Bombay High Court

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Bombay High Court Quashes MSMED Council Award for Violating Section 80 of Arbitration Act — Council Cannot Arbitrate After Failed Conciliation. The dual role of conciliator and arbitrator by the same Council is prohibited under Section 80 of the Arbitration and Conciliation Act, 1996, rendering the award invalid....

The petitioner, Bhagwat Enterprises, challenged an order dated 11/01/2022 passed by the Micro and Small Enterprises Facilitation Council (respondent No.1) allowing a claim of Rs.21,53,217/- in favor o...

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Bombay High Court Dismisses Revision by Goa Pollution Control Board Against Rejection of Plaint Rejection Application. Civil Court jurisdiction not barred under Air and Water Acts for injunction against statutory authority when plaint discloses cause of action....

The case involves a Civil Revision Application filed by the Goa Pollution Control Board (Applicant/Defendant No.6) against an order of the District Judge-2, Panaji at Ponda, rejecting its application ...

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High Court of Bombay at Goa Interprets Limitation Act, 1963 in Execution of Decree for Restoration of Possession by Demolition. Decree for Restoration of Possession by Demolishing Illegal Structures Primarily for Possession Governed by Article 136, Not Article 135, Despite Consequential Demolition....

The litigation arose from a civil suit filed by the petitioner Comunidade of Margao seeking restoration of vacant possession of suit land by directing the defendants to remove illegal construction and...

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Bombay High Court Considered Constitutional Challenge to Maharashtra Land Acquisition Amendment for Bullet Train Project. Petition Raised Questions of Repugnancy Under Article 254, Presidential Assent, Natural Justice, and Scope of Section 33 of the Right to Fair Compensation Act, 2013....

The litigation concerned a challenge to land acquisition for the Mumbai-Ahmedabad High Speed Rail project, commonly called the Bullet Train Project. The petitioner, a company incorporated under the In...

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Bombay High Court Dismisses Tenants' Writ Petition in Tenancy Dispute Over Agricultural Land — Concurrent Findings of Voluntary Surrender Upheld. Section 43-A of Bombay Tenancy and Agricultural Lands Act, 1948 does not apply where tenant voluntarily surrenders tenancy and landlord is a widow protected under Section 31....

The present writ petition was filed by the petitioners, who are tenants or successors of tenants of agricultural land bearing Gat No. 1163 admeasuring 1 Hector 82 Ares situated at Village Sidhnerli, T...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Cotton Supply Dispute. Consolidation of Claims from Nine Contracts with Identical Terms Does Not Violate Fundamental Policy of Indian Law Under Section 34 of the Arbitration and Conciliation Act, 1996....

The petitioner, BST Textile Mills Pvt. Ltd., entered into nine contracts with the respondent, The Cotton Corporation of India Ltd., for the purchase of cotton bales. The contracts were executed betwee...

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Bombay High Court Quashes Criminal Proceedings Against Accused in Co-operative Society Misappropriation Case Due to Lack of Sanction Under Section 197 CrPC. Members of Managing Committee Held to be Public Servants Entitled to Protection for Acts Done in Discharge of Official Duty....

The petitioners, Balaji Rajaram Chatlawar and the deceased Maroti Keshavrao Jagtap, were members of the managing committee of Yeshwant Co-operative Housing Society, Udgir. An FIR was registered on 08....

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Bombay High Court Dismisses Petition Challenging Fresh Tender for PMC Contract for Versova-Bandra Sea Link Project. Contract Expired by Efflux of Time and No Automatic Renewal Clause Existed, Hence MSRDC's Decision to Float Fresh Tender Upheld....

The petitioner, Louis Beger SAS, a French company with its Asia office in Haryana, was appointed as Project Management Consultant (PMC) by the respondent, Maharashtra State Road Development Corporatio...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Leave Encashment Dispute — Recovery of Mistaken Payment from Gratuity Held Unjust. Petitioner's Leave Encashment Payment Was Not Mistaken as Government Resolution Did Not Apply to Non-Teaching Staff of Social Work Colleges....

The petitioner, Prakash Suryabhanji Ninghot, was appointed as a Peon on 01.10.1982 with respondent 5-College, a 100% grant-in-aid Social Work college. He was promoted as an Accountant in 2014 and reti...