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Bombay High Court Allows Husband's Petition Against Maintenance Order Under Domestic Violence Act — Interim Maintenance Cannot Be Granted Without Notice. Order Passed Without Notice Violates Natural Justice; Correction Under Section 465 CrPC Cannot Supply Missing Substantive Part.

The petitioner, Syed Naim, husband of respondent No.1, filed a criminal writ petition under Article 227 of the Constitution of India challenging the j...

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Bombay High Court Allows Municipal Council's Challenge to Labour Court Awards in Retrenchment Compensation Cases. Payment of Retrenchment Compensation Shortly After Termination Held Sufficient Compliance with Section 25F of Industrial Disputes Act, 1947.

The Ahmednagar Municipal Council filed multiple writ petitions challenging the common judgment and order of the Labour Court, Ahmednagar, dated 30th A...

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Gujarat High Court Dismisses State Appeal in Increment Benefit Case — Employees Entitled to Annual Increment Earned During Service Even if Retirement Falls on Last Day of Month. Rule 38 of Gujarat Civil Services (Pay) Rules, 2002 interpreted to grant increment for full year of service rendered.

The present Letters Patent Appeal was filed by the State of Gujarat and its officers (appellants) challenging an oral order dated 10.11.2023 passed by...

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Bombay High Court Partially Allows Appeal Against Setting Aside of Arbitral Award in Development Dispute. Court Upholds Damages for Breach but Disallows Compound Interest.

The judgment arises from two arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a common order dated 25th...

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Bombay High Court Dismisses ICICI Bank's Intervention Application in Winding-Up Petition. ICICI Bank's claim not yet due and it is otherwise sufficiently secured; application held premature and aimed at defeating resolution of BNYM's claim.

The applicant, ICICI Bank Limited, sought to be impleaded as a respondent or alternatively to intervene in a company application filed by The Bank of ...

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Bombay High Court Quashes Default Sentence in DV Act Maintenance Case — Sentencing Without Prior Notice Violates Natural Justice. Imprisonment for non-payment of interim maintenance under Section 125(3) CrPC read with Section 28 DV Act requires prior notice and opportunity of hearing before sentencing.

The petitioner, Vikram Ramesh Rughani, challenged an order dated 20 January 2024 passed by the Metropolitan Magistrate in C.C. No. 96/DV/2018, sentenc...

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NCLAT Allows Appeal Against NCLT Order Dismissing Section 7 Application as Abated Due to Death of Corporate Debtor's Director. The Tribunal held that the death of a director does not abate proceedings under the Insolvency and Bankruptcy Code, 2016, and the Resolution Professional can continue the process.

The appeal arises from an order of the National Company Law Tribunal (NCLT), Bengaluru Bench, dated 30.12.2019, which dismissed IA No.47/2019 in CP(IB...