Search Results for "Rule Returnable"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Rule Returnable"

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High Court

Bombay High Court Dismisses Petition Challenging Industrial Court Order in Service Dispute — Suspension Period Not Automatically Converted to Duty Upon Acquittal. Acquittal in criminal case does not entitle automatic regularization of suspension period as duty under Rule 72(5) of Maharashtra Civil Services (Joining Time, Foreign Service, Payments during Suspension, Dismissal and Removal) Rules, 1981.

8 Jun 2023

The petitioner, Eknath Shankar Kamble, was appointed as a Tracer with Zilla Parishad, Sangli on 17 July 1978. On 18 October 2001, he was apprehended b...

High Court

Bombay High Court Allows Bank's Petition Challenging Joint Application Requirement for Refund of Court Fees in DRT — Rule 5 of Refund Rules Struck Down as Ultra Vires. The requirement of a joint application by the applicant and defendant for refund of court fees was held arbitrary and beyond the rule-making power under the Recovery of Debts and Bankruptcy Act, 1993.

9 Jun 2023

The petitioner, Yes Bank Limited, a bank governed by the Banking Regulation Act, 1949, had advanced a loan to a borrower who defaulted. The bank filed...

High Court

Bombay High Court Dismisses Petition Challenging Appointment of Head Master in Minority School. The court held that minority educational institutions are not bound by the rule of seniority under Section 12 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and can appoint a Head Master of their choice.

26 Aug 2022

The case involves a dispute over the appointment of a Head Master in a minority educational institution managed by Respondent No. 3. The petitioner, S...

High Court

Bombay High Court Quashes License Suspension in Drugs and Cosmetics Act Case — Procedural Violation in Inspection and Appeal. Failure to Provide Inspection Report and Opportunity of Hearing Renders Suspension Order Unsustainable Under Rule 66(2) of Drugs and Cosmetics Rules, 1945.

6 Oct 2022

The petitioner, M/s. Raj Pharma, a partnership firm holding a valid drug license under the Drugs and Cosmetics Act, 1940 and Rules, 1945, challenged t...

High Court

Bombay High Court Allows Zilla Parishad's Petition, Quashes Industrial Court Order in Unfair Labour Practice Case. The Industrial Court exceeded its jurisdiction by re-appreciating evidence in a domestic enquiry and substituting its own findings, violating the limited scope of review under the MRTU & PULP Act, 1971.

29 Jan 2020

The Zilla Parishad, Wardha, challenged the judgment and order dated 02/07/2016 of the Industrial Court, Nagpur, which allowed a complaint filed by the...

High Court

Bombay High Court Allows Restoration of Suit Dismissed in Default in Partition Suit. Courts Must Consider Sufficiency of Cause Under Order 9 Rule 9 CPC Even After Dismissal of Appeal.

10 Feb 2020

The petitioner, Rajendra Mohanlal Paliwal, filed a suit for partition and separate possession in 2004. The suit was dismissed in default by the trial ...

High Court

Bombay High Court Allows Amendment of Written Statement and Counter Claim in Suit Filed Before 2002 CPC Amendment. Order 6 Rule 17 as amended by 2002 Amendment Act does not apply to suits instituted before 1.7.2002.

29 Mar 2011

The petitioner, Sumita Pradipkumar Dixit, challenged an order dated 29.8.2009 passed by the trial court in RC Suit No. 187/1999, which rejected her ap...

High Court

Bombay High Court Allows Minor Student's Petition for Admission to Junior College Despite Age Bar — Right to Education Under Article 21-A Prevails Over Technical Age Restrictions. The court held that the age limit of 16 years for admission to junior college cannot be applied rigidly to deny a student who has completed Class X, as it would violate the fundamental right to education under Article 21-A of the Constitution and the Right of Children to Free and Compulsory Education Act, 2009.

3 May 2012

The petitioner, Master Arshad Khalid Jamal, a minor aged 17 years, through his father and guardian Khalid Jamal Shakera, filed a writ petition under A...

High Court

Bombay High Court Dismisses Petitions Challenging Termination of Probationary Employees in Air India Ltd. — Probationers Have No Right to Be Confirmed and Termination Without Stigma Is Valid.

25 Feb 2019

The judgment pertains to two writ petitions filed by Jeetendra Krishna Varma (WP 875/2011) and Mayank Mohan Sharma (WP 1427/2015) against Air India Lt...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to File Written Statement and Counterclaim Under Order 8 Rule 1 CPC — Petitioner Failed to Show Sufficient Cause for Delay Beyond 90 Days. The court upheld the trial court's discretion in refusing to condone the inordinate and unexplained delay in filing the written statement, holding that the statutory period under Order 8 Rule 1 CPC cannot be extended beyond 90 days except in exceptional circumstances.

28 Aug 2019

The petitioner, Vesta Building Products Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30 ...

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