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Bombay High Court Allows Writ Petition Challenging School Tribunal Order in Teacher Termination Case — Reinstatement Ordered with Back Wages for Non-Compliance with Section 5 of MEPS Act, 1977. Termination of Assistant Teacher Without Prior Approval of Education Officer Held Void Ab Initio.

The petitioner, Mrs. Asha Ajay Shekokar, was appointed as an Assistant Teacher at New Lourds High School, Kalyan, managed by the Kalyan Education Soci...

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Bombay High Court Quashes COFEPOSA Detention Order at Pre-Execution Stage Due to Non-Application of Mind and Mechanical Exercise of Power. Detaining Authority Failed to Consider Relevant Material and Grounds of Detention Were Vague and Stale.

The petitioner, Karnaram Lumbaji Choudhary, challenged a detention order dated 8th March 2018 passed by the Joint Secretary, Government of India, unde...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

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Bombay High Court Dismisses Management's Petition Challenging University Tribunal's Order of Reinstatement with Back Wages. Oral Termination of a Confirmed Lecturer Held Illegal for Violation of Natural Justice and University Statutes.

The petitioners, a cooperative society and its affiliated colleges, challenged the judgment of the University Tribunal dated 6.11.1997, which allowed ...

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Bombay High Court Allows Writ Petition Challenging Termination of Assistant Teacher in Private Aided School — Violation of Natural Justice and Section 5 of M.E.P.S. Act, 1977. Termination order set aside as no prior approval was obtained from the Education Officer before dismissal.

The petitioner, Vijaykumar Raosaheb Kulkarni, was an assistant teacher employed by the Rasta Peth Education Society, which runs a private aided school...

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Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...

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Bombay High Court Partially Allows Employer's Petition in Industrial Dispute — Reinstatement Upheld but Backwages Reduced. Workman's Termination Found Illegal for Non-Compliance with Section 25F of Industrial Disputes Act, 1947, but Full Backwages Denied Due to Lack of Evidence of Unemployment.

The petitioner, an employer, challenged an award of the First Labour Court, Thane, in Reference (IDA) No. 81 of 2014, which directed the petitioner an...