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Bombay High Court Quashes Penalty for Excavation of Earth Without Permission in Construction Project. Excavation for Foundation Laying and Backfilling Does Not Amount to 'Illegal Excavation' Under Section 48(7) of Maharashtra Land Revenue Code, 1966.

The petitioner, M/s BGR Energy Systems Limited, was awarded a contract by Maharashtra State Power Generation Company Limited (MAHAGENCO) for construct...

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Bombay High Court Allows Appeal by Municipal Corporation in Property Dispute Over Road Widening Compensation. Promise to Sanction Additional FSI Held Not Binding Without Consideration and Formal Approval.

The Thane Municipal Corporation (appellant) appealed against a judgment and decree dated 10.3.2005 passed by the Civil Judge Senior Division, Thane in...

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Bombay High Court Dismisses Petition Seeking Approval of Staff Appointments in Deaf and Dumb School. Petitioner Trust Failed to Obtain Prior Approval from Government Authorities Before Making Appointments, Violating Government Resolution and Staffing Pattern Requirements.

The petitioner, Maharana Pratap Shikshan Sanstha, a trust running a deaf and dumb school in Sevapur, Latur, filed a writ petition under Articles 226, ...

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Karnataka High Court Dismisses Writ Petition Challenging Order Allowing Secondary Evidence of Will Under Section 65 of Evidence Act. Court holds that trial court's discretion to allow secondary evidence when original is lost cannot be interfered with under Articles 226 and 227 of Constitution.

The petitioner, Rajendra @ Deendhar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 21.09.20...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Appellant Fails to Prove Agreement to Sell. Trial court's finding that no agreement was executed and no advance paid upheld; appeal dismissed with costs.

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

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High Court of Karnataka Dismisses Appeal in Suit for Specific Performance and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that a second appeal under Section 100 CPC is not maintainable against concurrent findings of fact unless substantial question of law arises.

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

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High Court Quashes Industrial Court’s Remand Order; Reinforces Fairness in Proportionate Punishment in Labor Disputes. Unfair Labor Practice in Dismissal Addressed under the Doctrine of Proportionality.

The Bombay High Court, Nagpur Bench, examined a labor dispute where the petitioner, a former employee, contested his dismissal on the grounds of unfai...