High Court

Scroll Down To Discover

Sort by:

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Revenue's Appeals as Not Maintainable in Service Tax Refund Case. The issue of refund under notifications granting exemption for services consumed in SEZ relates to rate of duty, thus appeal lies to Supreme Court under Section 35G(1) of Central Excise Act, 1944....

The case involves a batch of appeals filed by the Commissioner of Central Excise & Service Tax, Pune (Revenue) against an order dated 28th March 2013 passed by the Customs, Excise and Service Tax Appe...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Appeal Against Execution of Arbitral Award — Jurisdiction Under Section 42 of Arbitration Act Determined by First Application. Court holds that once a Section 34 petition is filed in a court, that court alone has exclusive jurisdiction to entertain all subsequent applications including execution, regardless of withdrawal....

The case involves an appeal against an order of a learned Single Judge of the Bombay High Court, which negated the appellant's contention that the court lacked jurisdiction to entertain an execution a...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Petitions Challenging Eviction Proceedings Under Public Premises Act Against Pre-Nationalisation Tenants. Pre-nationalisation tenants cannot be treated as unauthorised occupants under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and the Estate Officer who recommended eviction is biased....

The petitioners, pre-nationalisation tenants of premises belonging to Dena Bank, challenged eviction proceedings initiated against them under the Public Premises (Eviction of Unauthorised Occupants) A...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Writ Petitions Challenging Recovery Certificates Under Section 101 of MCS Act for Lack of Proper Opportunity of Hearing. Sub Registrar's order recorded withdrawal of advocate but recovery certificate stated 'none present', indicating procedural violation....

The petitioners were members of respondent no. 3 society and had unpaid dues. Proceedings under section 101 of the Maharashtra Cooperative Societies Act, 1960 (MCS Act) were initiated against them. Th...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Witnesses. Acquittal Under Sections 302 and 307 IPC Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The State of Maharashtra appealed against the acquittal of the respondent, Nina Trambak Tadas, who was charged with murder under Section 302 IPC and attempt to murder under Section 307 IPC. The incide...

© Image Copyrights Juris Services & Technology

Bombay High Court Upholds Acquittal of Accused in Murder Case Due to Unreliable Testimony and Lack of Corroboration. Land Dispute Motive Insufficient to Overcome Doubts in Prosecution Case Under Section 302 r/w 34 IPC....

The State of Maharashtra filed an appeal against the judgment and order dated 16th September 1995 passed by the II Additional Sessions Judge, Osmanabad in Sessions Case No.23 of 1993, acquitting the r...

© Image Copyrights Juris Services & Technology

Karnataka High Court Quashes Suspension Order of Attender in Private College — Suspension Without Application of Mind and for Extraneous Reasons. Order of Suspension Set Aside as It Was Passed Without Proper Application of Mind and Based on Extraneous Considerations, Including Prior Termination and Reinstatement....

The petitioner, Smt. Chennamma, was employed as an attender at the National College, Basavanagudi, Bangalore, which is run by the National Education Society of Karnataka. On 15.5.2014, she was placed ...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Hears Appeal Against Trial Court's Damages Award in Illegal Termination Suit; Cross-Objection for Higher Damages Also Considered. Judgment Under Section 96 CPC and Order XLI Rule 1 is Delivered After Remand for Quantification....

This case involved the challenge to the termination of a managerial employee in a private limited company. H.R. Thimmappa Gowda joined Goetze (India) Ltd. (later Federal Mogul Goetze (India) Limited) ...

© Image Copyrights Juris Services & Technology

Karnataka High Court Considers Appeal and Cross-Objection on Quantum of Damages After Earlier Final Ruling of Illegal Termination. Managerial Employee's Stigmatic Termination Without Enquiry Declared Void; Damages Quantified at Rs.26.76 Lakhs Subject to Challenge in Appeal and Enhancement Sought by Cross-Objector....

The case arose from the termination of the plaintiff, H.R. Thimappa Gowda, a Diploma holder in Metallurgy who had worked in various capacities at Goetze (India) Ltd. (later Federal Mogul Goetze (India...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Inquiry Officer's Penalty Order for Lack of Jurisdiction in Misdescription of Cargo Case. Container Corporation of India's Inquiry Officer acted without authority under the Indian Railways Act, 1989 and the Railways (Punitive Charges for Misdescription of Goods) Rules, 2004....

The case involves two writ petitions arising from an order dated 10.09.2012 passed by an Inquiry Officer, Shri Srinivas Mudgerikar, appointed by the High Court in a previous petition. The dispute conc...