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High Court of Judicature at Bombay Hears Arbitration Petitions Challenging Arbitral Awards in Real Estate Development Dispute — Awards Dated 22-23 April 2022 in Favour of Claimants. Court considers whether awards passed under Arbitration and Conciliation Act, 1996 in relation to allotment and development of plots in Arrow City Manhattan Project are liable to be set aside, especially given arbitrator's adoption of findings from Claim No.5 across other claims....

The Bombay High Court heard a batch of connected arbitration petitions filed by Arrow Engineering Limited challenging arbitral awards passed in favour of various individual respondents who were origin...

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  • 117
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High Court of Bombay Examines Writ Petitions Over Control and Management of an Engineering College; Petitioners Challenge State and University Nominations to Governing Body. The dispute centers on the validity of nominations made under the Maharashtra Public Trusts Act, 1950, Societies Registration Act, 1960, Maharashtra Universities Act, 1994, and All India Council for Technical Education Act, 1987, and whether the Administrative Council historically held exclusive management rights....

The dispute concerned control and management of Walchand College of Engineering, Sangli, a premier engineering college originally started in 1947 by the Maharashtra Technical Education Society. Financ...

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  • 61
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Bombay High Court Quashes Government Resolution Granting Letter of Intent for New Colleges, Holds State's Discretion Under Section 109(3)(d) of Maharashtra Public Universities Act Must Be Non-Arbitrary. Refusal Based on Extraneous Factors Like Age of Institution Violates Article 14 of Constitution....

The matter pertained to the establishment of a new college in Taluka-Haveli, Pune, under the Maharashtra Public Universities Act, 1960. The petitioner, M/s. Jagruti Foundation, a charitable trust with...

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  • 83
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Bombay High Court Allows Teacher's Transfer from Un-Aided to Aided Post in Same School, Quashes Education Officer's Refusal Based on Surplus Teacher Policy. Transfer of teacher within same school cannot be denied solely on ground of surplus teachers in district....

The petitioner, Smt. Anjana Madhav Channagire, was appointed as an Assistant Teacher in Jawahar Primary School, Latur, on 24.4.2013. Her services were initially approved on a non-grant basis by the Ed...

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  • 52
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Bombay High Court Allows Transfer of Teacher from Un-Aided to Aided Post in Same School, Quashes Education Officer's Refusal Based on Surplus Teacher Policy. The court held that the management's right to fill a vacant aided post by transferring an existing teacher cannot be thwarted by the Education Officer's condition of absorbing surplus teachers from the district, as no statutory provision supports such a condition....

The petitioner, Smt. Anjana Madhav Channagire, was appointed as an Assistant Teacher in respondent No.4 school (Jawahar Primary School) on 24.4.2013 after a selection process by respondent No.3 (Latur...

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  • 148
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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claims Due to Lack of Driving Licence and Invalid Insurance Policy. The court held that the insurer is not liable to pay compensation when the driver of the offending vehicle did not possess a valid driving licence, constituting a breach of policy conditions under Section 149(2) of the Motor Vehicles Act, 1988....

The case involves three first appeals filed by The New India Assurance Company Ltd (the insurer) against a common judgment dated 5th July 2003 passed by the Motor Accident Claims Tribunal in MACP No.2...

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  • 95
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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Age Evidence and Lack of Consent Proof. Conviction for Rape and Sexual Assault Set Aside as Prosecution Failed to Establish Victim's Minority and Non-Consensual Nature of Relationship....

The appellant, Pravin Popat Kharat, was convicted by the Special Judge under POCSO Act, Ahmednagar, for offences under Section 376(1) IPC and Section 4 of the POCSO Act, and sentenced accordingly. He ...

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  • 95
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Bombay High Court Acquits Appellants in Gang Rape Case Due to Material Contradictions and Improbable Prosecution Story. Conviction Under Section 376(g) IPC Set Aside as Medical Evidence Does Not Support Rape and Victim's Testimony is Full of Omissions....

The case pertains to an appeal against conviction under Section 376(g) IPC. The appellants, Parmeshwar and Vitthal, were convicted by the trial court for gang rape of a 15-year-old girl. The prosecuti...

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  • 129
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High Court of Karnataka Allows Writ Petition Challenging Forfeiture of Leave Encashment — Corporation Cannot Forfeit Sanctioned Privileged Leave Encashment Without Legal Authority. The court held that once leave encashment is sanctioned by the competent authority, it becomes a vested right and cannot be forfeited without statutory backing....

The petitioner, Smt. A. Alice, a former Senior Assistant at Karnataka Transmission Corporation Limited, retired on 30.04.2013. Prior to retirement, the competent authority had sanctioned 90 days of en...

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Karnataka High Court Dismisses Writ Petition Challenging Election of Director in Co-operative Society Due to Lack of Locus Standi. Non-Member of Society Cannot Challenge Election Under Karnataka Co-operative Societies Act, 1959....

The petitioner, Ms. Roopa M, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 13.04.2023 passed by the Karnataka Appellate Tribunal in Appeal No...

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