Bombay High Court

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Bombay High Court Allows Retired Income Tax Commissioner's Petition for Full Pension and Retiral Benefits. Rule of 50% Deduction for Less Than 10 Years Qualifying Service Under Rule 49(2)(b) of CCS (Pension) Rules, 1972 Not Applicable to Petitioner Who Served Over 30 Years....

The petitioner, B.B. Rajendra Prasad, a retired Commissioner of Income Tax, filed a writ petition challenging the judgment of the Central Administrative Tribunal dated 5 August 2022, which dismissed h...

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Bombay High Court Dismisses Writ Petitions Challenging Denial of Approval for Appointment as Principal in Minority Educational Institution. Appointment made without following statutory selection procedure under Maharashtra Universities Act, 1994 and University Ordinances, and without prior approval of the Joint Director of Higher Education, held invalid....

The case involves two writ petitions filed by Sharanappa Chandramappa Hegde challenging the denial of approval for his appointment as Principal of Vidyan Mahavidyalaya Sangola, a minority educational ...

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Bombay High Court Allows Conditional Leave to Defend in Commercial Summary Suit for Recovery of Money — Defendant Directed to Furnish Bank Guarantee for 75% of Claim. Court holds that where defence is not bona fide, leave to defend may be granted on condition of furnishing security under Order XXXVII Rule 3 CPC....

The plaintiffs, Agarwal Associates & Agencies and Smt. Manju Agarwal, filed a Commercial Summary Suit No. 15 of 2022 before the Bombay High Court against Vinay Fabrics Pvt. Ltd. for recovery of money....

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Bombay High Court Partially Sets Aside Arbitral Award in Lease Dispute — Damages for Unexpired Lock-in Period Awarded. Court holds that arbitrator erred in limiting damages for premature termination of lease to only 6 months instead of the entire unexpired lock-in period under the Lease Deed dated 23rd April, 2016....

The petitioners, heirs of the original lessor, filed a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to set aside a portion of an arbitral awa...

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Bombay High Court Allows Appeal Against Section 9 Order in Arbitration Dispute Over Appointment of Court Receiver. Court holds that appointment of a Court Receiver to take possession of secured assets without considering the balance of convenience and irreparable loss is not warranted under Section 9 of the Arbitration and Conciliation Act, 1996....

The present appeal impugned an order dated 31st August 2023 passed by the Learned Single Judge in a Commercial Arbitration Petition filed by Respondent No.1 under Section 9 of the Arbitration and Conc...

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Bombay High Court Allows Petitioner in TAIT Examination Case Due to Technical Glitch - Multiple Appearance Not Deliberate, Candidature Restored. Guidelines for TAIT Examination Are Not Statutory; Cancellation Without Considering Explanation Is Disproportionate and Violates Natural Justice Under Article 14....

The petitioner, Shubham Navnath Mali, a 27-year-old M.Sc. graduate, filed a writ petition before the Bombay High Court at Aurangabad challenging the cancellation of his candidature for the Teachers Ap...

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Bombay High Court Allows Petitions Challenging Tender Cancellation and Work Order Issued to Private Respondent in Municipal Contract Dispute. Court holds that cancellation of tender after acceptance of bid and issuance of work order to another bidder without valid justification is arbitrary and violative of Article 14 of the Constitution....

The petitioners, who were successful bidders in a tender process conducted by the Latur City Municipal Corporation for construction work, filed writ petitions seeking direction to issue work orders an...

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High Court Quashes Reassessment Notice Against Co-operative Bank for Lack of Fresh Material. Notice under Section 148 of Income Tax Act, 1961 held invalid as Assessing Officer failed to record any new tangible material after completion of original scrutiny assessment....

The petitioner, Gandhibag Sahakari Bank Limited, a co-operative bank, challenged a notice dated 31.03.2021 issued under Section 148 of the Income Tax Act, 1961 seeking to reassess its income for asses...

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Bombay High Court Allows Second Appeal in Land Revenue Case — Tahsildar's Auction Notice Without Following Section 63 of Maharashtra Land Revenue Code, 1956 Invalid. Appellants' Long-Standing Possession and Licenses for Brick Manufacturing on Government Land Protected....

The case involves a second appeal filed by the appellants, who are brick makers and kavelu makers, against the State of Maharashtra. The appellants had occupied Survey No. 30 and 33 at Nimbhora for ma...

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Bombay High Court Dismisses Railway's Appeal Against Compensation Award for Passenger's Fall from Train. Fall from Running Train Due to Jerk or Push Constitutes Untoward Incident Under Section 123(c)(2) of Railways Act, 1989, and Railway is Liable Under Section 124A....

The appeal was filed by the Union of India, represented by the General Manager, Central Railway, challenging the judgment and order dated 8.10.2009 of the Railway Claims Tribunal, Nagpur Bench, which ...