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Bombay High Court Dismisses Petition of Company Seeking Mandamus to Permit Construction of Captive Jetty and Cement Plant in Mangrove Area. Court holds that prior environmental clearances are mandatory and the petitioner cannot circumvent the directions in PIL No.87/2006.

The petitioner, Adani Cementation Limited, a company incorporated under the Companies Act, 2013 and part of the Adani Group, filed a writ petition see...

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Bombay High Court Quashes Dismissal of RPF Constable for Dispensing with Enquiry Without Sufficient Reasons. Rule 53 of Railway Protection Force Rules, 1987 Requires Recording of Reasons for Dispensing Enquiry.

The petitioner, an ex-Constable in the Railway Protection Force (RPF), was dismissed from service by order dated 15 January 2019, dispensing with the ...

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Supreme Court Allows Nagpur Metro Appeal, Sets Aside High Court Order to Hand Over Possession of Land to Private Lessee. Metro Rail Project Land Allotment Upheld Subject to Outcome of Pending Civil Suit.

The Supreme Court allowed the appeal filed by Nagpur Metro Rail Corporation Limited against the judgment of the Bombay High Court at Nagpur. The High ...

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High Court Dismisses Review Petition in Public Tender Dispute — Petitioner Not a Necessary Party to Earlier Writ. Review of Coordinate Bench Judgment Not Maintainable as Petitioner Was Not Impleaded and No Error Apparent on Record.

The petitioner, M/S SAPL-GCC JV, was a participant in a public tender called by the New Mangalore Port Trust (NMPT) for construction of breakwater. Th...

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Bombay High Court Partly Allows Appeal in Railway Accident Compensation Case, Enhances Interest Rate from 6% to 9% Per Annum. The Court held that interest is compensation for being denied the use of money and modified the award of the Railway Claims Tribunal under Section 124A of the Railways Act, 1989.

The appellant, the mother of the deceased, filed a claim before the Railway Claims Tribunal after her son died in a train accident on 28.12.2013. The ...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Bombay High Court Allows Second Appeal in Electricity Bill Dispute — Sets Aside Lower Appellate Court's Judgment for Non-Compliance with Order 41 Rule 31 CPC. First appellate court must independently assess evidence and give reasons for reversal of trial court's findings.

The appellant, Sureshkumar S/o Rochiram Jagyasi, was a customer of the Maharashtra State Electricity Distribution Company Ltd. (respondent) and operat...

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Bombay High Court Dismisses Railway's Appeal in Accidental Fall Case — Deemed Untoward Incident Under Railways Act. Ticket Found on Deceased Conclusive Proof of Bona Fide Passenger Status and Accidental Fall from Train.

The case involves an appeal filed by the Union of India, represented by the General Manager (Claims) of South Central Railway, against the judgment an...