Judgements without assigned author

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Judgements without assigned author

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High Court

Withdrawal of Pension—Superannuated Employee—Disciplinary Inquiry—Proportionality of Punishment—Rule 27(1), Maharashtra Civil Services (Pension) Rules, 1982. Departmental Inquiry Continued After Superannuation—Petitioner Found Guilty of Financial Irregularities—Penalty Modified to 50% Pension Withdrawal Permanently—Principles of Natural Justice Followed...

Constitution of India, 1950—Article 226—Judicial Review:—High Court exercised limited jurisdiction to interfere in disciplinary proceedings where penalty imposed was found disproportionate. —C...

High Court

Acquisition Of Land – Right To Fair Compensation – Illegality Of Forced TDR/FSI Grant – Applicability Of The Maharashtra Regional Town Planning Act, 1966 And The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013...

The acquisition must follow statutory requirements – In the absence of an agreement for TDR/FSI, monetary compensation under the 2013 Act is mandatory (Para 30–32). Demolition without compensation...

High Court

Arbitration Clause Upheld – Bombay High Court Appoints Sole Arbitrator Despite Procedural Objections...

Technical Plea on Incorrect Citation of Arbitration and Conciliation Act, 1996 – Rejected – Arbitration Proceedings to Commence Without Delay Existence of an arbitration agreement is the ...

High Court

Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree....

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the identification of structures. (Para 6) Non-exercis...

High Court

Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree....

High Court

Bail Application Allowed in Alleged Rape and Cybercrime Case Involving Consensual Relationship...

Bombay High Court Grants Bail to Applicant in a Case Under the Indian Penal Code, 1860 and Information Technology Act, 2000 – Observes Prima Facie Consensual Relationship and Absence of Clear Medica...

High Court

Assessment proceedings cannot be reopened based on change of opinion within 4 years – Notice under Section 148 declared without jurisdiction....

Bombay High Court Quashed Reassessment Notice Issued Under Section 148 of the Income Tax Act, 1961 Constitution of India, 1950 – Article 226 – Writ jurisdiction – High Court’s power to quash ...

High Court

Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions...

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands delay litigation and deprive parties of timely justic...

High Court

Bombay High Court Quashed Notice Issued Under Section 148 of the Income Tax Act, 1961. Reassessment Proceedings Deemed Invalid Due to Lack of New Material and Reopening on Same Grounds as Section 263 Proceedings...

Reopening of assessment is not permissible when the issues have already been adjudicated in revisional proceedings under Section 263 and no fresh material exists. Reassessment based on a change of op...

High Court

Acquittal in Stalking Case Under Section 354-D of the Indian Penal Code. Acquittal of the appellant due to insufficient evidence and failure to establish the offence of stalking....

The term ‘repeatedly’ in Section 354-D of the IPC requires recurring acts over a continuous period, which the prosecution failed to establish. Delay in lodging the FIR without justification casts...

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