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Karnataka High Court Upholds SC/ST Reservation in Excise Licenses — CL-7D Rules Valid. Amendment to Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 providing concessional licenses to SC/ST hotel owners is not arbitrary or unconstitutional....

The petitioner, B Govindraj Hegde, Secretary of the Federation of Wine Merchants Association, Karnataka, challenged the vires of the Karnataka Excise (Sale of Indian and Foreign Liquor) (Amendment) Ru...

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Karnataka High Court Dismisses Winding Up Petition by Ex-Director Against Company for Disputed Interest Claim. Company Petition under Section 433(e) of Companies Act, 1956 dismissed as debt was bona fide disputed and no written agreement for interest existed....

The petitioner, Mr J R Srinivasa, an ex-director of the respondent company Sree Gururaja Enterprises Pvt Ltd, filed a winding up petition under Section 433(e) of the Companies Act, 1956, seeking to wi...

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Bombay High Court Allows Legal Heir to File Written Statement in Partition Suit — No Bar to Raising Independent Pleas. Legal representative of deceased defendant permitted to file written statement as trial had not commenced and no prejudice caused to plaintiffs....

The petitioners, original plaintiffs, filed a suit for partition and separate possession in 1995. During the suit, defendant No.1 died, and his legal heirs (widow and son) were brought on record as de...

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WRIT PETITION NO. 482 OF 2015...

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Bombay High Court at Goa Quashes Demotion of Assistant in Goa Legislative Secretariat — Violation of Natural Justice. Confirmed Employee Cannot Be Demoted Without Hearing, Even if DPC Overlooked Another Candidate's Reservation Claim....

The petitioner, Mrs. Kunda Santosh Kerkar, was appointed as Junior Assistant on 28.08.2000 against a vacancy reserved for Scheduled Caste. She was confirmed as Junior Assistant on 22.08.2003 and promo...

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Bombay High Court Allows Petition Challenging Market Fee on Copra as Not Notified Agricultural Produce Under APMC Act. Explanation to Rule 32(1) of Goa APMC Rules Held Ultra Vires as Copra Not in Schedule to Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963....

The petitioners, Marico Industries Ltd. and Jude Linhares, filed a writ petition before the Bombay High Court at Goa challenging the demand for market fee on copra by the Goa State Agricultural Market...

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Bombay High Court Upholds Sale of Coparcenary Property by Karta for Legal Necessity in Partition Suit. Sale by father for antecedent debt and legal necessity is binding on sons under Hindu law, and purchaser's title is protected....

The case involves a second appeal filed by the original plaintiffs (sons and wife of defendant No.1) against the judgment of the Additional District Judge, Ambajogai, which set aside the trial court's...

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Bombay High Court Allows Writ Petition of Teacher Dismissed for Lack of Qualification, Holds Termination Void for Non-Compliance with Natural Justice and Section 5 of M.E.P.S. Act, 1977. Termination Order Issued Without Notice or Authority Set Aside, Petitioner Entitled to Reinstatement with Back Wages....

The petitioner, Smt. Mangala d/o Keshav Mule, was appointed as an Assistant Teacher on 01.06.1987 by the Manav Samaj Unnati Mandal, a private school. She had passed her SSC but had not completed her p...

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High Court of Karnataka Allows Writ Petition Against Partial Decree on Admission in Rent Suit — Order 12 Rule 6 CPC Requires Unambiguous Admission. The court set aside the trial court's order allowing a decree on admission for arrears of rent because the defendants' admission was not unambiguous and they had raised triable issues regarding quantum and set-off....

The petitioners, M/s. Caesars Restaurant and its proprietor S.M. Dayananda, were defendants in a suit for eviction and recovery of rent filed by the respondents, M/s. T. Shivaram & Others (a partnersh...