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Bombay High Court Dismisses Petitions Challenging LARR Authority Orders Allowing Condonation of Delay and Amendment in Land Acquisition Reference. Procedural Flexibility Upheld Under Section 64 of RFCTLARR Act, 2013 to Ensure Substantive Justice.

The petitioner, Godrej & Boyce Manufacturing Company Limited, owned approximately 10 acres of land in Village Vikhroli, Mumbai, which was acquired by ...

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Bombay High Court Dismisses Petition Challenging Dismissal of Suit Against Unserved Defendant Under Order IX Rule 5 CPC. Failure to Serve Summons on Defendant No.1(c) Despite Court Directions and Lapse of Over Three Years Justifies Dismissal; No Sufficient Cause Shown for Invoking Section 151 CPC.

The petitioner/plaintiff filed R.A.D. Suit No.600 of 2005 before the Small Causes Court, Mumbai, seeking a declaration of tenancy/deemed tenancy in re...

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Bombay High Court Upholds Amendment of Plaint in Property Dispute — No New Cause of Action Introduced. Amendment seeking to add details of alternate accommodation agreement and electricity disconnection allowed as it clarifies existing claim without changing the nature of the suit.

The petitioner, Ravi Ashish Builders Ltd, challenged an order dated 10th September 2018 passed by the learned trial judge allowing Chamber Summons No....

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Concurrent Findings of Fact Restored. Agreement of Sale Proved by Attesting Witness and Part Performance Established; First Appellate Court's Reversal Held Perverse.

The appellants, legal representatives of the original plaintiff, filed a second appeal under Section 100 CPC against the judgment and decree of the IV...

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Bombay High Court Allows Restoration of Complaint Dismissed in Default in Labour Dispute — Emphasizes Liberal Approach Over Hyper-Technicality. Delay of 85 Days Condoned, Restoration Application Rejected on Merits Without Considering Conduct or Prejudice.

The petitioner, Shri Sakharam Ashruba Sanap, filed a complaint (ULP No. 78 of 2001) before the Labour Court challenging his termination from employmen...

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Bombay High Court Allows Condonation of Delay in School Tribunal Appeal — Liberal Approach Required for 12-Day Delay Under Section 9 of M.E.P.S. Act. The Court set aside the Tribunal's order rejecting condonation of delay and directed the Tribunal to decide the appeal on merits.

The petitioner, Deepak Jagannath Suryawanshi, was an employee of a private school run by respondent No.1 trust. He was aggrieved by an order of termin...

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Bombay High Court Allows Freedom Fighter Pension Claim for Underground Participant in Hyderabad Mukti Sangram. Rejection of Second Application Set Aside as Authorities Failed to Consider Fresh Material and Apply Correct Policy.

The petitioner, Kalidas Nivrutti Dhale, an 86-year-old underground freedom fighter, filed a writ petition under Articles 226 and 227 read with Article...

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Bombay High Court Allows Writ Petition Challenging Caste Scrutiny Committee's Invalidity Order for Scheduled Tribe Certificate. Court holds that the Scrutiny Committee must consider the affinity test and other relevant material before declaring a caste certificate invalid.

The petitioner, Prashant s/o Nago Badgujar, filed a writ petition challenging the judgment and order dated 18th September 2012 passed by the Caste Scr...