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Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Railway Construction Contract Dispute. Court Upholds Arbitrator's Award of Compensation for Underutilization of Resources Due to Railway's Delays.

The Union of India, representing the South-East-Central Railway, appealed against an order of the District Judge, Nagpur, refusing to set aside an arb...

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Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Television Serial Marketing Rights. Right of First Refusal Protected Pending Arbitration Under Section 9 of the Arbitration and Conciliation Act, 1996.

The appellant, UTV Software Communications Ltd., entered into an agreement with the respondent, Radaan Media Works Ltd., on 21 June 2001, under which ...

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Bombay High Court Allows Gratuity Claim in Payment of Gratuity Act Case — Resignation Not Ground for Forfeiture. Forfeiture of gratuity under Section 4(6) of Payment of Gratuity Act, 1972 requires termination for misconduct causing damage; resignation does not justify forfeiture.

The petitioner, H. Jayarama Shetty, joined the respondent Sangli Bank Ltd. on 28 May 1991. On 3 May 1994, a show cause notice was issued regarding irr...

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Bombay High Court Upholds Reinstatement of Casual Worker in BSNL Case — 50% Back Wages Upheld. Continuous Service of 371 Days Over 13 Months Constitutes Regular Employment Under Industrial Disputes Act, 1947.

The petitioner, Bharat Sanchar Nigam Limited (BSNL), challenged an award dated 12.11.2003 passed by the Central Government Industrial Tribunal No.1, M...

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Bombay High Court Upholds Constitutional Validity of Development Charge Levy in Maharashtra Regional and Town Planning Act. The court held that the levy is a fee for services rendered and not a tax, and the amendment is within legislative competence.

The petitioners, The Solapur Promoters and Builders Association Society and another, challenged the constitutional validity of the Maharashtra Regiona...

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Bombay High Court Allows Petition Challenging Removal of Trustee Without Notice. Order of Assistant Charity Commissioner Quashed for Violation of Natural Justice Under Bombay Public Trusts Act, 1950.

The petitioner, Kishor Kirtilal Mehta, was a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust. The Assistant Charity Commissioner, by a ...

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Bombay High Court Allows Writ Petition by Resident Welfare Association Against Developer for Non-Payment of Adequate Compensation Under DCR 33(7). MHADA Directed to Determine and Enforce Compensation for Temporary Alternate Accommodation as Per Notarized Agreements.

The petitioner, Kagalwala Building Resident Welfare Association, representing residents of a building being redeveloped by respondent No.4 (Aaraaish D...

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Bombay High Court Dismisses Petition Challenging Refusal of Sanction to Prosecute Police Officer Under MCOCA. Private Complaint for Offences Under MCOCA Requires Prior Sanction from Competent Authority Under Section 23 of the Act.

The petitioner, Avinash Tukaram Sanas, filed a Criminal Writ Petition before the Bombay High Court challenging the order of the Commissioner of Police...