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High Court of Judicature at Bombay Partially Allows Petition in Service Law Dispute Regarding Suspension Period Treatment. Court holds that acquittal does not automatically entitle full backwages during suspension, but directs treatment of suspension period as duty for qualifying service and pension purposes under Regulation 75 of Mumbai Municipal Corporation (Service) Regulations, 1989....

The dispute involved a petition filed by a former employee of the Municipal Corporation of Greater Mumbai (MCGM) seeking a direction to treat his suspension period from 29 November 1986 to 9 May 1990 ...

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  • 372
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High Court Quashes Orders Directing Admission of Members in Co-operative Housing Societies Based on Agreements for Non-Existent Flats. The court found the orders illegal as they ignored that the flats were refuge areas and violated Section 154B-5 of the Maharashtra Co-operative Societies Act, 1960, which restricts membership to available flats....

The dispute involved four registered co-operative housing societies (petitioners) challenging orders from co-operative authorities that directed them to admit two private individuals (respondents 3 an...

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  • 542
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High Court Quashes Rejection of Compassionate Appointment and Grants Ex-Gratia Compensation for COVID-19 Death of Employee. Court applied preponderance of probability standard to medical evidence, finding death due to COVID-19 under Administrative Order No. 407 of 2020 and Departmental Notification dated 10th June 2020, despite absence of RTPCR test....

The dispute arose from a Writ Petition filed by the Petitioner, against the General Manager of Brihan Mumbai Electricity Supply and Transport Undertaking (BEST) and the Brihanmumbai Municipal Corporat...

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  • 350
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High Court Dismisses Writ Petition in Criminal Matter Due to Availability of Alternate Remedy. Order Rejecting Application Under Section 156(3) of Criminal Procedure Code is Final and Revisable Under Section 397, Making Writ Petition Under Article 226 Read with Section 482 Not Maintainable....

The dispute originated from Kotak Mahindra Bank Ltd. (the petitioner) filing an application under Section 156(3) of the Criminal Procedure Code before the Judicial Magistrate First Class, Bandra, Mumb...

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Madras High Court Dismisses Writ Petition Challenging Eviction from Grama Natham Land — Petitioner Not Entitled to Assignment Patta as He Is Not Landless Poor Person. The court upheld the eviction proceedings under Sections 6, 7, and 10 of the Tamil Nadu Land Encroachments Act, 1905, and RSO 21, finding that the petitioner was an encroacher and not eligible for patta....

The petitioner, E. Sundara Murthy, filed a writ petition challenging the proceedings of the District Collector, Tiruvannamalai, dated 10.07.2023, which declined to grant assignment patta in respect of...

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  • 92
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High Court

Madras High Court Dismisses Petition Seeking Daily 'Ahimsa Path' Until End of World War — Rejection of Indefinite Protest Permission Upheld as Reasonable Administrative Decision. The Court held that the right to peaceful assembly is not absolute and is subject to reasonable restrictions under Article 19(2) and (3) of the Constitution of India, and the police's refusal to permit an indefinite daily protest was not arbitrary....

The petitioner, S. Prabhu, claiming to be the Union Secretary of 'Pathu Roobai Iyakkam', filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras Hig...

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  • 206
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Madras High Court Directs Removal of Encroachments Under Tamil Nadu Land Encroachment Act, 1905 — Suit Barred Under Section 14. Civil suit challenging notice under Section 7 of the Act is barred by Section 14, and the suit having been dismissed, authorities must proceed with enforcement within twelve weeks....

The petitioner, M.Raju, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court challenging a memo dated 19.07.2019 issued by the Tahsildar (third respondent)...

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  • 80
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Madras High Court Dismisses Petitioner's Challenge to Encroachment Eviction Order — Plan-Marked Channel in Patta Land is Government Land Under RSO 26(15). The court upheld the concurrent findings of the authorities that the petitioner's construction of a pipeline and wall in a plan-marked channel constituted encroachment on government land, and no interference was warranted in writ jurisdiction....

The petitioner, V.S. Ponnusamy, owned a land at Nallagoundanpalayam Village, Erode Taluk. A plan-marked channel was running through his patta land. Under RSO 26(15), such a channel is deemed to be gov...

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  • 680
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Madras High Court Directs Municipal Authorities to Remove Encroachment by Religious Idol on Public Road — Mandamus Issued for Field Inspection and Removal of Unauthorized Structures Within Twelve Weeks. The court held that encroachments on public roads must be removed at the initial stage to ensure free flow of traffic and benefit of road users....

The petitioner, A. Palanisamy, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the second and third respondents (Commissioner and Assistant Co...

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  • 238
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Madras High Court Dismisses PIL Seeking Mandamus Against MoRTH Official for Alleged Caste Fraud. Court holds that writ of mandamus cannot be issued against a private individual and that the petitioner has no locus standi to seek action against a government employee based on unsubstantiated allegations....

The petitioner, Karimishetty Sreenivasulu, filed a writ petition under Article 226 of the Constitution of India, styled as a public interest litigation, seeking a mandamus directing the 7th respondent...

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  • 186
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