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Bombay High Court Quashes Suspension of Headmistress for Lack of Prior Approval Under Rule 35(2) of MEPS Rules, 1981. Management's failure to obtain prior approval from Education Officer renders suspension order invalid from inception.

The petitioner, Geeta Ganpatrao Suryawanshi, was employed as Headmistress at Shraddheya Mahila Bahuudeshiya Sanstha. On 12.05.2011, she was suspended ...

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Bombay High Court Allows Condonation of Delay in Execution Proceedings for Decree Holder. Delay of 13 Years in Filing Execution Application Condoned as Sufficient Cause Shown for Non-Filing Due to Pendency of Appeal and Other Proceedings.

The petitioner, M/s. Botanium Limited (now merged in Go Airlines (India) Limited), was the decree holder in Regular Civil Suit No. 292 of 1983. The su...

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Bombay High Court Quashes Divisional Commissioner's Order Declaring Group Leader of BJP Municipal Party for Lack of Jurisdiction. Commissioner Cannot Decide Group Leadership Under Maharashtra Local Authority Members' Disqualification Act, 1986 as Power is Limited to Disqualification of Members.

The petitioner, Bhagatram Ravalmal Balani, was elected as a councillor of the Jalgaon Municipal Corporation in 2018 on a BJP ticket. After the electio...

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Bombay High Court Dismisses Petition Challenging Settlement Commission Orders in Customs Duty Under-Invoicing Case. Settlement Commission's Rejection of Settlement Application Upheld as Proper Exercise of Discretion Under Section 127H of Customs Act, 1962.

The petitioner, M/s Paul Industries, imported electronic goods during 1995-96 and was issued a show cause notice on 11th June 1999 by the Directorate ...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interlocutory Order as Not Maintainable Under Section 34 of Arbitration and Conciliation Act, 1996. Order Rejecting Permission to File Fresh Valuation Report Is Not an Interim Award and Cannot Be Challenged Under Section 34.

The dispute arises from a Share Purchase Agreement (SPA) dated 22.12.2003 between Dilip Timblo (appellant) and Prashant Timblo (respondent). The appel...

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Bombay High Court Dismisses Petitioners' Challenge to Demolition of Unauthorized Constructions in Splendor Complex. Unauthorized structures built in violation of sanctioned plans and DCR are liable for demolition under Section 53 of MRTP Act, 1966.

The case involves six writ petitions filed by residents of Splendor Complex, JVLR, Andheri (East), Mumbai, challenging the demolition of certain struc...

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Bombay High Court Dismisses Application to Set Aside Ex-Parte Order in Property Dispute Due to Limitation. Delay of Over 3 Years in Challenging Ex-Parte Decree Under Order 9 Rule 13 CPC Held Not Sufficiently Explained.

The case involves a Chamber Summons filed by the Plaintiff/Applicant, Smt. Gopi, widow of Tarachand R. Advani, seeking to set aside an ex-parte order ...

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Bombay High Court Dismisses Petition Challenging Rejection of Objection to Admissibility of Documents in Evidentiary Affidavit. Court holds that objection to admissibility of documents must be raised at the time of marking of exhibits and not at the stage of filing of affidavit under Order XVIII Rule 4 CPC.

The petitioner, Mohanraj Rupchand Jain alias Chhajed, filed a writ petition challenging two orders: (1) the order dated 3rd December 2005 passed by th...

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Bombay High Court at Goa Dismisses Union of India's Petition Challenging Discovery Order in Coast Guard Collision Suit. Order for Inspection of Documents Under Order XI CPC Upheld as Not Violative of Sovereign Immunity.

The judgment arises from a writ petition filed by the Union of India and the Indian Coast Guard challenging an order dated 08.04.2024 passed by the Di...