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Bombay High Court Allows Drivers' Petitions for Regularization of Service in Health Department — Denial of Minimum Pay Scale Violates Article 14 and 16 of Constitution. The court directed regularization and minimum pay scale for daily wage drivers working for more than 240 days continuously.

The petitioners, drivers appointed on daily wages in the Health Department of Zilla Parishad, Latur, filed writ petitions seeking regularization of se...

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Bombay High Court Full Bench adjudicates the limitation period for recovery of electricity charges under Section 56(2) of the Electricity Act, 2003. Conflicting Division Bench decisions on whether dues beyond two years can be recovered when not continuously shown as arrears are reconciled.

The case originated from a writ petition challenging an order of the Electricity Ombudsman regarding recovery of electricity dues for a period beyond ...

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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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High Court Upholds Award Directing Absorption of Contract Workers as Permanent Employees. Tribunal's Finding of Sham Contract Upheld as Workers Were Directly Supervised and Paid by Principal Employer Under CLRA Act, 1970.

The Airports Authority of India (AAI), a statutory body, filed a writ petition under Article 226 of the Constitution challenging the Award dated 26 Ma...

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Bombay High Court Dismisses Petition of Professors Challenging Exclusion from Director Selection Process in Autonomous College. Internal Candidates Not Entitled to Be Considered if They Do Not Meet Qualifications Prescribed by Board of Governors Under Autonomous Status.

The petitioners, Prof. Bandu Baburao Meshram and Prof. Abhay Bambole, were professors at Veermata Jijabai Technological Institute (VJTI), an autonomou...

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Supreme Court Allows U.P. Housing Authority's Appeal Against Cancellation of Land Release Notification. Fraud by Land Owners in Obtaining Release Justifies Cancellation Without Fresh Acquisition Under Section 21 of General Clauses Act, 1897.

The Supreme Court considered appeals by U.P. Avas Evam Vikas Parishad against a High Court order that set aside a notification cancelling the release ...

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Bombay High Court Allows Appeal by Cooperative Society Against Injunction in Suit for Declaration and Injunction Regarding Corporation Notice Under MMC Act — Held That Trial Court Failed to Consider Prima Facie Case and Balance of Convenience.

The appellant, Jaywant Industrial Premises Co-Operative Society Ltd., was a defendant in L.C. Suit No.825 of 2019 filed by the respondent, Sangeeta Ke...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Easement Rights Dispute. Order 7 Rule 11 CPC Application Dismissed as Plaint Discloses Triable Issues Regarding Existence of Road and Easement of Necessity.

The petitioner, Goa Industrial Development Corporation, filed a Civil Revision Application under Section 115 CPC challenging an order dated 3.3.2011 p...

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Karnataka High Court Reduces Compensation in Land Acquisition Case Due to Non-Comparability of Sale Deeds and Awards. Reference Court Erred in Relying on Ex.P-41 Without Examining Whether Lands Were Comparable.

The case involves an appeal by the Bijapur Urban Development Authority (BUDA) and a cross-objection by the claimants (landowners) against the judgment...

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Bombay High Court Examines Whether Temporary Injunction to Restrain Alienation Pending Suit is Necessary Despite Section 52 of Transfer of Property Act, 1882. The Court Revisits Its Earlier Decision in Sharad Mor's Case in the Context of Multiple Appeals from Orders Refusing Injunctions.

These appeals raised a common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party intere...