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Bombay High Court Allows Writ Petition Challenging SARFAESI Act Possession Notice — Bank Directed to Consider One-Time Settlement Offer. Failure to Consider OTS Proposal Before Taking Possession Violates Principles of Fairness and Natural Justice Under Section 13(2) of SARFAESI Act, 2002.

The petitioner, Surendra Nikose, had availed a housing loan from the State Bank of India (respondent). Due to financial difficulties, he defaulted on ...

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High Court of Bombay at Nagpur Partially Allows Appeal in Workmen's Compensation Case — Reduces Award from Rs.6,68,130 to Rs.4,50,000. Commissioner Exceeded Jurisdiction by Granting Amount Beyond Claimed Sum Without Amendment.

The appeal arises from a judgment and order dated 9th October 2006 passed by the Commissioner, Workmen's Compensation, Akola in Workmen's Compensation...

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High Court of Bombay at Goa Dismisses Appeal in Land Title Dispute — Appellants Fail to Prove Ownership of Suit Property. Suit for Declaration and Possession Dismissed as Appellants Could Not Establish Title Over Land Allegedly Encroached by Forest Department.

The appellants, Baburao Hirbarao Desai and others, filed a suit for declaration of title and restoration of possession against the State of Goa, the C...

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Bombay High Court Quashes CEGAT Order for Non-Consideration of Submissions in Customs Seizure Case. Tribunal's Order Held Invalid as It Did Not Constitute a Decision in the Eye of Law Under Customs Act, 1962.

The petitioner, M/s. Wall Street Finance Ltd., filed a writ petition challenging an order dated 3rd February, 2000 passed by the Customs, Excise and G...

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Bombay High Court Allows Furlough for Prisoners Despite Past Overstay on Parole — Overstay Not a Permanent Bar Under Prisons (Bombay Furlough) Rules, 1959. The Court held that furlough is a right of a prisoner and past overstay on parole cannot be a permanent bar for grant of furlough.

The judgment concerns three criminal writ petitions filed by prisoners whose applications for furlough leave were rejected by the prison authorities o...

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Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Despite Separate Trials for Multiple Cheques. Dishonour of three cheques treated as separate offences under Section 138 of Negotiable Instruments Act, 1881, but separate trials not resulting in prejudice.

The dispute between the complainant Nilesh P. Salgaonkar and the accused Deelip Apte involved three cheques issued by the accused to the complainant, ...

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Bombay High Court Dismisses Petition by Air India Challenging Rejection of Approval Application Under Section 33(2)(b) of Industrial Disputes Act — Withdrawal of Earlier Application and Reinstatement of Workman Bars Fresh Application for Approval of Dismissal Based on Same Misconduct.

The case involves a challenge by Air India Ltd. (the petitioner) against an order of the Presiding Officer of the National Industrial Tribunal at Mumb...

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Bombay High Court Dismisses Petition Challenging Recall of Disqualification in Grampanchayat Election Expense Case. Petitioner Lacks Locus Standi Under Section 14B(2) of Maharashtra Village Panchayats Act, 1959.

The petitioner, Balaji Ganpati Pawar, filed a writ petition before the Bombay High Court challenging an order dated 23rd August 2008 passed by the Sta...