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Bombay High Court Allows Writ Petitions of Development Staff Employees Seeking Pension Under General Insurance (Employees) Pension Scheme, 1995 — Denial of Pension to Direct Recruits Who Opted for Pension Within Stipulated Time Held Arbitrary and Violative of Articles 14 and 16 of Constitution....

The judgment concerns two writ petitions filed by Parul Hemant Mehta and Kashimira Shailesh Modi, who were development staff employees of the Oriental Insurance Company Limited. Their service conditio...

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Bombay High Court Allows Writ Petitions of Retrenched Daily Wagers Challenging Termination Without Compliance with Section 25-F of Industrial Disputes Act. Appointments for 11-month periods without indicating temporary nature deemed regular, termination illegal....

The petitioners, Arun Rambhau Phatak and Sarjirao Mahadeo Bhalerao, were working as Helpers to Cooks on a daily wage basis from 1984 to 2001 at Mahatma Phule Krushi Vidyapeeth, Rahuri. In 2001, the Ag...

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Bombay High Court Allows Writ Petitions of Daily Wage Employees Against Agricultural University for Illegal Termination. Termination of Daily Wage Cooks Without Notice or Compensation Held Illegal Due to Non-Disclosure of Temporary Nature of Employment....

The petitioners, Arun Rambhau Phatak and Sarjirao Mahadeo Bhalerao, were daily wage helpers to cooks at Mahatma Phule Krushi Vidyapeeth, Rahuri, from 1984 to 2001. In 2001, the Agricultural Universiti...

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Bombay High Court Allows Writ Petition Challenging Denial of No-Objection Certificate for New Educational Institution. Held that the Joint Director's order was passed without affording opportunity of hearing and without considering relevant material, violating principles of natural justice....

The petitioner, Vishal Shkishan Prasarak Mandal, a registered public trust, filed a writ petition before the Bombay High Court challenging an order dated 30-06-2015 passed by the Joint Director, Highe...

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High Court of Karnataka Dismisses Tenant's Appeal in Possession Suit — Sub-Lease Without Consent Validates Eviction. Tenant's unauthorized sub-lease of suit premises to third parties constitutes ground for eviction under Section 108(h) of Transfer of Property Act, 1882, and landlord entitled to possession and mesne profits....

The plaintiff, Mohammad Ali, filed a suit for recovery of possession and arrears of rent against the first defendant, Surendra Darappa Shetty, and two sub-tenants. The suit property originally belonge...

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High Court of Karnataka Allows Appeal in Arbitration Reference Case — Distinction Between Section 34 of 1940 Act and Section 8 of 1996 Act Clarified. Order Referring Parties to Arbitration Set Aside as Trial Court Failed to Consider Whether Dispute is Arbitrable and Whether Application Under Section 8 Was Maintainable After Filing Written Statement....

The appellant, Sri G.R. Amarnath, filed a writ appeal under Section 4 of the Karnataka High Court Act, 1961, challenging the judgment and order dated September 11, 2014, passed by a Single Judge in Wr...

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Bombay High Court Quashes Premature Retirement Order of General Manager in Mineral Exploration Corporation Limited Due to Non-Compliance with Service Rules. Transfer Order Set Aside as Punitive Without Proper Inquiry Under Relevant Service Rules....

The petitioner, Ram Mohan Sharma, an ex-General Manager of Mineral Exploration Corporation Limited (MECL), challenged two orders: a transfer order dated 10.02.1997 posting him as Officer on Special Du...

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Bombay High Court Acquits Tax Recovery Clerk in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988....

The appellant, Ravindra Mahadeo Kothamkar, a Tax Recovery Clerk with the Thane Municipal Corporation, was convicted by the Special Judge under Sections 7 and 13(1)(d) read with Section 13(2) of the Pr...

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Bombay High Court Examines Rejection of Settlement Applications by Customs Settlement Commission for Non-Compliance with Section 127B of Customs Act, 1962. Petitioners Argued That Non-Payment of Interest Under Repealed Section 28AB Could Not Be Ground for Rejection, and Orders Were Arbitrary....

The petitioners, a father-son duo engaged in importing old and used cranes, faced three show cause notices issued by the Directorate of Revenue Intelligence alleging undervaluation and demanding diffe...

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Bombay High Court Dismisses Petition Challenging Land Acquisition Lapse Under Section 11A of Land Acquisition Act, 1894 — Award Made on Last Day of Two-Year Period from Section 6 Declaration Held Valid. Publication of Section 6 Declaration in Two Newspapers on Same Day as Gazette Notification Constitutes Substantial Compliance....

The petitioners, Govind Tukaram Shete and others, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition proceedings under the Land Acquisition Act, 1894 (the...