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Supreme Court Grants Leave to Appeal Against High Court Order Affirming Removal of Mathadhipathi under A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987. Leave granted in SLP against dismissal of challenge to removal based on enquiry report finding charges proved.

The appeal arose from the removal of the Mathadhipathi of Sri Swamy Hathiramji Mutt, Tirupati, under the Andhra Pradesh Charitable and Hindu Religious...

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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...

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Bombay High Court Dismisses Petition Challenging Abolition of Post and Punishment Orders in Service Dispute. Employer's Prerogative to Abolish Post Upheld Unless Mala Fides Proven, and Disciplinary Actions Found Consistent with Natural Justice.

The petitioner, Jitendra Srivastava, was appointed as Joint Director (Administration) by the second respondent to manage personnel, administration, fi...

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Bombay High Court Dismisses Petition Challenging Excise Duty Rate on Cranes — Enacted Statute Prevails Over Discrepancy in Bill Versions. Rate of Duty Under Heading 84.26 of Central Excise Tariff Act, 1985 is 15% Ad Valorem, Not 12% as Claimed by Manufacturer.

The petitioner, M/s. Garlick Engineering, a manufacturer of cranes, filed a writ petition challenging the rate of central excise duty applicable to cr...

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Bombay High Court Dismisses Second Appeal in Property Dispute Over Temple Land — Plaintiffs Fail to Prove Ownership by Adverse Possession. The court held that the plaintiffs' claim of adverse possession failed as they did not establish exclusive possession or ouster of the defendant temple.

The dispute in this second appeal concerns a property surveyed under no.263/3 of village Tuem, Pernem, Goa. The plaintiffs, who are the appellants, cl...

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Bombay High Court Dismisses Writ Petition of Temporary Lecturers Challenging Termination — Ad Hoc Appointments Made Without Following Recruitment Rules Do Not Confer Right to Regularisation or Reinstatement.

The case involves a writ petition filed by 25 individuals who were appointed as temporary lecturers on ad hoc basis at Government Polytechnic College,...

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Bombay High Court Allows Appeal of Housing Society Against ESI Corporation — Society Not a 'Shop' Under ESI Act Notification. Principles of Natural Justice Not Applicable to Notification Under Section 1(5) of Employees' State Insurance Act, 1948.

The appellant, Vidarbha Premier Co-operative Housing Society, filed an appeal against the order of the Employees' State Insurance Court, Nagpur, which...

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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...