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Bombay High Court Allows Writ Petition for Proper Pay Scale to City Engineer in Municipal Council Service. State Government's own revised pay scale substituted for earlier scale must be extended to employee....

The petitioner, Vijaykumar Gulabchand Sharma, was employed as a City Engineer with the Achalpur Municipal Council (respondent No.4). He filed a writ petition seeking proper pay scale from 1.1.1986. In...

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Bombay High Court Allows Re-Reference of Mundkarial Issue to Mamlatdar in Civil Suit — Civil Court Has Power to Re-Refer Issue When Earlier Reference Dismissed in Default Without Adjudication on Merits...

The petitioner, original defendant in a civil suit, raised a claim of mundkarial rights over the suit property. The Civil Judge framed issue no.7 regarding whether the defendant's late father was a mu...

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Bombay High Court Allows Appointment of Arbitrator in Postal Contract Dispute — Arbitration Clause Survives Termination of Agreement. Clause 23 of Agreement dated 12th November 2009 provides for arbitration of disputes, and the court holds that the arbitration clause is independent and survives termination....

The petitioners, M/s. Efkon (India) Pvt. Ltd. and ELogistics Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator to...

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High Court of Karnataka Dismisses Petitions Challenging No Confidence Motion Against President of City Municipal Council - Members of Parliament and Legislative Assembly Not Entitled to Vote in No Confidence Motion Under Karnataka Municipalities Act, 1964....

The petitioners, Shahjaha (President of City Municipal Council, Basavakalyan) and Abdul Gaffar (a member), challenged a no confidence motion passed on 28.1.2015 removing the first petitioner from the ...

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High Court of Karnataka Dismisses State's Revision in VAT Limitation Case — Revisional Order Passed Beyond Three-Year Period. Tribunal Correctly Held That Suo Motu Revision Under Section 63-A(3) of KVAT Act Must Be Completed Within Three Years from Date of Assessment Order, Not from Initiation of Proceedings....

The State of Karnataka filed revision petitions under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) challenging an order of the Karnataka Appellate Tribunal. The Tribunal had set...

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High Court of Karnataka Allows Appeal Against Setting Aside of Exparte Winding Up Order — Directors Failed to Show Sufficient Cause for Non-Appearance. Service of Notice at Registered Office Deemed Sufficient Under Section 433(e) of Companies Act, 1956....

The case involves an appeal filed by M/s Shah Polymers, a partnership firm, against an order of the Company Court dated 4.12.2014 that set aside an ex parte winding up order passed on 19.7.2012 agains...

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Bombay High Court Upholds Disqualification of Municipal Corporator in Election Dispute Due to Conviction for House-Trespass. Conviction Under Section 448 IPC Involves Moral Turpitude, Rendering Petitioner Disqualified Under Section 10 of Maharashtra Provincial Municipal Corporation Act, 1949....

The petitioner, Karimuddin @ Karimlala Kazi, was elected as a Member of the Municipal Corporation from Prabhag No.21B on 16.04.2012. On 20.04.2012, an election petition was filed under Section 16 of t...

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Bombay High Court Allows Petition to Refer Parties to Arbitration in Commercial Dispute Over Unpaid Goods. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement, as Parties Acted on Purchase Orders Containing Arbitration Clause....

The petitioners, Sai Wardha Power Ltd. and its directors, were original defendants in a civil suit filed by the respondent, M/s. Goyal Dhatu Udyog Pvt. Ltd., for recovery of Rs.36,24,598/- for goods s...

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Bombay High Court Quashes Transfer Order of Army Officer on Medical Grounds — Directs Consideration of Last Leg Posting. Transfer of Colonel who underwent brain surgery set aside as arbitrary and violative of medical advice requiring continued treatment at Mumbai hospital....

The petitioner, Colonel Anil Kumar Sharma, a permanent commissioned infantry officer serving in the Indian Army since June 1985, challenged his transfer order dated 26th February 2015 transferring him...