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Bombay High Court Quashes BMC Recovery Order in Contract Dispute — Unilateral Recovery Without Notice Violates Natural Justice. Petitioner's dues cannot be withheld without prior notice and opportunity of hearing under Article 226 of the Constitution of India....

The petitioner, Michigan Engineers Pvt. Ltd., a company engaged in infrastructure and construction services, filed a writ petition under Article 226 of the Constitution of India challenging the action...

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High Court of Judicature at Bombay Considers Interim Injunction in Pledge Enforcement and Share Transfer Dispute — Application Seeks to Restrain Voting and Transfer Rights Over Pledged Shares. Pledgee Rights Under Section 176 of Indian Contract Act, 1872 and SEBI Takeover Code Disclosure Obligations Are Central to Dispute....

The matter arose from Interim Application (L) No. 29574 of 2021 filed in Commercial Suit No. 189 of 2022 before the High Court of Judicature at Bombay. The applicant/plaintiff, World Crest Advisors LL...

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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002....

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operative Bank (appellant in AO-1005/2022) and Yashoda Shr...

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Bombay High Court Allows Appeal Against Refusal of Injunction in Demolition Case — Municipal Corporation's Notice Under Section 354A of MMC Act, 1988 Challenged. Court Held That Trial Court Erred in Not Considering Prima Facie Case and Balance of Convenience, and Directed Status Quo Pending Suit....

The appellant, Sandesh Sonu Gawalkar, filed a civil appeal against an order dated 24 June 2022 passed by the City Civil Court, which refused to grant an ad-interim injunction against a demolition noti...

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Bombay High Court Quashes Reassessment Notices and Orders Under Section 153 of Income Tax Act, 1961 for Lack of Valid Sanction and Non-Application of Mind. Reassessment proceedings initiated without proper approval under Section 151(2) and based on borrowed satisfaction are invalid....

The petitioner, Ashok Commercial Enterprises, filed nine writ petitions challenging reassessment notices dated 19th July 2021 and 14th July 2021 issued under Section 153 of the Income Tax Act, 1961 fo...

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Bombay High Court Dismisses Writ Petition by Co-operative Housing Society Against Order Allowing Member to Construct Building. Transfer of Plot with Existing Construction Does Not Bar Transferee from Seeking Permission to Raise New Construction Under Bye-laws of Society....

The petitioner, Vinayak Adarsha Co-operative Housing Society Ltd., challenged the judgment and order of the Divisional Joint Registrar dated 25.05.2018 in Revision Application No. 11/2017, which confi...

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Bombay High Court Allows Writ Petition Challenging Termination of Assistant Teacher in Ashram School — Violation of Natural Justice and Non-Compliance with MEPS Act, 1977. Termination set aside due to lack of proper inquiry and approval under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The petitioner, Bhaskar Sonerao Deshmukh, was appointed as an Assistant Teacher in an Ashram School run by Respondent No. 1, Ahilyabai Holkar Shikshan Prasarak Mandal, on 18.11.1996. His appointment w...

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High Court of Karnataka Enhances Interim Maintenance for Wife and Son in Family Dispute — Husband's Challenge Dismissed. The court held that interim maintenance must reflect the husband's financial capacity and the family's standard of living, enhancing maintenance from Rs. 75,000 to Rs. 2,00,000 per month under Section 24 of the Hindu Marriage Act, 1955....

The judgment arises from two writ petitions filed under Article 227 of the Constitution of India before the High Court of Karnataka. The first petition (W.P. No. 2688/2023) was filed by Smt. Deepali L...

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High Court of Karnataka Quashes Private Complaint Against MLA and Others in Land Dispute Case — Allegations of Forgery and Misrepresentation Found to Be Civil in Nature. Court Held That Criminal Proceedings Cannot Be Sustained When Dispute Is Essentially Civil and No Prima Facie Case of Criminal Offence Is Made Out....

The petitioners, including a sitting MLA and three others, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, ...