the Maharashtra Civil Services (Pension) Rules, 1982, and the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977....

A teacher in a Night Junior College, working for limited hours, cannot be treated as a full-time employee. Part-time service cannot be converted into full-time service for pension purposes unless spe...

© Image Copyrights Juris Services & Technology

Bombay High Court quashed rejection of technical bid by respondent due to an unreasonable and arbitrary interpretation of tender conditions, directing re-evaluation of the financial bid. Arbitrary Interpretation of Tender Conditions...

Constitution of India, 1950 – Article 14–Judicial Review in Tender Matters – Constitutional Courts should interfere only if tender decisions are arbitrary, mala fide, or violate public interest ...

© Image Copyrights Juris Services & Technology

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, 341, 186, 353, 120-B Read With Section 149 — FIR...

© Image Copyrights Juris Services & Technology

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 institution. Proportionality of Punishment: The Co...

© Image Copyrights Juris Services & Technology

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 maintainable before the Cooperative Court. (Paras 13, ...

© Image Copyrights Juris Services & Technology

Bombay High Court Ordered Official Liquidator to Handover Possession of Tenanted Premises to the Landlords. The Court Held That Tenancy Rights Cannot Be Considered as Assets of the Company in Liquidation and Directed the Official Liquidator to Return Possession of Flats in Question....

The Court reaffirmed its wide powers under Section 446 of the Companies Act. Held that tenancy rights are not considered assets for the purpose of winding up. Stated that the official liquidator’s...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismissed Writ Petition Due to Delay and Laches in Seeking Reinstatement of Employment. Court Held That Stale and Time-Barred Claims Cannot Be Revived by Repeated Representations...

Constitution of India, Article 226 — Writ of Mandamus — Dismissed — Claim for Reinstatement After 27 Years — Petitioner’s Delay and Laches in Asserting Rights — Held: Belated and Stale Cla...

© Image Copyrights Juris Services & Technology

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 and Conciliation Act, 1996, and the Supreme Court u...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismissed the Writ Petition Challenging Base-Rate Method for Tender Evaluation. Contractual Matters — Tender Evaluation — Base-Rate Method Applied — No Arbitrariness or Unreasonableness Found — Judicial Review in Tender Process Limited to Cases of Visible Malafides or Irrationality...

Constitution of India, 1950 (COI) — Article 226 — Judicial Review — Scope of Court’s Interference in Government Contracts — Court Held that Judicial Review is Limited to Cases of Arbitrarine...