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Bombay High Court Delivers Judgment on Challenge to Disqualification of Councillors for Defying Party Whip. The Court Examines Whether the Collector's Order Disqualifying Councillors Under Section 3(1)(b) of Maharashtra Local Authority Members' Disqualification Act, 1986 Was Legally Sustainable....

The case arose from the election of the President of Ausa Municipal Council after the post fell vacant due to the resignation of the sitting President. The petitioners and respondent Nos. 2 and 3 were...

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High Court of Karnataka Directs Coffee Board to Treat Suspension Period as Duty and Grant Service Benefits — Caste Certificate Verification Delay Not Attributable to Employee...

The petitioner, K. Jayarama Balyaya, was appointed as a temporary Research Assistant in the Coffee Board on 04.09.1982 and later as Assistant Cuptaster on 12.09.1983 against a vacancy reserved for Sch...

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High Court of Karnataka Quashes Sanction Order in Corruption Case Due to Non-Application of Mind by Competent Authority. Sanction under Section 19 of Prevention of Corruption Act, 1988 must be granted after proper consideration of all material evidence, not merely based on police report....

The petitioner, a public servant working as Deputy Electrical Inspector, was trapped by Lokayukta Police on 18.12.2010 while allegedly accepting a bribe of Rs. 18,000 from the 4th respondent, an elect...

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High Court of Bombay at Nagpur Bench Dismisses Writ Petition Challenging Setting Aside of Ex Parte Decree in Recovery Suit. Trial Court's Discretionary Order to Allow Defendant to File Written Statement on Payment of Costs Upheld Under Order 9 Rule 7 CPC....

The petitioner, Dr. Sujitnath Banerjee, filed a suit for recovery of Rs.2,32,62,249/- against the respondents. The defendants were served but failed to file a written statement, leading to an ex parte...

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Bombay High Court Allows Appeal in Air Crash Compensation Case — Enhances Damages for Bungalow Destruction. Compensation for property damage must be based on cost of reconstruction and actual loss, not market value, under tort law principles....

The appellants, Thota Sayyed and his wife Shamshad Sayyed, owned a newly constructed residential bungalow in Goa. An air crash occurred, causing the complete destruction of their bungalow. They filed ...

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High Court of Bombay at Goa Dismisses Appeal in Land Acquisition Case — No Enhancement of Compensation for Acquired Land. Appellants failed to prove entitlement to enhanced market value of Rs.2500 per sq. metre under Section 18 of the Land Acquisition Act, 1894....

The appellants, owners of land acquired for road construction in Margao, Goa, challenged the compensation awarded by the Land Acquisition Officer at Rs.71 per sq. metre. They sought enhancement to Rs....

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Reasonable Belief and Change of Opinion. Reassessment Beyond Four Years Invalid Without Allegation of Failure to Disclose Material Facts....

The petitioner, Nivi Trading Limited, a private limited company, filed its return of income for Assessment Year 2010-11 on 15th September 2010 declaring a business loss of Rs.1,61,793/-. The return wa...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Set Off of Unabsorbed Business Loss Against Profits of Erstwhile 10A Unit. Tribunal's Order Allowing Set Off of Brought Forward Loss of Assessment Year 2002-03 Against Profits of 10A Unit in Assessment Year 2005-06 Upheld....

The case involves two appeals by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Mumbai, dated 16th November 2012. The assessee, M/s...

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High Court of Bombay Upholds Arbitral Award in Favor of Contractor in Railway Contract Dispute — Extension of Time Granted Without Protest Bars Claim for Liquidated Damages and Interest on Delayed Payments is Allowed Under Interest Act, 1978....

The petitioner, Union of India, acting through the Chief Electrical Engineer (Construction), Central Railway, awarded a contract to the respondent, M/s Bright Power Project (I) Pvt. Ltd., on 15 July 1...

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Bombay High Court Partially Allows Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996 — Arbitral Award Set Aside for Non-Consideration of Vital Evidence and Lack of Reasons. Court holds that failure to consider crucial documents and lack of reasons on material issues renders award patently illegal and liable to be set aside....

The petitioner, Mithalal B. Gurjar, sole proprietor of M/s. Maya Construction Co., was awarded a contract by the Union of India (respondent no.1) on 3rd October 2002 for earth work and construction of...