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Bombay High Court Allows Petition of Life Convict for Transfer to Open Prison Despite TADA Conviction — Rule 4(ii)(n) of Maharashtra Open Prisons Rules, 1971 Does Not Create Absolute Bar. Court Directs Reconsideration of Representation Within Four Weeks, Citing Good Conduct and Parity.

The petitioner, Sardar S/ Shah Wali Khan, a life convict under the Terrorist and Disruptive Activities (Prevention) Act (TADA) sentenced on 6 June 200...

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Bombay High Court Allows Petitions Challenging Demolition Notices for Non-Conforming Structures in Bhiwandi — Held That Show-Cause Notice Must Precede Demolition Order Under Section 53 of Maharashtra Regional and Town Planning Act, 1966.

The petitioners, owners of structures in Bhiwandi, received demolition notices from the Commissioner of Bhiwandi Nizampur City Municipal Corporation u...

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Bombay High Court Dismisses Pilots' Challenge to Command Training Selection in Air India — No Violation of Articles 14 and 16 Found. Selection based on seniority and merit was not arbitrary; employer's decision to withdraw earlier offer was justified due to operational exigencies.

The petitioners, pilots of Air India, filed a writ petition under Article 226 of the Constitution challenging an order dated 30th September 2004 by wh...

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Bombay High Court Dismisses State's Appeal in Arbitration Case. Court upholds arbitral award allowing contractor's claims for hidden expenses and interest, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The State of Maharashtra, through the Irrigation Department, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challengi...

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Bombay High Court Quashes Disciplinary Proceedings Against Government Employee for Lack of Evidence and Procedural Irregularities. Allegation of Engaging in Private Trade During Leave Fails as Participation in Cookery Shows Not Proved to Be Employment Under CCS (Conduct) Rules, 1964.

The petitioner, Mr. Vernon Coelho, had been employed as Head of Department, Food Production at the Institute of Hotel Management, Catering Technology ...

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Bombay High Court Dismisses Appeal in Land Acquisition Dispute for Lack of Jurisdiction. Civil Court lacks jurisdiction to entertain suit challenging acquisition under Land Acquisition Act, 1894, as remedy lies before Reference Court under Section 18.

The appellants, owners of a property in Agonda, Goa, filed a suit seeking withdrawal from acquisition of their plots and compensation of Rs. 1,20,00,0...

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Bombay High Court Allows Teacher's Continuation in Deaf and Dumb School Despite Withdrawal of Recognition of Training Institution. The court directed the respondents to allow the petitioner to continue in service and consider her for regularisation if she possessed the requisite qualifications.

The petitioner, Jayashri Manohar Kale, filed a writ petition challenging a communication from Respondent No.6 rejecting her request to continue as a t...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...