High Court

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High Court

Karnataka High Court Allows Conversion of Leave and License to Lease-cum-Sale for APMC Shop — Rule 12(2) of Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Yards) Rules, 2004 Mandates Conversion Upon Satisfaction of Conditions. The court quashed the resolution and notice directing vacation and directed the authorities to convert the agreement....

The petitioner, M/s. P.C. Guddad & Sons, a partnership firm, is a licensed market functionary and trader operating in the Agricultural Produce Market Committee (APMC) yard in Dharwad. In 1985, the pet...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Discretion to Grant Relief Upheld. Courts below correctly exercised discretion to decree specific performance of agreement to sell agricultural land based on credible evidence of payment and readiness....

The case involves a second appeal filed by the original defendant (appellants) against the judgment and decree passed in First Appeal No. 260/2014 by the Ad-Hoc District Judge-7, Nagpur, dated 21/04/2...

High Court

Bombay High Court Quashes Extension Order in MCOCA Case for Non-Compliance with Section 21(2)(b) — Default Bail Granted. Extension granted on application of Investigating Officer instead of Public Prosecutor's report, and without hearing accused, held illegal....

The appellants were arrested in Crime No. 242/2023 by Wardha City Police for offences under Sections 307, 143, 147, 149 of the Indian Penal Code, Sections 3, 4 read with Section 25 of the Arms Act, an...

High Court

Bombay High Court Allows Petition of Retired MIDC Employee Challenging Initiation of Enquiry After Superannuation and Withholding of Retiral Benefits. Disciplinary proceedings cannot be initiated after retirement without specific service rule provision; retiral benefits cannot be withheld without following procedure under Rule 9(1) of MIDC Employees' Pension Rules, 1987....

The petitioner, Pratapsinh Kedar Patil, was an employee of the Maharashtra Industrial Development Corporation (MIDC) who served for over 33 years and superannuated on 30th December 2022 as Executive E...

High Court

Bombay High Court Partially Allows Insurance Company's Appeal and Claimants' Cross-Objection in Motor Accident Claim — Reduces Compensation by Excluding Arrears of Salary but Enhances Consortium and Future Prospects. The Court held that arrears of salary are not regular income for computing loss of dependency, and that the Insurance Company failed to prove contributory negligence due to alleged alcohol consumption....

The case arises from a motor accident claim where the deceased, Shashin Mogale, died in a collision with a truck. The Motor Accident Claims Tribunal, Pune, awarded compensation to the claimants (wife,...

High Court

High Court of Bombay at Aurangabad Allows Appointment of Commissioner at Appellate Stage in Suit for Declaration, Possession and Mesne Profits — Held that Order 26 Rule 9 CPC does not bar appointment of Commissioner at appellate stage if necessary for just adjudication....

The petitioners, original plaintiffs, filed a suit for declaration, possession of encroached portion and mesne profits in respect of 8R of land out of Survey No.78 (gut no.369) at Hatta, Taluka Basmat...

High Court

Bombay High Court Allows Writ Petition for Salary Disbursement of Assistant Teachers, Quashes Show Cause Notice and Refusal Order. Approval for salary payment cannot be denied on grounds of alleged irregularities in appointment without affording proper opportunity of hearing and considering relevant rules....

The petitioners, Sandeep Chudaman Shinde and Sandeep Bhatu Patil, were appointed as Assistant Teachers in Late Bhausaheb K.R. Patil Secondary School, Burzad, run by Janta Vikas Mandal. They filed a wr...

High Court

High Court of Karnataka Quashes ICAI's Denial of Membership to CA Student for Non-Disclosure of B.Com Backlog — Failure to Disclose Backlog Not a Ground to Deny Membership Under Chartered Accountants Act, 1949. The court held that the backlog was not a material fact affecting eligibility, as the petitioner had cleared the backlog and obtained her degree before the CA results, and the denial was arbitrary....

The petitioner, Nikkitha K.J., a student who completed B.Com at ASC Evening Degree College and simultaneously pursued Chartered Accountancy (CA) course, cleared all CA examinations including the final...

High Court

High Court of Karnataka Quashes BBMP Endorsement Denying Khata Change Due to Pending Civil Suit. Property Tax Khata Transfer Cannot Be Denied Solely on Ground of Civil Suit Pendency Without Adjudication of Title....

The petitioners, Smt. Shanthamma and others, are legal heirs of late H.A. Veerabhadrappa. They filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Ka...

High Court

High Court of Karnataka Quashes Preventive Detention Order in Habeas Corpus Petition — Failure to Consider Less Restrictive Alternatives Under Karnataka Prevention of Dangerous Activities Act, 1985. Detenu's History of Criminal Cases Does Not Justify Preventive Detention When Bail Was Granted in Most Cases and No Material Shows Inadequacy of Regular Law....

The petitioner, Mohammad Shafiulla, father of the detenu Roshan Jameer @ Jameer @ Jammu, filed a habeas corpus petition under Article 226 of the Constitution of India challenging the detention order N...

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High Court

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Discretion to Grant Relief Upheld. Courts below correctly exercised discretion to decree specific performance of agreement to sell agricultural land based on credible evidence of payment and readiness....

Bombay High Court Quashes Extension Order in MCOCA Case for Non-Compliance with Section 21(2)(b) — Default Bail Granted. Extension granted on application of Investigating Officer instead of Public Prosecutor's report, and without hearing accused, held illegal....

High Court of Bombay at Aurangabad Allows Appointment of Commissioner at Appellate Stage in Suit for Declaration, Possession and Mesne Profits — Held that Order 26 Rule 9 CPC does not bar appointment of Commissioner at appellate stage if necessary for just adjudication....

High Court of Karnataka Quashes BBMP Endorsement Denying Khata Change Due to Pending Civil Suit. Property Tax Khata Transfer Cannot Be Denied Solely on Ground of Civil Suit Pendency Without Adjudication of Title....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

Bombay High Court Dismisses MBBS Student's Writ Petition Seeking Fourth Attempt in Anatomy...

High Court of Bombay Hears Writ Petitions Challenging Tenancy Orders Under Bombay Tenancy ...

Supreme Court Acquits Appellant in Prevention of Corruption Act Case Due to Absence of Pec...

Supreme Court Modifies High Court Order Appointing Different Arbitrator Under Section 11 o...

Supreme Court Upholds Scrutiny Committee Invalidation of Scheduled Tribe Caste Claim but P...

Supreme Court Allows Homebuyers' Appeal and Waives Time Extension Charges Imposed by Devel...

Supreme Court Dismisses Insurer's and Claimant's Appeals in Motor Accident Death Compensat...