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Supreme Court Allows AERA's Appeal Against TDSAT Orders Under Section 31 of AERA Act — Tariff Determination Held to Be Regulatory, Not Adjudicatory, Function. Regulatory Authority Can Challenge Appellate Tribunal's Decisions on Questions of Law.

The Supreme Court of India addressed a preliminary objection regarding the maintainability of appeals filed by the Airports Economic Regulatory Author...

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Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...

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Bombay High Court Allows Cross Appeals in Part in Arbitration Dispute Over Interim Measures Under Section 9 of the Arbitration and Conciliation Act, 1996. The Court Clarifies That an Award Creditor Can Seek Interim Relief During Section 34 Proceedings to Secure the Award Amount.

The case involves cross appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a common order dated 1 July 2019 passed by...

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Bombay High Court Allows Writ Petition of Visually Impaired Peon Against Termination Due to 100% Disability. Holds That 40% Minimum Disability Requirement Under Advertisement Cannot Override Statutory Provisions of Persons with Disabilities Act, 1995.

The petitioner, Patel Suleman Gaibi, who is 100% visually disabled, applied for the post of peon in the Irrigation Department of the State of Maharash...

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Bombay High Court Allows Appeal in Provident Fund Nomination Dispute — Nominee Entitled to Receive Amount as Trustee for Heirs. Joint Nomination Creates Co-Trusteeship Under Employees' Provident Funds Act, 1952.

The appellant, Antonio Joao Fernandes, filed a suit claiming 50% of the provident fund amount of his deceased cousin Joazinho Dias, who had nominated ...

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Bombay High Court Allows Writ Petition Challenging Premature Retirement of Pre-Nationalization Employee. Age of Superannuation of 60 Years Protected Under Section 14 of Textile Undertakings (Nationalization) Act, 1995.

The petitioner, Wasant Sheshrao Kale, was a pre-nationalization employee of Model Mills, Nagpur, having joined as a Paid Learner Clerk on 29.5.1962 an...

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Bombay High Court Directs Absorption of Retrenched Staff from Derecognised Aided School Under MEPS Rules. Education Department Obligated to Consider Absorption of Surplus Staff in Other Aided Schools as per Rule 25A of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.

The petitioners were employees of a school run by respondent no. 4 society at Belora, which was derecognised. They sought a writ directing the Educati...