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Bombay High Court Allows Retired Employee's Challenge to Continuation of Departmental Enquiry; Rules No Provision to Continue Enquiry After Superannuation. Employee Entitled to Full Retiral Benefits as MAIDC Rules Do Not Permit Post-Retirement Disciplinary Proceedings.

The petitioner, a former Regional Manager of the Maharashtra Agro Industries Development Corporation Limited (MAIDC), filed a writ petition seeking to...

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Bombay High Court Examines Maintainability of Public Interest Litigations in Road Development Contract Dispute. Reiterates Stringent Locus Standi Requirements Under Article 226 to Prevent Abuse of Process by Meddlesome Bystanders.

The Bombay High Court examined the maintainability of multiple public interest litigations and writ petitions concerning the Kolhapur Integrated Road ...

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High Court of Bombay Examines Limitation for Suit Against Port Trust Under Section 120 of Major Port Trusts Act, 1963. Plaintiffs' Notice Under Section 120 Sent More Than Five Years After Lease Expiry and Accrual of Cause of Action.

The suit was instituted by Kewal Kishan Aggarwal and others against the Board of Trustees of the Port of Mumbai seeking renewal of seven leases that e...

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Supreme Court Dismisses Appeal by Purchasers of Property in Bombay Rents Act Dispute Over Construction Loan. Court Holds That Claim for Recovery of Loan Advanced Under Section 18(3) of the Act Arises Out of Act, Vesting Exclusive Jurisdiction in Court of Small Causes Under Section 28.

The litigation arose from a dispute over a construction loan and the consequent failure to grant tenancy, which brought into question the jurisdiction...

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Supreme Court Upholds Plaintiff's Right to Possession Based on Prior Possession Against Trespasser in Property Dispute. Plaintiff's Failure to Prove Title Does Not Bar Ejectment Suit Against Wrongdoer When Prior Possession Established, Even If Not Filed Under Section 9 of Specific Relief Act, 1877.

This appeal arose from a suit for possession of a piece of land measuring 2856 sq. yards in Himayatnagar, Hyderabad. The plaintiff, Dr. S.P. Raju, cla...

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Supreme Court Dismisses Appeal Challenging Investigation Under Sugarcane (Control) Order, 1955. Essential Commodities Act, 1955 Covers Sugarcane; Rule Requiring Payment within 14 Days Valid and Offence Cognizable.

The case involved a criminal investigation initiated against the office bearers of a sugar concern under the Essential Commodities Act, 1955, for alle...