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Refund of Premium Paid Under Urban Land Ceiling Act – Estoppel and Waiver of Rights. Court Rejects Money Claim for Refund of Premium After Land Sale, Upholds State’s Policy Under Urban Land Ceiling Act...

Estoppel and Waiver: A party that accepts the benefits of a Government Resolution and acts upon it cannot later claim a refund or challenge the legality of the Resolution. (Para 34, 35) Prospective A...

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Scope of Amendment under Section 152 of the Code of Civil Procedure, 1908 – High Court Holds Correction of Decree Justified in Case of Misdescription of Property...

Judicial Power – Clerical or Accidental Errors – Distinction Between Review and Amendment – Execution of Decrees – Correction of Judgment to Reflect True Intent a. Power under Section 152 CP...

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Extension of Time for Hotel Construction Without Additional Lease Premium. Court Sets Aside CIDCO’s Termination Notice, Grants Extension for Hotel Project with Waiver of Additional Lease Premium...

Arbitrary Action Violates Article 14: The Court held that CIDCO’s actions were arbitrary and violated the principles of equality under Article 14 of the Constitution. The termination of the leas...

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Bombay High Court Held That Retirement Includes Resignation—Entitlement to Pension Upheld...

Resignation of a High Court Judge Does Not Forfeit Pensionary Benefits—Interpretation of “Retirement” Under High Court Judges (Salaries and Conditions of Services) Act, 1954 The word “retirem...

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Limitation Act, 1963 – Article 113 – Right to sue accrued when the default in payments occurred – Declaration as a defaulter does not extend limitation period – Suit for recovery of membership dues held time-barred....

a. Cause of action arose when the default in payment occurred, not when the respondents were declared defaulters.b. Suit filed beyond three years from the default period (2008-09 to 2015-16) was time-...

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Pension Entitlement – Part-Time Teacher – Night Junior College – Service Continuity. The Bombay High Court held that a part-time teacher in a Night Junior College is not entitled to pension under the Maharashtra Civil Services (Pension) Rules, 1982, and the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977....

A teacher in a Night Junior College, working for limited hours, cannot be treated as a full-time employee. Part-time service cannot be converted into full-time service for pension purposes unless spe...

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Bombay High Court quashed rejection of technical bid by respondent due to an unreasonable and arbitrary interpretation of tender conditions, directing re-evaluation of the financial bid. Arbitrary Interpretation of Tender Conditions...

Constitution of India, 1950 – Article 14–Judicial Review in Tender Matters – Constitutional Courts should interfere only if tender decisions are arbitrary, mala fide, or violate public interest ...

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Bombay High Court Quashed FIR And Charge Sheet Against Petitioners For Lack Of Prima Facie Evidence — Reaffirmed Right To Peaceful Assembly Under Article 19(1)(b) Of The Constitution Of India...

Constitution Of India, 1950 — Article 226 — Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 143, 145, 147, 341, 186, 353, 120-B Read With Section 149 — FIR...

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Suspension of Student for Alleged Misconduct and Anti-National Activities. High Court Upholds Two-Year Suspension of Ph.D. Student for Breach of Institute’s Code of Conduct and Misuse of Institute’s Name in Politically Motivated Protests...

Freedom of Expression: While students have the right to freedom of expression, this right is subject to the rules and regulations of the educational institution. Proportionality of Punishment: The Co...

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High Court of Bombay Dismisses Writ Petitions Challenging Cooperative Court’s Order on Guarantor Liability and Limitation. Court Upholds Cooperative Court’s Decision on Guarantor Liability Under Maharashtra Cooperative Societies Act, 1960 – Limitation Period Under Section 92(1) Applicable...

Jurisdiction of Cooperative Court: Under Section 91(1)(d) of the MCSA, a dispute against sureties and nominal members of a cooperative society is maintainable before the Cooperative Court. (Paras 13, ...