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Bombay High Court Allows Petition of Retired Employee in Excess Payment Recovery Case — Recovery from Pension Without Hearing Violates Natural Justice. Recovery of Rs.1,35,513/- from pension quashed as no opportunity of hearing was given before ordering recovery.

The petitioner, Dattatraya s/o Kalu Patil, was appointed as Extension Officer Statistics by the respondent no.5 on 19.10.1994. He was granted higher p...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Excess Payment Case — Recovery from Pension Without Opportunity of Hearing Violates Natural Justice. Recovery of Rs.1,35,513/- from pension of retired Extension Officer set aside for non-compliance with principles of natural justice.

The petitioner, Dattatraya s/o Kalu Patil, was appointed as Extension Officer (Statistics) by the Zilla Parishad, Jalgaon on 19.10.1994. He was grante...

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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 Grants Interim Relief to Flat Purchaser Under Section 9 of Arbitration Act for Incomplete Flat Due to Struts. Developer directed to remove struts and complete flat within 12 weeks or pay compensation.

The petitioners, Shahveer Padam Kapadia and another, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim r...

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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Supreme Court Allows State's Appeal in Pension Dispute with Institute Employees — State Not Liable for Pension Payments Under Institute's Self-Funded Scheme. Board Resolution Explicitly Stated No Separate Grant Would Be Sought from Government for Retirement Benefits.

The present appeal arises from a dispute between the State of Bihar and employees of the Anugraha Narayan Sinha Institute of Social Studies, Patna, re...

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High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Appellant's claim of loan advanced to friend fails as no legally enforceable debt existed, leading to acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Shri Datta S. Nadkarni, filed a criminal appeal challenging the acquittal of the first respondent, Mr. Salvador Fernandes, from an offe...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Specific Performance Dispute. Court upholds arbitrator's discretion to deny specific performance and award damages instead, finding no grounds for interference under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rolta India Ltd., challenged an arbitral award dated 8th December, 2010 under Section 34 of the Arbitration and Conciliation Act, 1996...