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Bombay High Court Upholds Withholding of Pension for Misconduct in Municipal Corporation Cases. Pensionary benefits can be withheld under Pension Rules for misconduct committed during service, even after retirement, if proceedings are initiated within a reasonable time.

The judgment concerns two writ petitions filed by former employees of the Municipal Corporation of Greater Bombay (now Mumbai) challenging the Commiss...

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Bombay High Court Dismisses Petition Challenging Construction Approval Due to Lack of Standing and Delay. Petitioners failed to establish locus standi as they were not owners of the property and approached the court after substantial delay.

The petitioners, legal heirs of the original petitioner Limo Cortez, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Construction Approval Due to Lack of Standing and Delay. Petitioners failed to establish locus standi as they were not owners of the suit property and approached the court after substantial delay.

The case involves a writ petition filed by legal heirs of the original petitioner, Mr. Limo Cortez, challenging the construction approval granted by t...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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Bombay High Court Dismisses Petition Challenging Refund of Court Fees in Malicious Prosecution Suit. Issues Framed Before Withdrawal Disentitles Refund Under Bombay Court Fees Act, 1959.

The petitioner, Maruti Narsappa Kore, was the original plaintiff in Special Civil Suit No.485 of 1997 filed against respondent no.1 for damages of Rs....

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Bombay High Court Allows Appeal in Partition Suit Due to Disputed Consent Terms. Consent Decree Set Aside as Court Failed to Verify Genuineness of Compromise Under Order XXIII Rule 3 CPC.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dated 28 September 2012, which made absolute a motion for recordi...