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Bombay High Court Allows Management's Petition in Education Service Dispute — School Tribunal Order Quashed for Lack of Jurisdiction. Part-time teacher on clock-hour basis not covered under M.E.P.S. Act, 1977, hence termination without prior approval valid.

The case involves a writ petition filed by Sarvajanik Education Society and Smt. S.T. Mehta Women's Junior College of Arts (the Management) under Arti...

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Bombay High Court Grants Interim Relief to Developer in Redevelopment Dispute — Restrains Cooperative Society from Terminating Letter of Intent Pending Arbitration. Termination of Development Agreement Found Prima Facie Invalid Under Section 9 of Arbitration & Conciliation Act, 1996.

The petitioner, Kalpataru Ltd, a real estate development company, filed a petition under Section 9 of the Arbitration & Conciliation Act, 1996, seekin...

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Supreme Court Dismisses Revenue’s Appeal, Holding Compensation for Partial Termination of Agency is Capital Receipt. Termination of Agency for Territory Outside Hyderabad State Results in Sterilisation of Capital Asset, Not Taxable as Business Income Under Indian Income-tax Act, 1922.

The dispute arose from the income tax assessment of Messrs. Vazir Sultan & Sons, a registered firm, for the assessment year 1951-52. The firm was appo...

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Supreme Court Adjudicates Tax Treatment of Compensation for Partial Termination of Selling Agency under Income Tax Act, 1922. The Court considered whether the sum received by the assessee for termination of agency rights outside Hyderabad State constituted a capital receipt or revenue receipt.

Background: The case involved the income tax assessment of the respondent, a registered firm carrying on business as selling agents and distributors o...

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High Court of Bombay at Goa Considers Whether Probation Extension Beyond One Year Void Under Recruitment Rules – Petitioner Argues Deemed Confirmation After Expiry of Maximum Probation Period

The petitioner was appointed as Principal of the Goa College of Pharmacy on 11th November 2002 by direct recruitment, with a probation period of one y...

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Bombay High Court Upholds Termination of Employees for Illegal Strike and Misconduct Without Enquiry — Justified Under MRTU & PULP Act. Employer's Right to Lead Evidence Before Labour Court to Justify Dismissal Without Enquiry Upheld When Atmosphere of Terror Prevents Disciplinary Proceedings.

The case involves a writ petition filed by 22 ex-employees of M/s. Advani Oerlikon Ltd. challenging the judgment and order of the First Labour Court, ...

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Bombay High Court Upholds Eviction Order Under Public Premises Act but Reduces Damages — LIC vs NIC Dispute Over Flat Occupancy. The court held that the Appellate Authority's reduction of damages and stay on execution pending High Power Committee decision was justified, but eviction order was valid.

The dispute involves two public sector undertakings: Life Insurance Corporation of India (LIC), the owner of a flat, and National Insurance Company Lt...

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High Court of Karnataka Considers First Appeal Against Denial of Specific Performance of Land Sale Agreement. The appeal challenges the trial court's finding that the plaintiff failed to prove readiness and willingness and that the contract was validly terminated.

The dispute arose from an agreement for sale of agricultural lands situated at Maranagere Village, Tiptur Taluk. The first defendant, aged about 81 ye...

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Supreme Court Allows Appeal by Oil Corporation, Upholds Termination of Dealership for Violation of Marketing Discipline Guidelines. Stock Variation and Sample Failure Constitute Critical Irregularities Justifying Termination Under Clause 8.2 of MDG 2012.

The Supreme Court allowed the appeal filed by Indian Oil Corporation Ltd. and others against the judgment of the Gauhati High Court which had set asid...