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ARBITRATION PETITION NO. 4 OF 1986

The petition filed under sections 30 and 33 of the Arbitration Act, 1940, sought to challenge an interim award and certain directions issued by the so...

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Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

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Supreme Court Dismisses State's Appeal in Leave Encashment Case for Re-employed Government Servant. Re-employed Employee Entitled to Second Leave Encashment Under Rule 36 of Sikkim Government Services (Leave) Rules, 1982, as Rule 32 Creates Legal Fiction Treating Re-employment as Fresh Service Entry.

The dispute originated from the State of Sikkim's appeal against High Court orders that granted leave encashment benefits to a re-employed government ...

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Supreme Court Upholds Exclusion of Unauthorised Absence from Qualifying Service for Pension in DTC VRS Cases. The court held that period of absence without authorisation cannot be counted towards qualifying service for pension under CCS (Pension) Rules, 1972, even if employee availed VRS.

The Supreme Court dismissed the appeal filed by the Delhi Transport Corporation (DTC) against the respondents, ex-employees who had availed of the Vol...

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Bombay High Court Dismisses Employee's Writ Petition Challenging Termination for Unauthorized Absence and Misconduct. School Tribunal's order upheld as inquiry was fair and punishment proportionate under MEPS Act.

The petitioner, Abdul Shakil Shakil Ahamad, was employed as a Peon in 1989 and later promoted to Junior Clerk. He alleged that he was paid a meager co...

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Bombay High Court Dismisses Petitions Challenging RBI's Moratorium and Liquidation of CKP Co-operative Bank Ltd. — Petitioners' Deposits Not Covered by Deposit Insurance as Bank Was Under Moratorium Prior to Insurance Scheme Introduction.

The judgment pertains to a batch of writ petitions filed by depositors of the CKP Co-operative Bank Ltd., which was placed under moratorium by the Res...

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Bombay High Court Directs Provisional Release of Seized Car in Customs Case Pending Adjudication. Petitioner's imported Ford Mustang GT seized on suspicion of being a 1967 model; court orders release on furnishing bond and bank guarantee under Customs Act, 1962.

The petitioner, Sidharth Vijay Shah, imported a 2019 RHD Ford Mustang GT Coupe sports car valued at USD 46,730, paying customs duty of Rs. 72,48,875/-...

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Bombay High Court Dismisses Petition Challenging Eviction Order Under Maharashtra Rent Control Act. Competent Authority's Order for Possession Upheld Due to Non-Payment of Rent and Unauthorized Subletting.

The petitioner, AMI Merchandising Pvt. Ltd., filed a writ petition under Article 227 of the Constitution challenging the judgment and order dated 14/0...