High Court

Scroll Down To Discover

Sort by:

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appeal in ESI Contribution Dispute — Tailors Held Not Employees Under ESI Act. Independent Contractors Providing Stitching Services Outside Shop Premises Not Covered Under Section 2(9) of Employees' State Insurance Act, 1948....

The appellant, Khadi Gramodyog Emporium, Gandhi Sagar, Nagpur, challenged an order dated 14.05.1985 passed by the Deputy Regional Director, Employees' State Insurance Corporation (ESIC), Nagpur, under...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Petition Challenging Mundkar Revision Order in Eviction Suit — Upholds Concurrent Findings of Tenancy and Default. The court held that the petitioners failed to prove that the suit house was not a mundkar tenancy and that the eviction decree was validly passed under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975....

The petitioners, legal heirs of original defendants in Civil Suit No. 107 of 1970, filed a writ petition challenging the order dated 14.01.2015 passed by the Additional President, Administrative Tribu...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Injunction in Trademark Infringement and Passing Off Suit — No Deceptive Similarity Between 'Palm Grove' and 'Royal Palms' Hotels. Plaintiff's use of 'Palm Grove' always in combination with 'Ramada' and delay disentitled it to interim relief....

The Plaintiff, Palm Grove Beach Hotels Pvt. Ltd., owned and operated a mid-range hotel in Juhu, Mumbai, under the name 'Ramada Plaza Palm Grove' (previously 'Ramada Inn Palm Grove' and 'Ramada Hotel P...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Student to Appear for Engineering Exams Despite Attendance Shortfall — Attendance Requirement Under Ordinance 0.2604 is Directory, Not Mandatory. The court held that the college has power to condone shortage of attendance and directed the college to consider the petitioner's case....

The petitioner, Sanchita Sunil Bhadani, a student of the Engineering Course in Information Technology at Ramrao Adik Institute of Technology (Respondent No.1), filed a writ petition under Article 226 ...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Co-Accused's Petition Challenging Pardon to Approver in Murder Case — No Right of Hearing Under Section 306 CrPC. Co-accused cannot claim right of audience before tender of pardon as it is a matter between prosecution and proposed approver....

The petitioner, Narendra G. Goel, was a co-accused in a murder case arising from the death of Dr. Asha Goel on 23rd August 2003. The Malabar Hill Police registered an FIR against unknown persons under...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Petition Challenging MERC Regulation on Gross Station Heat Rate. Regulation 44.2(d) of the Maharashtra Electricity Regulatory Commission (Multi Year Tariff) Regulations, 2011 prescribing Gross Station Heat Rate norm for thermal generation stations is held valid and within the Commission's powers under the Electricity Act, 2003....

The petitioners, Reliance Infrastructure Limited and its Deputy General Manager (Legal), filed a writ petition under Article 226 of the Constitution of India challenging Regulation 44.2(d) of the Maha...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows State's Petition, Holds Accused Cannot Cross-Examine Approver at Pre-Committal Stage Under Section 306(4) CrPC. The right to cross-examine the approver arises only after committal to the Court of Sessions, as the examination under Section 306(4) is for committal purposes only....

The State of Maharashtra filed a writ petition challenging the order of the Additional Sessions Judge, Greater Mumbai, which allowed the respondents (accused) to cross-examine the approver (Pradeep Pa...

© Image Copyrights Juris Services & Technology

Bombay High Court Upholds Termination of Temporary Employee for Fraudulent Appointment. Appointment obtained by suppressing material facts and producing forged documents is void ab initio, and the employee is not entitled to reinstatement or back wages....

The case involves three writ petitions arising from a dispute over the appointment of a teacher in a private aided school. The first petition was filed by the educational institution (Sant Kabir Shiks...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu Already in Custody at Time of Order. The court held that the detaining authority must consider the likelihood of release on bail when the detenu is in custody; failure to do so renders the detention order invalid....

The petitioner, Shahrukh Yunus Khan, challenged a preventive detention order passed by the Commissioner of Police, Pune City, on 23 December 2015 under Section 3(2) of the Maharashtra Prevention of Da...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Employee's Petition Challenging Dismissal in Disciplinary Inquiry Due to Procedural Irregularities. Initiation of Proceedings by Subordinate Authority and Denial of Defence Witnesses Violates Natural Justice, Leading to Quashing of Dismissal Order....

The petitioner, Dwijendra Nath Sen, was an employee of Manganese Ore (India) Limited, a government undertaking. He was dismissed from service on 16 March 2001 following a disciplinary inquiry. The pet...