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Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Held That Application Under Order 9 Rule 13 CPC Was Not Maintainable as the Decree Was Not Ex-Parte But on Merits After Written Statement Was Filed.

The appellants, Jagdish Tukaram Mulik and others, filed an appeal against an order of the Civil Judge, Senior Division, Pune, dismissing their applica...

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Bombay High Court Allows Petition and Quashes Civil Imprisonment for Breach of Injunction Due to Lack of Knowledge of Injunction Order. The court held that under Order 39 Rule 2A of the Code of Civil Procedure, 1908, knowledge of the injunction order must be proved before punishing for breach.

The petitioners, Dr. Vinod Babarao Rode and Sou. Varsha Vinod Rode, filed a writ petition challenging an order dated 15.10.2010 passed by the trial co...

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Bombay High Court Allows Writ Petition of Retired Employee Seeking Pensionary Benefits. Confirms that Continuity of Service Awarded by Labour Court Entities Employee to Count Entire Service Period for Pension.

The petitioner, Dattatraya Laxman Rakh, was appointed as a Peon with the Maharashtra State Board of Secondary and Higher Secondary Education on 15 Nov...

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Bombay High Court Dismisses Petition in Eviction Suit — Licensee Cannot Claim Tenancy Rights. Relationship of licensor and licensee established; no tenancy created despite payment of monthly compensation.

The case involves a suit for eviction instituted in 1983 by the respondent (original plaintiff) against the original defendant (now deceased, represen...

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Bombay High Court Allows Electricity Board's Petition Challenging Injunction Against Disconnection for Non-Payment of Arrears. Inherent Powers Under Section 151 CPC Cannot Be Used to Restrain Disconnection Under Section 56 of Electricity Act, 2003.

The petitioner, Maharashtra State Electricity Board (now Maharashtra State Electricity Distribution Co. Ltd.), challenged an order passed by the Civil...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Retired Employee. Forfeiture of Gratuity under Payment of Gratuity Act, 1972 requires proof of financial loss caused by employee's misconduct, not merely disciplinary punishment of compulsory retirement.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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Bombay High Court Allows Writ Petitions of Staff Nurses Seeking Regularization of Services — Directs State to Frame Policy for Regularization of Ad Hoc Appointees in Public Health Sector. Ad Hoc Staff Nurses Entitled to Equal Pay for Equal Work Under Articles 14 and 16 of the Constitution of India.

The petitioners, a group of staff nurses employed in various government hospitals in Maharashtra, were appointed on an ad hoc basis and had been worki...