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Madras High Court Adjudicates Writ Petition by Lecturers Seeking Salary Arrears and Career Advancement Benefits Under Article 226. Alleged Attendance Register Dispute Leads to Memos Against Petitioners; Direction Sought Against College for Violating Tamil Nadu Private Colleges (Regulations) Act, 1976....

A writ petition was filed under Article 226 of the Constitution of India by three lecturers employed at Meenakshi College for Women, a government-aided autonomous college. The petitioners sought a man...

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Bombay High Court Allows Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Award Set Aside for Patent Illegality and Violation of Natural Justice. Court held that the arbitral tribunal's rejection of the counterclaim without considering evidence and without granting an opportunity to be heard amounted to a patent illegality and breach of natural justice....

The petitioner, Marine Electricals (India) Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, to set aside an arbitral award passed by a sole arbitrator. The disput...

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  • 136
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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence and Liability Upheld. Claimant's injuries and treatment evidence sufficient to affirm MACT award under Section 173(1) of Motor Vehicles Act, 1988....

The case arises from a motor accident that occurred on 27.11.2015 at 11:30 p.m. when a Bolero Jeep bearing registration No.KA-38-M-2752, driven by its driver in a high speed and negligent manner, lost...

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High Court Quashes Revenue Authority's Refusal to Record Civil Court Injunction in Land Records — Failure to Uphold Judicial Order Violates Rule of Law. Revenue authorities must record subsisting civil court injunctions in revenue records under the Karnataka Land Revenue Act, 1964....

The petitioner, Suvarana, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, assailing an endorsement dated 31.12.2024 issue...

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Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet....

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. No criminal offenc...

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Bombay High Court Allows Society's Petition, Quashes Revision Order Against Re-Audit Report Under Section 81(6) of Maharashtra Co-operative Societies Act. Re-audit report is a mere opinion, not a decision or order, and revision under Section 154 is not maintainable....

The Bombay High Court dealt with two writ petitions arising from a dispute concerning the re-audit of a cooperative society registered under the Maharashtra Co-operative Societies Act, 1960. The Parga...

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Bombay High Court Dismisses Petition to Replace Arbitrator in Arbitration Dispute — Past Legal Representation Does Not Attract Seventh Schedule Ineligibility. Court holds that past representation of affiliates as counsel does not constitute current representation or business relationship under Items 1 and 2 of Seventh Schedule of Arbitration and Conciliation Act, 1996....

The petitioner, Priyanka Communications India Pvt, filed a petition under Sections 12, 13, and 14 of the Arbitration and Conciliation Act, 1996, seeking to set aside an order dated November 11, 2024, ...

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  • 409
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Bombay High Court Dismisses Challenge to Attempt Limit for PwBD Candidates in Civil Services Examination. Classification Between SC/ST and OBC/General PwBD Candidates Held Reasonable Under Article 14....

The petitioner, Dharmendra Kumar, a person with 57% multiple disability (locomotor and low vision), challenged Rule 3 of the Civil Services Examination Rules 2024, which restricts the number of attemp...

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Bombay High Court Dismisses Borrowers' Challenge to District Magistrate's Order Appointing Tehsildar for Possession in Cooperative Society Recovery. The Court held that the District Magistrate's power under Rule 107(11)(d-1)(vi) of the Maharashtra Cooperative Societies Rules, 1961 is ministerial and does not require a hearing to the borrower....

The petitioners, Amit Prakash Jori and Jyoti Prakash Jori, were borrowers who had taken a loan of Rs.30 lakh from respondent No.2, Dyandeep Co-op. Credit Society Limited, on 5th October 2016. Upon def...

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Madras High Court Directs Restoration of Incentive Increment to Physical Education Teacher After Equivalence Declaration of B.P.Ed. Degree. Government Order Removing Basis for Recovery Leads to Direction for Grant of Increment and Refund of Rs.3,65,872....

The petitioner, a Physical Education Teacher appointed on 09.06.1998 in a government school, acquired a B.P.Ed. degree in 2009 from Ramakrishna Mission Vivekananda University, Coimbatore. He was grant...

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