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Bombay High Court Allows Writ Petition Challenging Demolition Notice for Non-Compliance with DCR 2018 — Held that Construction Approved Prior to DCR 2018 is Not Subject to New FSI Restrictions. Vested rights of the petitioners were upheld as the building was substantially completed before the new regulations came into force....

The petitioners, Sai Chintan C.H.S.LTD. and MPR Builders and Developers LLP, filed a writ petition challenging a demolition notice dated 20.12.2022 issued by the Municipal Corporation of Greater Mumba...

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Bombay High Court Allows Retired Income Tax Commissioner's Petition for Full Pension and Retiral Benefits. Rule of 50% Deduction for Less Than 10 Years Qualifying Service Under Rule 49(2)(b) of CCS (Pension) Rules, 1972 Not Applicable to Petitioner Who Served Over 30 Years....

The petitioner, B.B. Rajendra Prasad, a retired Commissioner of Income Tax, filed a writ petition challenging the judgment of the Central Administrative Tribunal dated 5 August 2022, which dismissed h...

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Bombay High Court Dismisses Writ Petitions Challenging Denial of Approval for Appointment as Principal in Minority Educational Institution. Appointment made without following statutory selection procedure under Maharashtra Universities Act, 1994 and University Ordinances, and without prior approval of the Joint Director of Higher Education, held invalid....

The case involves two writ petitions filed by Sharanappa Chandramappa Hegde challenging the denial of approval for his appointment as Principal of Vidyan Mahavidyalaya Sangola, a minority educational ...

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Bombay High Court Allows Conditional Leave to Defend in Commercial Summary Suit for Recovery of Money — Defendant Directed to Furnish Bank Guarantee for 75% of Claim. Court holds that where defence is not bona fide, leave to defend may be granted on condition of furnishing security under Order XXXVII Rule 3 CPC....

The plaintiffs, Agarwal Associates & Agencies and Smt. Manju Agarwal, filed a Commercial Summary Suit No. 15 of 2022 before the Bombay High Court against Vinay Fabrics Pvt. Ltd. for recovery of money....

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Bombay High Court Partially Sets Aside Arbitral Award in Lease Dispute — Damages for Unexpired Lock-in Period Awarded. Court holds that arbitrator erred in limiting damages for premature termination of lease to only 6 months instead of the entire unexpired lock-in period under the Lease Deed dated 23rd April, 2016....

The petitioners, heirs of the original lessor, filed a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to set aside a portion of an arbitral awa...

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Bombay High Court Allows Appeal Against Section 9 Order in Arbitration Dispute Over Appointment of Court Receiver. Court holds that appointment of a Court Receiver to take possession of secured assets without considering the balance of convenience and irreparable loss is not warranted under Section 9 of the Arbitration and Conciliation Act, 1996....

The present appeal impugned an order dated 31st August 2023 passed by the Learned Single Judge in a Commercial Arbitration Petition filed by Respondent No.1 under Section 9 of the Arbitration and Conc...

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Bombay High Court Allows Petitioner in TAIT Examination Case Due to Technical Glitch - Multiple Appearance Not Deliberate, Candidature Restored. Guidelines for TAIT Examination Are Not Statutory; Cancellation Without Considering Explanation Is Disproportionate and Violates Natural Justice Under Article 14....

The petitioner, Shubham Navnath Mali, a 27-year-old M.Sc. graduate, filed a writ petition before the Bombay High Court at Aurangabad challenging the cancellation of his candidature for the Teachers Ap...

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Bombay High Court Allows Petitions Challenging Tender Cancellation and Work Order Issued to Private Respondent in Municipal Contract Dispute. Court holds that cancellation of tender after acceptance of bid and issuance of work order to another bidder without valid justification is arbitrary and violative of Article 14 of the Constitution....

The petitioners, who were successful bidders in a tender process conducted by the Latur City Municipal Corporation for construction work, filed writ petitions seeking direction to issue work orders an...

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High Court of Karnataka Quashes Resolution Declaring Petitioner Ineligible to Bid for Sand Blocks in Palguni River — Violation of Principles of Natural Justice. Failure to Provide Show Cause Notice Before Blacklisting Petitioner Renders Resolution Void....

The petitioner, Sri Rajeeva, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging Resolution No.2 passed by the Di...

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High Court of Karnataka Dismisses Revenue's Appeal in GST Detention Case — Confiscation Notice Under Section 130 Without Prior Adjudication Under Section 129 Held Invalid. The court held that proceedings under Section 130 of the CGST Act, 2017 cannot be initiated without first completing the adjudication process under Section 129 of the Act....

The Revenue (Union of India and others) filed an intra-court appeal against the order of a learned Single Judge in W.P.No.100849/2022 dated 16.08.2022, which allowed the writ petition filed by the res...