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Supreme Court Considers Maintainability of Writ Petitions Against Armed Forces Tribunal Orders Under Article 226. High Court reversed Tribunal orders and granted relief; statutory appeal mechanism under Sections 30 and 31 of Armed Forces Tribunal Act, 2007 argued to exclude writ jurisdiction.

In these connected civil appeals, the Supreme Court was confronted with the issue of maintainability of writ petitions under Article 226 of the Consti...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Plaintiff's 1/9th Share Upheld. Son from First Wife Entitled to Share in Father's Intestate Property Despite Prior Partition Between Father and Sons from Second Wife.

The case involves a second appeal filed by the original defendants (appellants) challenging the judgment and decree of the subordinate courts which gr...

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Bombay High Court Dismisses Visually Impaired Candidate's Challenge to UPSC's Scribe Policy in Civil Services Examination. UPSC's Discretion to Prescribe Conditions for Scribe Upheld as Reasonable and Non-Discriminatory Under Persons with Disabilities Act, 1995.

The petitioner, Nikhil Prabhakar Shedge, a Mechanical Engineer with 40% visual impairment, applied for the UPSC Civil Services Examination 2016 under ...

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Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Held that the Trial Court Erred in Dismissing Suit for Non-Prosecution Without Considering Merits and That the Suit Was Not Abated Despite Death of Sole Proprietor as Legal Representatives Were Brought on Record.

The present appeal arises from a suit filed in 1983 by the original plaintiffs (respondents herein) against the original defendant, Bitesh Hanumantrao...

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Madras High Court Adjudicated Insurer's Appeal Against MACT's Compensation Award for Leg Amputation in Truck Accident; Insurer Argued Negligence Not Proven and Policy Coverage Limited to Driver.

The appeal arose from an award passed by the Motor Accidents Claims Tribunal, Perambalur, in M.C.O.P. No. 139 of 2018 dated May 25, 2022. The claimant...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Allows Second Appeal by Vidarbha Irrigation Development Corporation in Employee Liability Case — Holds That Government Servant Is Liable for Loss of Government Property Entrusted to Him Under Service Rules and Bombay Civil Services Rules, 1959

The respondent, Arvind Ramrao Chakole, was an engineer employed by the Vidarbha Irrigation Development Corporation. He was entrusted with a Pentex Aut...

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Bombay High Court Allows Compassionate Pension Claim of Removed Teacher Under Rule 101 of Maharashtra Civil Services (Pension) Rules, 1982. Distinction Between Removal and Dismissal Determines Eligibility for Compassionate Pension.

The petitioner, Nalini Shende, was appointed as a temporary teacher at Smt. Jankidevi Jaiswal Prathmik Vidyalaya, Nagpur, and was granted permanency f...