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Bombay High Court Allows Army Major's Resignation in Writ Petition Under Article 226 — Rejection Set Aside as Arbitrary. Right to Resign Must Be Considered Reasonably with Disclosure of Valid Reasons.

The petitioners, Major Yogesh Chandra Madhav Sayanakar and Ms. Shruti Kulkarni, filed a writ petition under Article 226 of the Constitution of India b...

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Bombay High Court Dismisses Petition Challenging Disciplinary Action in ONGC Tender Irregularity Case. Court upholds chargesheet, punishment order, and appellate order against employee for unauthorizedly constituting tender committee to favor L2 bidder.

The petitioner, R.P. Gautam, an employee of Oil and Natural Gas Corporation Ltd. (ONGC), filed a writ petition under Article 226 of the Constitution o...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

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Bombay High Court Dismisses Writ Petitions Challenging DRAT Order Confirming Sale of Company Property in Favour of Auction Purchaser. Workers' Dues and Alleged Irregularities Do Not Justify Annulment of Concluded Auction Sale Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The judgment concerns three writ petitions filed under Article 226 of the Constitution challenging an order of the Debts Recovery Appellate Tribunal (...

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Bombay High Court Allows Tenant's Petition in Bombay Tenancy Act Case — Certificate of Purchase Under Section 32M Cannot Be Challenged After 9 Years. The Court Held That the Certificate Is Conclusive and the Landlord Cannot Seek Termination of Tenancy After the Tenant Has Purchased the Land.

The case involves a dispute under the Bombay Tenancy and Agricultural Land Act, 1948 regarding agricultural land bearing Gat No. 98 in village Tilleha...

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Bombay High Court Dismisses Petition Challenging Bar Council Elections and Advocate Enrollment Rules. Court upholds Bar Council of India's power to prescribe enrollment conditions under Section 49 of Advocates Act, 1961 and rejects challenge to election process for lack of merit.

The petitioner, Manubhai Paragji Vashi, an advocate aged about 79 years, filed a writ petition before the Bombay High Court challenging the election p...

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Bombay High Court Dismisses Appeal Seeking Confirmation of Share Transfer in Wound-Up Company Due to Inordinate Delay and Lack of Evidence. Section 536(2) of Companies Act, 1956 requires timely application and proof of bona fide transfer before winding up order.

The appellant, Rathnam P.V., filed an appeal against the order of the Company Judge dismissing his application under Section 536(2) of the Companies A...

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Bombay High Court Quashes Stamp Duty Demand on Shifting Agreements in MHADA Redevelopment Project — Collector of Stamps Lacked Review Power and Agreements Were for Temporary Shifting, Not Permanent Alternate Accommodation Under Article 25(d) of Bombay Stamp Act, 1958.

The Petitioner, Guruashish Construction Pvt. Ltd., a builder and developer, entered into a tripartite Joint Development Agreement dated 10 April 2008 ...

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Bombay High Court Grants Interim Injunction Against Trademark Infringement in Favor of Plaintiff. Passing Off Claim Deferred Due to Pending Rectification Proceedings Under Section 124 of Trade Marks Act, 1999.

The plaintiffs, Hem Corporation Pvt. Ltd. and three individuals (erstwhile partners of a firm), filed a suit for trademark infringement and passing of...