WRIT PETITION NO.2720 OF 2013...
The writ petitions were filed by municipal employee unions and individuals challenging the legality and constitutional validity of provisions of the Bombay Provincial Municipal Corporations Act, 1949 ...
High Court
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High Court
Bombay High Court Dismisses Petition Seeking Refund of Court Fees in Suit Settled Through Mediation Under Section 89 CPC. Court Holds That Section 16 of the Court Fees Act, 1870 Does Not Mandate Refund Upon Settlement Through Alternative Dispute Resolution....
The petitioner, Sanjeevkumar Harakchand Kankariya, entered into an agreement to sell immovable property with respondents No.3 and 4. When the agreement was not specifically performed, the petitioner f...
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High Court
Bombay High Court Quashes Termination of Hostel Superintendents in Tribal Area — Retrenchment Without Notice and Without Following Government Resolutions Violates Principles of Natural Justice. Termination Order Casting Stigma Without Inquiry Set Aside; Reinstatement with Back Wages Granted....
The petitioners, Smt. Kokila Gujrya Padvi and Divlya @ Dinkar Rotu Padavi, were employed as Hostel Superintendents by the Adivasi Satpuda Shikshan Prasarak Mandal, a trust operating hostels in tribal ...
- 134
High Court
Bombay High Court Dismisses Employer's Challenge to Industrial Court Order Quashing Recovery of Excess Salary Paid Due to Employer's Mistake. Recovery of Rs.1,94,637/- from Retired Employee Set Aside as Employer's Inadvertence Cannot Be Visited on Employee....
The respondent, Sou. Anjali Anil Tare, was appointed as a Lower Division Clerk (LDC) in 1977 and passed her lower division grade examination in 1980, becoming eligible for promotion as Upper Division ...
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High Court
High Court of Bombay at Nagpur Acquits Accused in Corruption Case Due to Lack of Corroboration and Unreliable Trap Witnesses. 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, Rajesh s/o Roopchand Motghare, was a peon with Nagpur Municipal Corporation posted at octroi check post No.10, Wadi. On 20/8/2002, Dilip, servant of complainant Vilas, was passing the c...
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High Court
Bombay High Court Allows Revenue's Appeal in Income Tax Case on Interest Income Classification. Interest income from bank deposits, intercorporate deposits, call money, debentures, and from Income Tax Department held not to be business income for deduction under Section 80HHC of the Income Tax Act, 1961....
The Revenue Department filed appeals under Section 260-A of the Income Tax Act, 1961 against the orders of the Income Tax Appellate Tribunal (ITAT) for Assessment Years 1991-1992 to 1995-1996. The res...
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High Court
Bombay High Court Quashes Slum Acquisition Notice Against Cooperative Housing Society for Non-Compliance with Section 14(1) of Maharashtra Slum Act. Failure to Consider Petitioner's Compliance and Lack of Proper Inquiry Renders Acquisition Invalid....
The petitioner, The Reserve Bank Employees' Snehdhara Cooperative Housing Society Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a notice dated 7 April...
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High Court
Bombay High Court Grants Ex Parte Decree in Summary Suit for Recovery of Liquidated Sum Under Written Contract. Plaintiff Entitled to Decree Under Order XXXVII Rule 2(3) CPC as Defendant Failed to Appear Despite Service....
The plaintiff, M/s. NRP Entertainment & Network Pvt. Ltd., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant, M/s. Mannan Films & Others, seeking reco...
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High Court
Bombay High Court Allows Section 8 Application and Appoints Arbitrator in Dispute Over Development Agreements — Arbitration Clause Binding on Non-Signatory Transferee. The court held that a non-signatory who claims through or under a signatory to an arbitration agreement is bound by the arbitration clause, and appointed a retired judge as sole arbitrator....
The judgment concerns two related matters: a Notice of Motion (No. 540 of 2013) in Suit No. 62 of 2013 and an Arbitration Application (No. 86 of 2013). The Notice of Motion was filed by Samir N. Bhojw...
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High Court
Bombay High Court Dismisses PIL Challenging TDR Loading and FSI Computation for Redevelopment Project. Court upholds MCGM's permission for TDR and fungible FSI, finding no illegality or public interest violation....
The petitioner, Nitesh Mohanlal Doshi, filed a Public Interest Litigation under Article 226 of the Constitution of India challenging the permission granted by the Municipal Corporation of Greater Mumb...
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