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Bombay High Court Allows Writ Petition Against Withholding of Payment Due to Complaints by Ex-Employee. Unilateral Withholding of Payment Without Contractual Authority or Opportunity of Hearing Violates Article 14 and 19(1)(g) of Constitution.

The petitioner, Mahimtura Consultants Pvt. Ltd., a company engaged in consultancy engineering and project management, was awarded a contract by the Pi...

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Bombay High Court Quashes Caste Validity Certificate Cancellation for Violation of Natural Justice. Scrutiny Committee's Ex-Parte Order Without Providing Documents to Petitioner Set Aside Under Section 11 of Maharashtra SC, ST, DT (VJ), NT, OBC and SBC Act, 2001.

The petitioner, Sharada Ramesh Darade, a member of the Hindu Vanjari Community (NT30) recognized as a Nomadic Tribe in Maharashtra, was issued a caste...

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Bombay High Court Quashes Show-Cause Notice Against Project-Affected Employee in Land Misrepresentation Case. Policy Interpretation Under Section 2(2)(c)(i) of Maharashtra Project Affected Persons Rehabilitation Act, 1999 Favours Petitioner as Only Land Left After Acquisition Considered.

The petitioners, Kundlik s/o Kosru Mate and his son Sharad s/o Kundlik Mate, filed a writ petition challenging a show-cause notice dated 15.03.2002 is...

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Bombay High Court Dismisses Petition Challenging Recall of No Written Statement Order in Civil Suit. Trial Court Permitted Municipal Corporation to File Written Statement with Costs of Rs.5,000 Under Order VIII Rule 1 CPC.

The petitioner, Tapi Prestressed Product Ltd., filed a writ petition challenging the order dated 18.12.2017 passed by the trial court in a civil suit....

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs.

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific perform...

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Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting delay condonation application by applying strict limitation principles instead of liberal approach under Section 5 of Limitation Act, 1963.

The case involves a second appeal arising from a property dispute. The plaintiff, Vinay Madhukar Kulkarni, filed Regular Civil Suit No.155 of 2007 for...

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Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting application for condonation of delay by applying strict standards instead of liberal approach under Section 5 of Limitation Act, 1963.

The case involves a property dispute between family members. The plaintiff, Vinay Madhukar Kulkarni, filed a suit for perpetual injunction against the...

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Bombay High Court Allows Second Appeal Against Rejection of Condonation of Delay in Exparte Decree Case. Court Holds That Liberal Approach Is Required When Delay Is Not Due to Wilful Neglect and Sufficient Cause Is Shown.

The case involves a Second Appeal filed by Pushkaraj Wagh (appellant/original defendant) against an exparte decree passed in Spl. Civil Suit No. 22/20...