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Bombay High Court Quashes Show Cause Notice Issued in 1991 Due to Inordinate Delay of 25 Years in Adjudication by Central Excise Authorities. The Court Holds That Power to Issue Show Cause Notice is Coupled with Duty to Adjudicate Promptly and Unreasonable Delay Vitiates Proceedings....

The petitioners, a company engaged in manufacturing motor vehicles and its chairman, filed a writ petition in the Bombay High Court seeking to quash a show cause-cum-demand notice dated 22-7-1991 issu...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Section 28A Application in Land Acquisition Case — Petitioner Failed to Pursue Reference Under Section 18 Diligently, Resulting in Dismissal for Non-Payment of Court Fees....

The petitioner, Shri Annasaheb Tulsiram Kharat, owned land at Village Mirgavan, Taluka Karmala, District Solapur, which was acquired for the Sina-Kolegaon Irrigation Project. A notification under Sect...

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Bombay High Court Quashes Suspension of Assistant Teacher in Zilla Parishad Service — Suspension Order Based on Non-Cognizable Offences and Pending Criminal Trial Held Invalid. Court Directs Reinstatement with Continuity of Service and Stipends, Relying on Maharashtra Zilla Parishads and Panchayat Samitis (Discipline and Appeal) Rules, 1964....

The petitioner, Nanuram s/o Dagdu Beldar, an Assistant Teacher employed with the Zilla Parishad, Jalgaon, was suspended by the Chief Executive Officer on 2nd November 2016. The suspension order cited ...

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Bombay High Court Dismisses Petition Against Rejection of Temporary Injunction in Suit for Injunction Simpliciter. Court holds that in a suit for injunction simpliciter, the plaintiff must establish possession and that the defendants are not in possession, and the trial court's finding of no prima facie case is not perverse....

The petitioners, original defendants in a civil suit, challenged the rejection of their application for temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908. The resp...

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High Court of Karnataka Allows Appeal in Execution Proceedings — Sale Set Aside for Material Irregularity in Conduct of Auction. Order XXI Rule 90 CPC requires that sale be conducted with proper notice and opportunity to judgment-debtors; failure to serve notice and conduct sale at spot without prior intimation constitutes material irregularity....

The appellants, Sri L. Nanjunda Murthy and Sri L. Nagaraj, were judgment-debtors in Execution No.3242/2014 pending before the XXXI Additional City Civil and Sessions Judge, Bengaluru. The respondent N...

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High Court of Karnataka Allows Legal Representative to Continue Appeal for Enhanced Compensation in Motor Accident Claim. Death of Injured Claimant During Appeal Does Not Abate Proceedings Under Section 173(1) of Motor Vehicles Act, 1988....

The case arises from a motor accident claim petition filed by Hussain Sab, a lorry driver, who sustained fractures to his pubic region and both hips in a truck accident on 03-08-2008 due to the rash a...

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High Court of Bombay Hears Writ Petition Against Appellate Order Partly Allowing Appeal and Granting Injunction on Terrace Use in Co-operative Housing Society Dispute. Appellate Court Directed Removal of Obstructions from Common Terraces on 6th and 7th Floors, Finding They Are Not Saleable Under Maharashtra Ownership Flats Act, 1963....

The dispute originated from a claim by a tenant co-partnership housing society registered under the Maharashtra Co-operative Societies Act, 1960, against two of its members. The society alleged that t...

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Bombay High Court Quashes Invalid Caste Certificate Order for Retired Employee — Directs Release of Retiral Benefits. Employer Cannot Withhold Retiral Benefits for Non-Furnishing of Caste Validity Certificate After Superannuation....

The petitioner, Jayram Vishram Gangawane, was employed by the Food Corporation of India (FCI) as a Peon in 1976 in the open category. He was subsequently promoted to Assistant Grade-III (1979) and Ass...

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Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925....

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will dated 15th September 1997. The testator’s daughte...