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Bombay High Court Dismisses Union of India's Challenge to CAT Order Granting Pensionary Benefits to Pre-1986 Retirees. Rule 37 of CCS (Pension) Rules, 1972 held applicable to all employees irrespective of retirement date, as cut-off date was arbitrary and discriminatory.

The Union of India filed eight writ petitions challenging a common order dated 3rd April 2003 passed by the Central Administrative Tribunal, Bombay Be...

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Bombay High Court Restrains Recovery of Excise Duty from Sick Industrial Company Without BIFR Consent. The court held that Section 22(1) of SICA bars coercive recovery of dues without prior consent of BIFR, protecting the petitioner-company's assets.

The petitioner, Polymermann (ASIA) P. Ltd., is an industrial unit engaged in the manufacture of polymer chemicals, with its factory at MIDC, Ambad, Na...

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Bombay High Court Dismisses Pilots' Challenge to Command Training Selection in Air India — No Violation of Articles 14 and 16 Found. Selection based on seniority and merit was not arbitrary; employer's decision to withdraw earlier offer was justified due to operational exigencies.

The petitioners, pilots of Air India, filed a writ petition under Article 226 of the Constitution challenging an order dated 30th September 2004 by wh...

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Bombay High Court Dismisses Petition Challenging Demolition Notice Under Section 354A of Mumbai Municipal Corporation Act, 1888 — Alternative Remedy Under Section 351 Available.

The petitioner, Abdul Karim Ahmed Mansoori, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 1st August...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Detenu's Exoneration in Adjudication Proceedings Not Considered by Detaining Authority, Rendering Order Invalid Under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, brother of the detenu Bherchand Tikaji Bora, challenged an order of detention dated 27th August 1998 passed under Section 3(1) of the ...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated by Failure to Furnish Statements of Co-Accused and Retraction Letters.

The petitioner, Deepak Bapu Keluskar, challenged a detention order dated 29th September 2014 passed by the detaining authority under Section 3(1) of t...