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Supreme Court Allows Appeal in Remission Policy Applicability Case — 2002 Policy Governs Convicts Sentenced Before 2008 Policy Came Into Effect. The Court held that the policy in force at the time of conviction applies, and subsequent policy cannot be applied retrospectively to deny remission.

The appellant, Parveen Kumar @ Parveen Chauhan, was convicted for the murder of a 12-year-old child on 3rd January 2009 under FIR No.670 of 2007. He w...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Limitation and Cause of Action Are Triable Issues. Court holds that Order VII Rule 11 CPC application cannot be decided on disputed facts regarding knowledge of sale deeds and limitation.

The Bombay High Court dismissed a Civil Revision Application filed by Defendant No.15 (M/s. Mahabharat Builders) challenging the trial court's order d...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Leave Encashment Dispute — Recovery of Mistaken Payment from Gratuity Held Unjust. Petitioner's Leave Encashment Payment Was Not Mistaken as Government Resolution Did Not Apply to Non-Teaching Staff of Social Work Colleges.

The petitioner, Prakash Suryabhanji Ninghot, was appointed as a Peon on 01.10.1982 with respondent 5-College, a 100% grant-in-aid Social Work college....

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Supreme Court Allows Recovery of Excess Payments from In-Service Nursing Trainees Under Restitution Principle. Recovery Permitted as Payments Were Made Pursuant to Court Order Later Set Aside, Distinguishing Mistaken Payment Guidelines Under Rafiq Masih Case for Class III and IV Employees.

The dispute originated from in-service employees of the Rajasthan Medical & Health Subordinate Service, working as ANMs, Lab Technicians, and similar ...

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Bombay High Court Dismisses Plaint in Copyright Infringement Suit for Lack of Cause of Action and Abuse of Process. Plaintiff failed to identify any protectable work or substantial similarity with defendant's film, leading to dismissal with costs.

The plaintiff, Akashaditya Harishchandra Lama, filed a suit for copyright infringement seeking an interim injunction to restrain the release of the fi...

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Bombay High Court Dismisses Petition Seeking Compensation for Alleged Illegal Detention — Mistaken Release Date Corrected Before Actual Release. The court held that a mistaken intimation of release date does not render subsequent detention illegal if the error is rectified before the actual release.

The petitioner, Suryakant @ Bandu Ranoji Andekar, filed a criminal writ petition seeking a declaration that his detention in Yerawada Central Prison f...