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High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...

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Bombay High Court Quashes Provisional Attachment of Bank Account in GST Case — Attachment Without Show Cause Notice Violates Principles of Natural Justice. Section 83(1) of CGST Act, 2017 Requires Prior Notice and Opportunity of Hearing Before Attachment.

The petitioner, Kaish Impex Private Limited, a company engaged in the export of perfumes and compound fragrance oil and registered under the Goods and...

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Karnataka High Court Examines Legality of Arrests by Enforcement Directorate in Money Laundering Case After Predicate Offence Closed. Petitioners Allege Violation of Section 19 of PMLA and Fundamental Rights, Challenging Custody Remand Orders.

The three writ petitions, heard together, challenged the legality of the arrest and subsequent custody remand orders of the petitioners, who were dire...

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Bombay High Court Allows Employer's Writ Petitions Challenging Labour Court Awards of Reinstatement Without Back Wages. Held that daily wage employees who worked for less than 240 days in a year are not entitled to reinstatement under Section 25-F of the Industrial Disputes Act, 1947.

The judgment involves a batch of writ petitions filed by the employer, Dainik Bhaskar Group (D. B. Corp Ltd), challenging the awards of the Labour Cou...

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Bombay High Court Quashes Dismissal of Teacher Due to Procedural Lapses in Departmental Enquiry under MEPS Act. Non-payment of subsistence allowance and failure to follow statutory enquiry procedure vitiated the termination, violating principles of natural justice under MEPS Rules, 1981.

The matter concerned a challenge by a secondary school teacher to his termination by the management of a private school. The teacher was appointed on ...

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Section 6 Specific Relief Act – Proof of Possession Mandatory.

This case arose from a dispute over possession of a dispensary premises in Mumbai between family members. The plaintiffs claimed that they were in set...

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Bombay High Court Allows Writ Petition Challenging Illegal Deduction from Retiral Dues — Violation of Natural Justice and Article 300A. Deduction of Rs.3,01,361/- from employee's legal dues without prior notice or opportunity of hearing held arbitrary and violative of constitutional guarantees.

The petitioner, Dev Raj Mehta, was appointed as Chairman-cum-Managing Director of National Textile Corporation (Maharashtra North) Limited from 29.3.1...