Tax LawArbitration and Mediation
Payment of damages for breach of contract does not constitute 'supply' under GST law.
The Petitioner, Tata Sons, entered into a Shareholders Agreement (SHA) with NTT Docomo in 2009
3 MIN READ→
BHCMONTHLY CASE LAW ARCHIVE
Bombay High Court Judgments in April 2026: Case Law Digest
Read 211 LawLens analyses of Bombay High Court judgments published in April 2026, covering key rulings, legal principles and case law.
← BACK TO THE BOMBAY LAW DESKPERMANENT MONTHLY EDITIONS
Browse by month
April 2026 Judgments
211 ARTICLES · NEWEST FIRST
Constitutional LawEducation Law
Statutory penalties for examination malpractice do not constitute double jeopardy or violate constitutional vires.
The Petitioner, a 3rd-year veterinary student at Respondent No. 3 college, was caught using unfair means during the ‘Veterinary Pharmacology and Toxicology-I’ theory examination on November 14, 2025
2 MIN READ→
Employment and Labour LawEducation Law
Prior Permission or Pavitra Portal Compliance Not Required for Appointments to Non-Grant-in-Aid Posts
Petitioner No. 1 was appointed as an Assistant Teacher by Petitioner No. 3 (School Management) on August 13, 2016, following an advertisement for a vacancy created by a promotion.
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
Inter-departmental redeployment on equivalent posts pursuant to administrative policy does not violate service rights or Article 16.
The Petitioner, a permanent employee of the Brihanmumbai Municipal Corporation (BMC), served as a Senior Estate Inspector since 2017
2 MIN READ→
Family LawConstitutional Law
Habeas corpus for child custody is a discretionary remedy governed by the paramount welfare of the minor.
The Petitioner (father) sought a writ of habeas corpus for the custody of his eight-year-old daughter from her maternal relatives (Respondents 2–6)
2 MIN READ→
Property and Real Estate LawAdministrative and Public Law
State Property Vested Due to Illegal Occupation Must Be Utilized at Executive Discretion, Not Court-Mandated Auction.
The subject land (Survey No. 110-A, Thane) was originally allotted in 1951 to Sarjuprasad Pardeshi (father of the "Original Petitioners") on a new and impartible tenure
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
Absence of prior approval under Section 33(2)(b) renders dismissal void and entitles workman to automatic reinstatement.
The petitioner-workman was issued a charge-sheet on October 12, 2012, for alleged misconduct under Certified Standing Orders
2 MIN READ→
Intellectual Property LawCivil Procedure and Evidence
Deceptive similarity in cement trade marks combined with dishonest adoption warrants permanent injunction and punitive damages.
The Plaintiffs, established cement manufacturers, filed a suit for permanent injunction against the Defendant for trademark infringement and passing off
2 MIN READ→
Criminal Procedure and EvidenceProperty and Real Estate Law
Criminal Prosecution for Alleged Trespass Quashed as Improper Attempt to Criminalize Pending Civil Tenancy Dispute
The Petitioner, claiming to be an agricultural tenant/Gaonkar of a property in Camurlim (Survey No. 104/0), is currently pursuing a tenancy declaration before the Mamlatdar of Mapusa.
3 MIN READ→
Administrative and Public LawConstitutional Law
### High Court Dismisses Writ Petition Challenging Removal of Sarpanch for Financial Irregularities Writ Court may decline to quash an unreasoned order if interference would revive an illegal order. Case Summary: * Petitioner: Mangal Mahadu Korde (Elected Sarpanch) * Respondents: State of Maharashtra, Divisional Commissioner (Pune), Chief Executive Officer (Zilla Parishad, Pune), and others. * Key Law: Section 39 of the Maharashtra Village Panchayat Act, 1959. Background: The Petitioner was removed from the office of Sarpanch by the Minister (Rural Development) on appeal, reversing a Divisional Commissioner’s decision. The removal followed an inquiry report by the Chief Executive Officer which found that the Petitioner executed over 50 village works without following mandatory tender or bidding processes prescribed under the Maharashtra Grampanchayat Account Code, 2011. Arguments: The Petitioner contended that the Minister’s order was "unreasoned" and violated principles of natural justice. Furthermore, it was argued that technical administrative lapses do not amount to "misconduct" under Section 39(1) of the Act in the absence of proven misappropriation. Court’s Observations: 1. Requirement of Reasons: The Court acknowledged that the impugned order lacked detailed reasoning, noting that reasons are the "soul of the adjudicatory process" and a requirement of natural justice. 2. Definition of Misconduct: Referring to *State of Punjab v. Ram Singh*, the Court noted that misconduct includes unlawful behavior, willful dereliction of duty, and acts which an office holder has no right to perform. 3. Severity of Violations: The Court found the Petitioner's persistent failure to follow tender processes for public expenditure to be a gross violation of statutory duties. Dealing with public funds as personal largesse constitutes misconduct, even if actual misappropriation is not proven. 4. Discretionary Jurisdiction (Article 226): The Court held that while the Minister's order was flawed for lack of reasoning, setting it aside would revive the Divisional Commissioner’s order, which wrongly exonerated the Petitioner despite clear evidence of irregularities. Conclusion: Following the principle that a Writ Court should not interfere with an illegal order if its effect is to revive another illegal or wrong order, the High Court dismissed the petition. The removal of the Sarpanch was upheld despite the procedural infirmity of the appellate order.
The Petitioner, elected as Sarpanch of Wakalwadi Village Panchayat in 2021, was subject to an inquiry following complaints by Respondent No. 5
3 MIN READ→
Construction LawAdministrative and Public Law
Development permissions obtained through misrepresentation or fraud are void ab initio and cannot be regularized.
The Petitioners purchased property in Ulhasnagar and obtained development permissions from the Ulhasnagar Municipal Corporation (UMC) in 2020 and 2021 to construct a building up to 16 floors.
2 MIN READ→
Administrative and Public LawProperty and Real Estate Law
State's power of superintendence justifies cancellation of land allotments obtained through misrepresentation or lack of verification.
The Petitioner, a Project Affected Person (PAP) whose land was acquired for the Temghar Dam Project, sought allotment of alternate land.
3 MIN READ→
Administrative and Public LawProperty and Real Estate Law
Repair permissions granted for an unauthorized structure do not establish its legality or prior existence to the datum line.
The Petitioners, occupants of an industrial shed at Bharat Coal Compound, Kurla (West), challenged seven notices dated 22nd December 2022 and seven speaking orders dated 10th March 2023 issued by the Brihanmumbai Muni...
3 MIN READ→
Criminal Procedure and EvidenceProperty and Real Estate Law
MPID Act Property Cannot Be Released to Owner Based on Stale Valuation After Auction Order
The Appellant, proprietor of Shree Radhey Trading Co., is Accused No. 59 in a case involving the National Spot Exchange Ltd. (NSEL) under the MPID Act and IPC
2 MIN READ→
Administrative and Public LawEmployment and Labour Law
Government Resolution Exempting Personal Income for Women’s Reservation NCL Certificates Applies Retrospectively to Avert Hardship
The Petitioner, a Lecturer at B.J. Government Medical College, applied for and was issued a Non-Creamy Layer (NCL) Certificate on May 20, 2015, to avail of the 30% reservation for women
2 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Reservation Lapses Automatically Under Section 127 of MRTP Act if Acquisition Not Initiated Within Statutory Period
The Petitioner owns land at Survey No. 317 (Hissa No. 3, 4 & 12E) in Virar, Palghar
2 MIN READ→
Arbitration and MediationCivil Procedure and Evidence
Section 9 jurisdiction is limited to preserving the arbitration agreement's subject matter and cannot settle unrelated third-party claims.
The Petitioner Society entered into a Development Agreement (DA) in 2013 with Respondent No. 1 (Developer) for redevelopment
2 MIN READ→
Administrative and Public LawConstitutional Law
Subordinate rules cannot take effect until the parent enactment is formally notified and brought into force.
The Petitioner No. 1 operates 'The Deltin', a five-star hotel in Daman.
3 MIN READ→
Family LawInternational Law
Mother’s custody is not unlawful where visa revocation and child’s welfare necessitate residence in India.
The Petitioner (father) and Respondent No. 2 (mother) are US citizens; their minor son ‘N’ (born 2014) is also a US citizen.
2 MIN READ→
Banking and Finance LawAdministrative and Public Law
Suppression of material facts and conduct disentitle a petitioner from seeking discretionary writ relief.
The petitioners are legal heirs of Smt. Sudha Patil, who availed a home loan from Respondent No. 1 (Bank) in 2011.
3 MIN READ→
Civil Procedure and EvidenceCommercial and Corporate Law
Service of summons without the plaint and its accompaniments does not trigger the statutory timeline for filing a written statement.
The Respondent (Plaintiff) filed a commercial suit against the Petitioners (Defendants) for recovery of charges related to land use
2 MIN READ→
Civil Procedure and EvidenceProperty and Real Estate Law
Recall of witness under Order 18 Rule 17 cannot be invoked to fill lacunae or produce previously available evidence.
The Petitioner (licensee) occupied two commercial premises in Worli, Mumbai, under Leave and License Agreements dated March 29, 1997.
3 MIN READ→
Tax LawAdministrative and Public Law
Inordinate delay in adjudicating show cause notices beyond a reasonable period vitiates assessment proceedings as being arbitrary and violative of natural justice.
The Petitioner, a Public Sector Undertaking, transport petroleum products via pipeline to its Vashi Terminal within the jurisdiction of the Navi Mumbai Municipal Corporation (NMMC)
2 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Deemed conveyance in multi-building layouts must include specifically identified plinth area, appurtenant open spaces, and proportionate recreational grounds.
The Petitioner is a cooperative housing society whose building was constructed by Respondent No. 3 (Developer) on a larger layout at Village Bhayandar
3 MIN READ→
Intellectual Property LawCommercial and Corporate Law
Prolonged non-use and voluntary commercial decisions do not constitute "special circumstances" to prevent trade mark cancellation.
The Petitioner, Glaxo Group Limited (part of GlaxoSmithKline), sought the cancellation of Respondent No. 1’s registration for the trademark ‘PAXIL’ under Class 5
2 MIN READ→
Arbitration and MediationContract Law
Existence of an arbitration clause overrides conflicting departmental mechanisms and necessitates arbitrator appointment despite non-exhaustion of internal appeals.
The Petitioner was awarded a contract for constructing an office building for the Respondent (MMB) via a Work Order dated January 25, 2023
2 MIN READ→
Tax LawEducation Law
Statutory University Affiliation Fees Are Not Consideration for "Supply" and Are Not Taxable Under GST
The Petitioner, a statutory University established under the Maharashtra Public Universities Act, 2016, challenged an Order-in-Original dated 27 January 2025 and a subsequent Rectification Order dated 23 June 2025.
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
### Completion of probationary period without a written confirmation order does not result in deemed confirmation.
The Appellants were employed by Respondent No. 1 (Kirloskar Oil Engines Ltd) through a sequence of appointments: initially as trainees for one year, then as temporary workers for six months, and finally placed on prob...
3 MIN READ→
Criminal Procedure and EvidenceCommercial and Corporate Law
Generic Auditor Observations Do Not Constitute Adverse Remarks Sufficient to Trigger Penal Liability Under Section 217(3).
The Petitioners, directors of M/s. Timblo Private Limited, were arraigned as accused in a private complaint filed by the Registrar of Companies (ROC).
2 MIN READ→
Administrative and Public LawEducation Law
Appointment of Administrator requires proof of management neglect or public detriment, not mere internal management disputes.
The Petitioner, an educational society running multiple schools and a junior college in Jalna, challenged orders passed by the Director of Education and the Minister of School Education appointing an Administrator and...
2 MIN READ→
Administrative and Public LawProperty and Real Estate Law
Eviction order vitiated for failure to issue statutory notice to actual occupants under Section 81-B.
The Jalgaon Municipal Corporation allotted a plot of 4 Acres 4 Gunthas to the Petitioner-Association via a three-year lease agreement dated 14.11.1983.
2 MIN READ→
Constitutional LawEmployment and Labour Law
Arbitrary withholding of salary and cancellation of approvals without establishing individual fraud violates principles of natural justice.
The petitioners are teachers and non-teaching staff (Assistant Teachers, Junior Clerks, and Peons) appointed by various private-aided educational institutions in Nagpur Division between 2003 and 2020
3 MIN READ→
Election LawCommercial and Corporate Law
Primary Agricultural Credit Society Delegate Rights are Independent of New Executive Body Elections
The Petitioner is a member of the Wazar (Bk.) Miscellaneous Executive Services Co-operative Society (“PACS”), which is affiliated with the Parbhani District Central Co-operative Bank Ltd. (“Federal Society”)
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
Prolonged temporary engagement against sanctioned vacancies constitutes unfair labour practice, mandating regularisation by a model employer.
Approximately 120 employees were engaged as Class IV daily-wage workers at Dr. Vaishampayan Memorial Government Medical College and Shri Chhatrapati Shivaji Maharaj Sarvopachar Rugnalay, Solapur, for over 15 years.
3 MIN READ→
Employment and Labour LawConstitutional Law
Prolonged temporary engagement against sanctioned vacancies constitutes unfair labour practice requiring mandatory regularisation by a model employer.
The employees (Petitioners in cross-petitions) were engaged as Class IV daily-wage workers at Dr. Vaishampayan Memorial Government Medical College, Solapur, for over 15 years
3 MIN READ→
Tax LawAdministrative and Public Law
### Second refund application within statutory limitation is maintainable despite inadvertent omission in earlier consolidated claim.
The Petitioner, a private limited company, sought a refund of GST amounting to ₹1,10,52,474/- relating to invoices from August 2022.
2 MIN READ→
Arbitration and MediationContract Law
Developer’s right to profit is subservient to members' right to safe housing in redevelopment delays.
The Respondent Society, consisting of 869 units in 46 dilapidated buildings constructed in 1957, appointed the Petitioner as a developer in 2013
2 MIN READ→
Arbitration and MediationContract Law
Rights of society members to rehousing prevail over developer’s profit interests in redevelopment disputes.
The Petitioner-Developer was selected by the Respondent-Society in 2013 to redevelop buildings constructed in 1957.
2 MIN READ→
Tax LawAdministrative and Public Law
Formula amendment to Rule 89(5) for inverted duty structure refunds is clarificatory and applies retrospectively.
The Petitioner, a joint venture between China Harbour Engineering Company and Tata Projects Limited, provides metro rail construction works contract services to MMRDA. It pays GST at 12% on outward supplies but procur...
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Compulsory retirement based on service record and public interest under Rule 48 of CCS (Pension) Rules is non-punitive.
The Petitioner, a Head Constable (GD) in the Central Industrial Security Force (CISF), challenged an order dated October 30, 2019, issued by the Commandant, CISF.
2 MIN READ→
Criminal LawCriminal Procedure and Evidence
Confession to Doctor While in Police Custody is Inadmissible and Medical Evidence Prevails Over Oral Testimony
The Appellant, Amol Jayram Landge (aged 19), was convicted by the Special Judge, Hingoli, for kidnapping and repeatedly raping a 13-year-old victim (PW-11) under Sections 363, 366-A, 376(2)(i), 376(2)(n) of the IPC an...
2 MIN READ→
Tax LawAdministrative and Public Law
High profit margins alone cannot justify invoking Section 80-IA(10) without evidence of a profit-inflating arrangement.
The Appellant, a private limited company (formerly M/s. Hindustan Essential Oil Company), established a 100% Export Oriented Unit (EOU) in Tamil Nadu for manufacturing perfumery compounds.
2 MIN READ→
Property and Real Estate LawAdministrative and Public Law
### Reservation Lapses Upon Failure to Acquire Land Within Statutory Period Following Valid Section 127 Purchase Notice Summary: The Bombay High Court held that a reservation under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) lapses by operation of law if the Planning Authority fails to take steps for acquisition within the prescribed statutory period after service of a purchase notice under Section 127. The Court rejected the Corporation’s technical objections regarding the non-traceability of the notice and its "composite" nature (invoking both Sections 37 and 127), ruling that as long as the notice clearly indicates the owner's intent and is acted upon by the authority, it constitutes valid service. Furthermore, once reservation lapses by operation of law, subsequent changes to the reservation in a revised Development Plan are a nullity, and the right of the owner cannot be defeated by the plea of delay and laches.
The Petitioner, a co-operative housing society, purchased lands at Village Karvenagar (Survey Nos. 39/1 and 40/1) on 02/08/2000
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Disciplinary proceedings are initiated only upon issuance of a charge-sheet, not a show-cause notice.
The Petitioner, a retired General Manager of Punjab National Bank (PNB), served as MD of its London subsidiary from 2011 to 2015
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Law Officers appointed through regular selection process are entitled to regularization and promotion despite pendency of litigation regarding their right to practice.
The three Petitioners were appointed as Assistant Law Officers (Grade-II) by the Brihanmumbai Municipal Corporation (BMC) following a formal recruitment process in late 2016
2 MIN READ→
Criminal Procedure and EvidenceCriminal Law
GPA holder lacks locus to file criminal complaint for SC/ST Act offences without specific authorization from the victim.
Respondent No. 2 (complainant), claiming to be the General Power of Attorney (GPA) holder of one Fakiri Kisan Gangave (a member of a Scheduled Tribe), filed a private complaint (Criminal M.A. No. 179 of 2024) alleging...
2 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Accused entitled to bail on parity and completion of investigation where injuries are simple in nature.
The Appellant was accused in Crime No. 580/2025 for allegedly assaulting the informant, Akshay Raju Bhill, and abusing him on his caste
2 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Rent Controller Cannot Decide Tenancy Status Where Claimant Previously Disavowed Tenancy Claims in Civil Proceedings
The Petitioner is the owner of a shop premises in Cortalim, Goa
3 MIN READ→
Family LawProperty and Real Estate Law
Grandson cannot claim partition and injunction during father and grandfather's lifetime under Section 8 of Hindu Succession Act.
The Petitioners (original plaintiffs), being the son and wife of Respondent No. 1, filed a suit for partition, separate possession, and a declaration to nullify a sale deed regarding agricultural land in Gat No. 224
2 MIN READ→
Administrative and Public LawCompetition Law
Tendering Authority is the Best Judge of Its Requirements; Author’s Interpretation Governs Absent Arbitrariness or Mala Fides
The Petitioner, a registered partnership firm, challenged the Amravati Municipal Corporation's (Respondent No. 1) rejection of its technical bid for a road maintenance e-tender.
3 MIN READ→
Administrative and Public LawCivil Procedure and Evidence
Charity Commissioner possesses statutory authority to appoint interim committees and scrutinize voters' lists upon trust tenure expiry.
The petitioners challenged two orders dated March 13, 2026, passed by the Charity Commissioner regarding the administration of the Asiatic Society of Mumbai
2 MIN READ→
Administrative and Public LawCivil Procedure and Evidence
Charity Commissioner lacks personal bias and possesses jurisdiction to appoint interim committees when trust management tenures expire.
The Petitioners challenged two orders dated March 13, 2026, passed by the Charity Commissioner regarding the administration of "The Asiatic Society of Mumbai"
2 MIN READ→
Insurance LawContract Law
Insurance Policy Clauses Restricting Claim Submission Timelines Are Void Under Section 28 of Contract Act
The Petitioner, an employee of Export Import Bank of India, held a Group Health Insurance Policy (Family Floater basis) issued by Respondent No. 1 for the period 01/04/2021 to 31/03/2022
2 MIN READ→
Transport, Maritime, and Aviation LawInsurance Law
Insurance Company Liability Upheld Where Evidence Fails to Prove Expiry of Policy Period
The Appellant (Insurance Company) challenged an order dated 19th October 2011 passed by the Motor Accident Claims Tribunal (MACT), Mumbai, which awarded Rs. 74,422/- to the first Respondent for injuries sustained in a...
2 MIN READ→
Arbitration and MediationInsurance Law
Partial payment of an insurance claim renders disputes over balance amounts "quantum" disputes, triggering arbitrability.
The Petitioner (Insurer) provided an "Industrial All Risk Policy" to the Respondent (Insured) for its power plant.
3 MIN READ→
Administrative and Public LawElection Law
Knowledge of disqualification grounds and opportunity to explain default satisfy natural justice in Section 7 proceedings.
The Petitioner, the directly elected Sarpanch of Village Kasare (term 2022-2027), was disqualified by the District Collector, Dhule, via an order dated 23.01.2026
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
POSH Committee cannot selectively omit instigator's identity in inquiry report when relying on retraction statement.
The Petitioner, a permanent Government servant (LDC), was accused of sexual harassment by Respondent No. 4 (Complainant), who is a person with an intellectual disability
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Retracted confessions and delayed identification parades without independent corroborative evidence are insufficient for framing criminal charges.
The case pertains to the 2006 Malegaon bomb blasts that resulted in 31 deaths.
3 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Market value for 1986 New Bombay acquisitions fixed at Rs. 1,725 per square metre across adjacent villages.
In 1970, the Government of Maharashtra initiated large-scale land acquisition for the ‘New Bombay Project,’ which later lapsed.
3 MIN READ→
Arbitration and MediationInsurance Law
Partial Admission of Insurance Liability Renders Any Dispute Over Balance Unpaid Claims a Matter of Quantum and Arbitrable
The Respondent (UPL) insured a Gas Turbine (GT) Engine under an "Industrial All Risk Policy" issued by the Petitioner.
3 MIN READ→
Civil Procedure and EvidenceProperty and Real Estate Law
Executing Court may summarily reject baseless obstructionist claims without conducting a full-fledged trial under Order 21 Rule 101.
The Petitioner (landlady) obtained an eviction decree on September 27, 2011, against the original tenant and a sub-tenant (Defendant No. 2, Kalam Khan) on grounds of unlawful subletting and bona fide need
2 MIN READ→
Tax LawAdministrative and Public Law
### Local Public Notices Cannot Dilute Free Trade Agreement Benefits or Override CBIC Statutory Instructions
The Petitioner, an importer of polycarbonate resins and films from Thailand, claimed a preferential rate of duty under Notification No. 046/2011 (ASEAN-India Free Trade Agreement [AIFTA])
2 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Successor-in-interest must intimate tenant of cessation of widow's interest to enable exercise of purchase right.
The petitioners are legal heirs of protected tenants (Kondu and Barku Patil) who occupied agricultural land (Gat No. 119, Domgaon) owned by Chindhu Pandu Wani
2 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Highest Bona Fide Sale Exemplar Governs Land Valuation Subject to Size-Based Deduction and Escalation
The Appellants/Cross-objectors were owners of lands in village Borol, Deoni (K), and Sindhikamath, Latur, acquired for the Borol Storage Tank project via a Section 4 notification under the Land Acquisition Act, 1894,...
3 MIN READ→
Intellectual Property LawCommercial and Corporate Law
Use of a registered trade mark as a prefix in a trade name constitutes infringement under Section 29(5).
The Plaintiff, a prominent pharmaceutical company, has used the registered trade marks ‘SUN’ and ‘SUN PHARMA’ as house marks since 1978 and 1993, respectively
3 MIN READ→
Tax LawAdministrative and Public Law
### Statutory Interest on Delayed IGST Refund Is Mandatory Upon Expiry of Sixty Days Under Section 56 CGST Act
The Petitioner, a proprietor of Guru Nanak Motor House, exported goods (mobile/motor accessories) between December 2018 and January 2019 under 30 shipping bills
2 MIN READ→
Social Security and PensionsAdministrative and Public Law
Statutory undertaking permits recovery of excess pay from gratuity, notwithstanding an employee's Class IV status.
The petitioner is the widow of Sanjay Bhagirath Chandode, a Class IV employee (Peon) who died in service on March 11, 2022
2 MIN READ→
Arbitration and MediationContract Law
Stockbroker is vicariously liable for agent’s fraudulent unauthorized trades notwithstanding the client's delayed objection.
The Appellant, a SEBI-registered stockbroker, challenged an Arbitral Award dated 10.03.2025 and a subsequent District Court order dated 10.10.2025 which dismissed its Section 34 application
3 MIN READ→
Administrative and Public LawConstitutional Law
Reservation laws apply only to co-operative societies with government shareholding, regardless of financial aid received.
The Petitioner, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, challenged the validity of a Government Resolution (GR) dated April 1, 2004, and consequential orders dated Apr...
3 MIN READ→
Banking and Finance LawAdministrative and Public Law
Banks cannot be compelled to reconsider lapsed One-Time Settlement proposals after recovery proceedings attain finality.
The Petitioner, a Scheduled Co-operative Bank, classified the account of Respondent Nos. 2 to 4 as a Non-Performing Asset (NPA) on March 31, 2004
2 MIN READ→
Administrative and Public LawConstitutional Law
Service approvals cannot be revoked for management irregularities without specific proof of individual employee fraud.
The Petitioners are teaching and non-teaching staff (and their respective school managements) appointed in private aided schools between 2009 and 2018
3 MIN READ→
Transport, Maritime, and Aviation LawCivil Procedure and Evidence
Bona fide passenger’s death on tracks constitutes an “untoward incident” absent eyewitness evidence of being knocked down.
The deceased, a doctor by profession, had traveled to Mumbai for his D.G.O. examination.
2 MIN READ→
Civil Procedure and EvidenceContract Law
Rejection of plaint is impermissible where limitation involves triable mixed questions of law and fact.
The Plaintiff (Geekay Enterprises) filed a suit in 2021 seeking a declaration of its rights to develop the suit property under a Development Agreement (DA) dated October 28, 1997, executed with Defendant No. 1
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Removal from service for prolonged unauthorized absenteeism is a proportionate penalty and does not violate principles of natural justice.
The Petitioner joined the Respondent insurance company (a "State" under Article 12) as an Assistant in 1995
3 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Tenancy rights cannot be bequeathed by Will; "family" status under Rent Act requires blood or marital relationship.
The respondents (owners) filed a suit in the City Civil Court in 1985 seeking a mandatory injunction and recovery of possession of Flat No. 5, Shankar Bhavan, Mumbai, from the appellants, alleging they were trespassers
3 MIN READ→
Tax LawAdministrative and Public Law
Restricted goods exported under specific government permission remain eligible for RoDTEP scheme benefits.
The petitioners are exporters of "white refined sugar" under ITC(HS) Code 1701 1490
2 MIN READ→
Administrative and Public LawCriminal Procedure and Evidence
License cancellation requires satisfaction based on objective material; mere pendency of criminal cases cannot justify revocation.
The Petitioner, a proprietor of a restaurant and bar, held a Performance Licence (No. 515 of 2009) under Rule 109 of the Rules of Licensing and Controlling place of Public Amusement (other than Cinemas), 1960.
3 MIN READ→
Wills, Inheritance, and TrustsFamily Law
Husband’s heirs exclude natal heirs in intestate succession of a female Hindu under Section 15.
The Plaintiff, brother of the deceased Bimal Mohan Sikka, filed a suit for administration of her estate, seeking to declare himself the sole surviving heir under intestate succession
3 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Purchaser pendente lite remains bound by decree despite deletion from suit under Order 1 Rule 10 CPC.
The Petitioner filed a suit in 1987 for possession, declaration, and mesne profits regarding a residential property.
3 MIN READ→
Property and Real Estate LawReligious and Personal Law
Mohammedan Law prohibits property partition during the owner's lifetime; mutation entries do not prove Hiba.
The Plaintiffs (sisters) filed a suit for partition and possession against their brothers (Defendants 1 and 2) regarding ancestral property (Gut No. 152) originally owned by their grandfather and inherited by their fa...
3 MIN READ→
Property and Real Estate LawReligious and Personal Law
Partition is impermissible during a Muslim owner's lifetime; inheritance rights devolve only upon death.
The suit property (Gut No. 152) was originally owned by Jugan Khan and subsequently inherited by his son, Umar Khan, who died intestate on August 15, 2011.
3 MIN READ→
Criminal Procedure and EvidenceCivil Procedure and Evidence
Section 294 CrPC mandates calling for admission or denial of documents regardless of their perceived relevancy.
The petitioners (accused) are facing trial under Section 138 of the Negotiable Instruments Act in S.C.C. No. 5745 of 2019
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Section 294 Cr.P.C. mandates calling upon parties to admit or deny documents regardless of their perceived relevancy.
The petitioners, accused in a complaint under Section 138 of the Negotiable Instruments Act (S.C.C. No. 4454 of 2019), filed an application under Section 294 of the Code of Criminal Procedure (Cr.P.C.).
2 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Procedure under Section 294 Cr.P.C. for admission or denial of documents is mandatory and not discretionary.
The petitioners, who are accused in a complaint filed under Section 138 of the Negotiable Instruments Act (S.C.C. No. 6253 of 2019), moved an application (Exh. 36) under Section 294 of the Cr.P.C.
2 MIN READ→
Administrative and Public LawCriminal Procedure and Evidence
Retention of seized vehicles without following mandatory statutory procedure under Section 48(8) of MLR Code is illegal.
The petitioner, owner of a Hyundai Excavator, was accused of illegal sand excavation.
3 MIN READ→
Tax LawAdministrative and Public Law
Blocking of Electronic Credit Ledger under Rule 86A ceases automatically after one year.
The Petitioner, a limited company, was subjected to a search by State Tax authorities (Respondent No. 3) on February 12, 2025, regarding Input Tax Credit (ITC) availed from a specific supplier
3 MIN READ→
Tax LawAdministrative and Public Law
Charitable institutions are exempt from general tax liability under the Maharashtra Municipal Corporations Act.
The Petitioners are Public Charitable Trusts that operate educational institutions
2 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Failure to personally examine complainant and record judicial reasons vitiates order for issuance of process.
The Complainant (Samraj Gold) deals in the gold business and had insured its goods with Accused No. 1 (New India Assurance) since 2001
3 MIN READ→
Administrative and Public LawProperty and Real Estate Law
Sanctioned redevelopment projects cannot be stalled by pending boundary demarcation surveys under revenue laws.
The Petitioner, a public trust representing the fisherfolk (Kolis) of Dharavi, challenged the inaction of State authorities in demarcating the outer boundaries of Dharavi Koliwada.
3 MIN READ→
Insolvency and Bankruptcy LawProperty and Real Estate Law
Liquidator cannot be summarily evicted if continued possession of tenanted premises serves relevant liquidation purposes.
The Applicant is the landlord of a 1,100 sq. ft. office premise in Fort, Mumbai, which has been tenanted by the Bank of Karad since 1962
3 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Collector must pragmatically condone delay under Section 64 RFCTLARR Act to protect landowners' substantive compensation rights.
The petitioners are farmers from Mehergaon, Dhule, whose lands were acquired for the “Lower Panzara (Akkalpada) Medium Project”
3 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Collector must pragmatically exercise discretion to condone delay in land acquisition enhancement references.
The petitioners are farmers whose lands were acquired for the "Lower Panzara (Akkalpada) Medium Project"
2 MIN READ→
Social Security and PensionsAdministrative and Public Law
Higher pension claims cannot be rejected solely for employer’s failure to produce specific statutory records.
The petitioners, former employees who retired after long service tenures, sought pension on higher wages under the Employees’ Pension Scheme (EPS), 1995
3 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Subordinate officers exercising delegated powers remain subject to the Registrar’s revisional jurisdiction under Section 154.
The dispute concerns Flat No. 31 in the Petitioner Society, originally held in the joint names of late Ramlal Dhanuka and Pannadevi Dhanuka
3 MIN READ→
Civil Procedure and EvidenceProperty and Real Estate Law
Deliberate falsehood regarding knowledge of a defendant’s death precludes setting aside abatement and condoning inordinate delay.
The Appellant (Plaintiff) instituted S.C. Suit No. 68 of 1987 seeking a declaration of 2/3rd undivided share in a Pali Hill property
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Section 294 Cr.P.C. mandates calling upon parties to admit or deny documents irrespective of their perceived relevancy.
The petitioners are accused in a criminal complaint (S.C.C. No. 7117 of 2019) filed under Section 138 of the Negotiable Instruments Act
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Post-decisional hearing cannot substitute mandatory pre-decisional hearing for termination involving serious civil consequences.
The Petitioner served as an Anganwadi Sevika at Village Dakiwali since 1983.
3 MIN READ→
Intellectual Property LawAdministrative and Public Law
Patent refusal orders lacking specific reasoning on inventive steps and technical contribution violate principles of natural justice.
Navya Network Inc. (the Petitioner) filed a PCT national phase patent application (No. 2068/MUMNP/2014) titled "Medical Research Retrieval Engine"
3 MIN READ→
Arbitration and MediationCivil Procedure and Evidence
Collateral arbitration clauses cannot supersede express exclusive civil jurisdiction clauses in primary contracts.
In 2005, MSRDC appointed Jai Laxmi as a contractor for toll collection.
3 MIN READ→
Intellectual Property LawAdministrative and Public Law
Patent applications refused on atomic energy grounds must be supported by reasoned orders disclosing the basis for rejection.
The Petitioner, a USA-based corporation, filed a National Phase Patent application in April 2008 for an invention titled "Ultra Supercritical Boiler Header Alloy and Method of Preparation"
3 MIN READ→
Employment and Labour LawEducation Law
Temporary appointment against permanent vacancy is not deemed probation if the appointment order specifies temporary status.
The Respondents were appointed as Assistant Teachers by the Petitioner-Sanstha in 2005
3 MIN READ→
Family LawCivil Procedure and Evidence
Matrimonial courts cannot mechanically order medical examination of a spouse without establishing a strong prima facie case.
The Respondent-husband instituted divorce proceedings under Section 13(1)(ia), (ib), and (iii)(a) & (b) of the Hindu Marriage Act, alleging that the Petitioner-wife suffered from an incurable unsoundness of mind or me...
2 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Section 43 transfer restrictions do not apply to land purchased via ownership certificates issued under Section 32M.
The petitioners purchased 57.8 R of land in Gut No. 314 on April 12, 1993, from a tenant who had acquired ownership through tenancy proceedings
3 MIN READ→
Tax LawConstitutional Law
Section 1(2) extra-territorial jurisdiction applies prospectively, barring penal proceedings against foreign entities for pre-2018 conduct.
Petitioner No. 1, a German company, sold warp knitting machines to Indian importers between June 2014 and May 2017
3 MIN READ→
Arbitration and MediationCivil Procedure and Evidence
Arbitral awards passed in haste without evidence constitute patent illegality and shock the judicial conscience.
The Appellant-contractor was awarded a canal construction project in 1990-91 with a completion deadline of August 13, 1993
3 MIN READ→
Tax LawConstitutional Law
Adjudication of liability must precede recovery of deceased’s tax dues from a legal heir.
The Petitioner, Navin Vishwanathan, operates a proprietorship, "M/s. Oriental Facility," with a distinct GST registration and place of business obtained in February 2023
2 MIN READ→
Civil Procedure and EvidenceCommercial and Corporate Law
Headline: Contemplated urgent interim relief exempts Section 12-A compliance despite pending mediation or missing non-starter report.
The Plaintiff, an asset reconstruction company, filed a suit for a mandatory injunction to compel Defendant No. 1 to infuse equity of Rs. 250 crores into Defendant No. 2 and to restrain the disposal of certain brands.
3 MIN READ→
Transport, Maritime, and Aviation LawSocial Security and Pensions
Valid ticket recovery establishes "untoward incident" absent motorman’s testimony proving unauthorized track crossing.
On September 24, 2010, Mr. Srinivas Komuravelli died in a railway accident at Sewri station while traveling from Dockyard Road to Vikhroli at approximately 11:30 p.m.
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
TET is mandatory for promotion; pragmatic cut-off date extensions are permissible to prevent mass candidate disqualification.
The petitioners, in-service teachers in various Zilla Parishads, challenged the eligibility criteria for the Limited Departmental Competitive Examination (LDCE) for promotion to the post of Cluster Head (Kendrapramukh).
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Ordinary jail remissions cannot reduce a fixed 25-year sentence cap imposed to honor sovereign extradition assurances.
The Petitioner, Abu Salem, was extradited from Portugal to India in November 2005 following a solemn sovereign assurance given by the Government of India in 2002 that he would not be sentenced to death or imprisonment...
3 MIN READ→
Tax LawConstitutional Law
Extra-territorial jurisdiction under the Customs Act is prospective and cannot penalize foreign entities for conduct predating the 2018 amendment.
Petitioner No. 1 is a German manufacturer of textile machinery, and Petitioner No. 2 is its Indian subsidiary providing technical support
3 MIN READ→
Employment and Labour LawInsurance Law
Family relationship between vehicle owner and driver does not preclude a valid employer-employee relationship.
The Applicant (Respondent No. 1), a driver, filed for compensation under the Employee’s Compensation Act, 1923, following an accident on August 13, 2002, which resulted in significant leg injuries and loss of earning...
2 MIN READ→
Constitutional LawAdministrative and Public Law
The provided reference text contains only the case metadata (Writ Petition No. 400-2025, Bombay High Court at Goa) and empty paragraph placeholders (1-20). Because there is no substantive legal reasoning, findings of fact, or a final ruling present in the text, I cannot generate a factually accurate legal headline. Please provide the full text of the judgment to proceed.
The reference text provided constitutes a formal judgment skeleton from the High Court of Bombay at Goa, dated April 9, 2026
1 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Rent Act eviction proceedings cannot continue against a tenant who subsequently acquires co-ownership of the property.
The original plaintiffs (co-owners) filed an eviction suit against the applicant-tenant on grounds of unauthorized construction, subletting, change of user, bona fide requirement, and arrears of rent
3 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Rent Act eviction proceedings cannot continue against a tenant who acquires co-ownership of the premises.
The original plaintiffs filed a suit for eviction against the applicant (tenant) under the Rent Act on grounds of unauthorized construction, subletting, change of user, bona fide requirement, and arrears of rent
3 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Market value for land with N.A. potentiality requires reasonable size-based deductions and time-adjusted price escalation.
The claimants’ lands (Block No. 59/6 admeasuring 42 R and Block No. 59/5/2 admeasuring 82 R) were acquired for the expansion of Chikalthana Airport, Aurangabad.
3 MIN READ→
Transport, Maritime, and Aviation LawInsurance Law
Deceased’s age determines multiplier; 50% personal deduction applies for unmarried persons absent specific proof of dependency.
The Appellants (parents and four siblings) challenged the judgment of the Motor Accident Claims Tribunal (MACT), Phaltan, dated 02.09.2024
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
Writ petitions by Board-allotted security guards against principal employers are not maintainable due to lack of privity.
The Petitioner Union, representing 81 security guards, challenged termination letters dated August 11, 2025, and August 25, 2025, issued by Respondent No. 4 (Chief Security Officer, IIT Bombay).
3 MIN READ→
Family LawEmployment and Labour Law
Children of void marriages are entitled to compassionate appointment based on statutory legitimacy.
The Petitioner’s father, a permanent driver with the Respondent-Zilla Parishad, died in service on March 23, 2003.
2 MIN READ→
Intellectual Property LawCivil Procedure and Evidence
Stricter standard of phonetic similarity and holistic comparison applies to pharmaceutical trademarks to prevent public health hazards.
The Appellant, a leading pharmaceutical company, coined and adopted the trademark ‘RACIRAFT’ in January 2022 for an oral suspension (antacid) containing Sodium Alginate.
2 MIN READ→
Arbitration and MediationCivil Procedure and Evidence
Orders purportedly passed under Section 17 are appealable under Section 37 of the Arbitration Act.
The dispute involves the control and management of Vidhi Research and Development LLP ("LLP") between partners Mayank Shah ("Petitioner") and Raju Shah ("Respondent No. 1")
3 MIN READ→
Tax LawAdministrative and Public Law
Mechanical GST cancellation orders lacking reasoning or consideration of the assessee’s explanation are unsustainable.
The Petitioner, a proprietary concern engaged in the business of plastic recycling, obtained GST registration effective 16 March 2023
3 MIN READ→
Transport, Maritime, and Aviation LawAdministrative and Public Law
Wreck removal liability under Section 14, Indian Ports Act, fastens exclusively on the vessel owner, excluding principal employers or time charterers.
The Petitioner, a steel manufacturer, utilized a private jetty at Dharamatar for importing iron ore. Because large vessels could not access the jetty, cargo was transferred to small barges for transit through waters c...
3 MIN READ→
Administrative and Public LawHealth and Medical Law
Ceiling prices apply only to formulations specifically listed in the First Schedule of DPCO 2013.
The Petitioners, a pharmaceutical manufacturer and an association of manufacturers (IDMA), challenged the interpretation of the Drugs (Price Control) Order, 2013 (DPCO 2013) by the National Pharmaceutical Pricing Auth...
3 MIN READ→
Intellectual Property LawCivil Procedure and Evidence
Prosecution history estoppel bars interim relief when a party asserts deceptive similarity contrary to previous Registry representations.
The Appellant (Original Plaintiff) filed a suit for copyright infringement and passing off regarding its safety razor trademark and trade dress "SETMAX"
3 MIN READ→
Tax LawAdministrative and Public Law
GST provisional attachment requires formation of opinion based on tangible material and strict adherence to statutory procedure.
The Petitioner, a Limited Liability Partnership, challenged provisional bank attachment orders dated 23 January 2026 issued under Section 83 of the MGST/CGST Act, 2017.
3 MIN READ→
Banking and Finance LawConstitutional Law
Private banks are liable for unauthorized transactions absent proof of customer negligence under RBI guidelines.
The Petitioner, a senior citizen and freelancer, maintained savings and current accounts with HDFC Bank (Respondent No. 3).
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Temporary appointment for a fixed term precludes deemed probation or confirmation under the MEPS Act.
Respondent No. 1 (the employee) was initially engaged as a Clerk on an honorary basis from 1996 to 2001 in a non-sanctioned post
3 MIN READ→
Contract LawConstitutional Law
Supplementary lease deeds granting unlimited time for completion override original construction time-limits in composite projects.
The Petitioner, a non-profit company, was allotted Plot No. C-63 in Bandra-Kurla Complex (BKC) by the Respondent (MMRDA) on a long-term lease for the construction of an office complex
3 MIN READ→
Constitutional LawContract Law
Limiting extended construction timelines to subsequent leases is arbitrary, discriminatory, and violates Article 14.
The Petitioner entered into a Lease Deed on June 9, 2006, with Respondent No. 1 (MMRDA) for Plot Nos. C-57 and C-58 at Bandra-Kurla Complex (BKC) to construct a star-category hotel
3 MIN READ→
Administrative and Public LawContract Law
Penalty for construction delay is unsustainable where supplementary contracts dispense with time limits for composite development.
The Petitioner (formerly Starlight Systems) leased Plot Nos. R-1.2 and R-1.3 in Bandra-Kurla Complex from the Respondent (MMRDA) via a Lease Deed dated July 27, 2006
3 MIN READ→
Administrative and Public LawContract Law
Levying delay penalty is arbitrary where construction timelines ignore court-ordered stays and pending statutory approvals.
In 2006, Reliance Industries Limited ("Petitioner") was leased Plot No. C-64 in Bandra-Kurla Complex (BKC) for 80 years to construct a Convention Centre and Commercial Complex
3 MIN READ→
Insurance LawCivil Procedure and Evidence
Section 65B certification is a mandatory condition precedent for electronic evidence challenging insurance policy validity.
On December 30, 2009, Respondent No. 1 (a 12-year-old minor) was struck by a speeding taxi (bearing MH-01-X-4050) while walking along Dr. B.A. Road, Mumbai.
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
Domestic enquiry is not vitiated by non-constitution of *Vishaka* committee if natural justice is satisfied.
Respondent No. 1, an employee of the Petitioner since 1990, was accused of sexually harassing and physically assaulting a lady colleague in February 2011
3 MIN READ→
Employment and Labour LawCivil Procedure and Evidence
Unions cannot maintain recovery proceedings under Section 50 without express written authorization from individual employees.
The Petitioner-Union and Respondent-Company entered a settlement on February 2, 2006, regarding service conditions.
2 MIN READ→
Transport, Maritime, and Aviation LawCivil Law
Contributory negligence attributed to physically challenged pedestrian crossing busy road without assistance at non-signaled location.
On 9 November 2012, Mr. Satish Joshi, who suffered from Parkinson’s disease and partial paralysis, was struck by a bus belonging to the Thane Municipal Transport Corporation (TMTC) while crossing a road in Thane.
2 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Express easement by grant in a sale deed warrants interlocutory mandatory injunction for right of way.
The Petitioner (original defendant) owns agricultural land in Survey No. 401, adjacent to the Respondent’s (original plaintiff) land in Survey No. 400.
3 MIN READ→
Social Security and PensionsEmployment and Labour Law
Qualified teachers with long-term continuous service are entitled to pensionary benefits despite the absence of formal regularization.
The petitioner, holding B.A. and B.Ed. qualifications, was appointed as an "Assistant Teacher" on a temporary basis by the Osmanabad Municipal Council on August 17, 1992.
3 MIN READ→
Arbitration and MediationProperty and Real Estate Law
Failure to lead evidence despite multiple opportunities precludes challenge to an arbitral award on grounds of natural justice.
The appellant, National Highways Authority of India (NHAI), acquired lands in village Deolai, Aurangabad, for widening National Highway-211 under the National Highways Act, 1956
3 MIN READ→
Insolvency and Bankruptcy LawAdministrative and Public Law
Court-mandated pre-deposits constitute assets of the corporate debtor and must be released to the Resolution Professional.
Petitioner No. 1 (formerly Morarjee Brembana Ltd.) issued a work order to Respondent No. 3 (D.C. Weaving Mils Pvt. Ltd.) for weaving fabrics
3 MIN READ→
Civil Procedure and EvidenceEmployment and Labour Law
Clarificatory amendments are permissible at any stage of proceedings to determine the real question in controversy.
Respondent No. 3, a confirmed Assistant Teacher, challenged his 2019 resignation before the School Tribunal, Amravati, under Section 9 of the MEPS Act, 1977
2 MIN READ→
Election LawCivil Procedure and Evidence
Security deposit at presentation is mandatory; subsequent deposit cannot cure a defective election petition.
The Applicant (Respondent No. 1 in the main petition) was declared the returned candidate for the Mahim Constituency in the 15th Maharashtra Legislative Assembly elections on November 23, 2024
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
"Last seen together" and matching blood stains insufficient for murder conviction without motive and an unbroken circumstantial chain.
The Appellant was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of a co-worker and sentenced to life imprisonment.
2 MIN READ→
Administrative and Public LawProperty and Real Estate Law
Subsequent judicial declarations cannot reopen final orders that remained unchallenged within the statutory limitation period.
On December 17, 2019, the Adjudicating Officer ("AO") of the Real Estate Regulatory Authority ("RERA") ordered the Petitioner to refund Rs. 1,35,99,246 with interest to a flat purchaser
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Strong suspicion of custodial torture justifies framing murder charges against police officers despite claims of accidental death.
The Petitioner, a Senior Police Inspector, along with several other police officers, was accused of the custodial torture and subsequent death of Agnello Valdaris (“Agnello”).
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
Last seen theory cannot sustain conviction without a narrow time gap and corroborative evidence.
On May 26, 2016, at approximately 11:00 p.m., the Appellant and co-accused Subhash Kengar allegedly took the deceased, Suraj @ Bablu, from his residence on a motorcycle after calling him for a "program"
3 MIN READ→
Arbitration and MediationCivil Procedure and Evidence
Section 5 Limitation Act applies to Section 11 applications; preserving subject-matter constitutes exceptional cause for condoning delay.
The Applicant, a Limited Liability Partnership, was the 8th partner in a firm (Respondents 1-7) formed to redevelop "Panwala chawl" in Mumbai.
3 MIN READ→
Arbitration and MediationCivil Procedure and Evidence
Condonation of delay in Section 11 applications requires demonstrating an exceptional and very strong case.
The Applicant, a registered LLP, was the 8th partner in M/s. R.B. Builders and Developers (the Firm), which was formed for the redevelopment of "Panwala chawl" in Mumbai
3 MIN READ→
Administrative and Public LawProperty and Real Estate Law
Inordinate delay and non-retrospectivity of the 1999 Rehabilitation Act bar stale land allotment claims.
The Petitioners are legal heirs of original landowners whose lands (Gat No. 269 and Survey No. 90/7 at village Supedhar, Pune) were acquired for the Dimbe Irrigation Project via Awards dated January 3, 1972, and March...
2 MIN READ→
Administrative and Public LawProperty and Real Estate Law
Inordinate delay and the non-retrospective operation of the 1999 Act bar rehabilitation land claims.
The Petitioners are the legal heirs of Navji Krushna Vanghare, whose lands (Survey Nos. 134 and 130/6 at village Dehane, Pune) were acquired for the Chaskaman Irrigation Project.
2 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Sale of land extinguishes the bona fide requirement for personal cultivation under Section 33B.
In 1958, one Mr. Sadashiv Datar ("Datar") was granted a certificate under Section 88C of the Bombay Tenancy and Agricultural Lands Act, 1948 ("the Act") as a landlord with holdings below economic size
2 MIN READ→
Administrative and Public LawTax Law
State is bound by promissory estoppel to refund local taxes promised in SEZ policy despite unamended municipal rules.
The Petitioner, an approved developer of an IT/ITES Special Economic Zone (SEZ) in Kharadi, Pune, sought a refund of octroi duty amounting to ₹6,69,91,584/- paid to the Pune Municipal Corporation (PMC) between 2005 an...
3 MIN READ→
Criminal Procedure and EvidenceConstitutional Law
Written order under Section 130 BNSS is a mandatory jurisdictional prerequisite for security proceedings under Section 126.
The petitioners filed several Criminal Writ Petitions challenging show-cause notices issued by various Executive Magistrates/SDMs in Goa under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
2 MIN READ→
Criminal Procedure and EvidenceAdministrative and Public Law
Written order under Section 130 BNSS is sine qua non for assuming jurisdiction under Section 126.
The petitioners challenged several show-cause notices issued by various Deputy Collectors and Sub-Divisional Magistrates (SDMs) across Goa under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
3 MIN READ→
Criminal Procedure and EvidenceAdministrative and Public Law
Written order under Section 130 BNSS is a mandatory prerequisite for initiating security proceedings under Section 126.
The Petitioners challenged several show cause notices issued by Executive Magistrates (Deputy Collectors/SDMs) across different jurisdictions in Goa
3 MIN READ→
Criminal Procedure and EvidenceConstitutional Law
Written order under Section 130 BNSS is a jurisdictional prerequisite for initiating proceedings under Section 126.
The Petitioners challenged various show-cause notices issued by Deputy Collectors and Sub-Divisional Magistrates (SDMs) across Goa under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
2 MIN READ→
Criminal Procedure and EvidenceAdministrative and Public Law
Written order under Section 130 BNSS is a mandatory prerequisite for assuming jurisdiction under Section 126.
Several petitioners approached the High Court challenging show-cause notices issued by various Deputy Collectors and Sub-Divisional Magistrates (SDMs) across Goa under Section 126 of the Bharatiya Nagarik Suraksha San...
3 MIN READ→
Constitutional LawAdministrative and Public Law
Delegation of power to fix license fees without statutory limits does not constitute unconstitutional excessive delegation.
The Petitioners, partnership firms and proprietors engaged in the outdoor publicity business, challenged the constitutional validity of Section 479(2) of the Mumbai Municipal Corporation (MMC) Act, 1888
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Prior sanction is mandatory for Section 156(3) CrPC investigation against public servants for official acts.
The Petitioner, an Assistant Commissioner of the Municipal Corporation of Greater Mumbai (MCGM), was named as an accused in Private Complaint No. 75 of 2005 filed by Respondent No. 2.
3 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Inductees in structures on leased open land are mere licensees and must vacate upon lease termination.
The Applicants (landowners) leased an open plot in Bandra to Moogatlal Bhat via three successive indentures (1934, 1949, and 1959).
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Removal for outraging modesty is proportionate for disciplined force personnel despite the absence of a formal victim complaint.
The Petitioner, a Constable in the Railway Protection Force (RPF), challenged his removal from service following a disciplinary inquiry
2 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Valuation reports are inadmissible as substantive evidence in Land Acquisition References unless the authoring expert is examined.
The Claimant’s land, bearing CTS No. 54 (15.5 sq. metres) in Village Hariyali, Mumbai, was acquired under the Land Acquisition Act, 1894, for the construction of a railway overbridge
2 MIN READ→
Civil Procedure and EvidenceProperty and Real Estate Law
Amendment for declaratory relief permitted post-remand to resolve real controversy notwithstanding procedural delays.
The Petitioners (plaintiffs) filed a suit for perpetual injunction against the Respondent (defendant), their real brother, to restrain him from obstructing possession of suit land.
3 MIN READ→
Arbitration and MediationContract Law
Breach of essential terms precludes specific performance notwithstanding a finding of illegal contract termination.
The Petitioner ("Developer") and the Respondent ("Trust") entered into a Memorandum of Understanding (2005) and a Development Agreement (2007) for the redevelopment of a property in Mumbai.
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Accused’s right to default bail is indefeasible upon failure to complete investigation within statutory timelines.
The Appellant, Mr. Seftin Raza Kosambi, a 27-year-old resident of Karnataka currently lodged in judicial custody at Colvale, Goa, filed this criminal appeal against the State of Goa, the Police Inspector of Margao Tow...
2 MIN READ→
Property and Real Estate LawConstitutional Law
Landowners are entitled to rental compensation for land possession taken prior to initiation of formal acquisition proceedings.
The Petitioner owned land in Village Wakad, Pune, which was reserved for an octroi post and a road in the draft development plans of 1997 and 2000
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
Wholly reliable eye-witness testimony corroborated by medical evidence sustains conviction for murder.
The Appellant was convicted by the Additional Sessions Judge, Greater Mumbai, under Section 302 of the Indian Penal Code (IPC) for the murder of Sachin Agale and sentenced to life imprisonment
2 MIN READ→
Property and Real Estate LawConstitutional Law
Landowners are entitled to rental compensation from the date of advance possession until final award payment.
The petitioner owned lands in Village Wakad, Pune, which were reserved for an octroi post in the draft development plans of 1997 and 2000
3 MIN READ→
Civil Procedure and EvidenceContract Law
Res judicata bars re-litigating territorial jurisdiction despite subsequent changes in legal interpretation by a superior court.
The Respondent (original Plaintiff) was a Relationship Manager at HDFC Bank, Nagpur. Following her termination on 28.02.2017, she filed a suit in Nagpur for declaration, restoration of service, and damages
3 MIN READ→
Insolvency and Bankruptcy LawContract Law
IBC moratorium against guarantors does not stay proceedings against a principal borrower not in insolvency.
The Plaintiff, a non-banking financial company, filed a summary suit to recover Rs. 203,66,31,506/- based on term loan facilities extended to Defendant No. 1 (Principal Borrower)
3 MIN READ→
Health and Medical LawAdministrative and Public Law
Customs cannot override FSSAI certification or arbitrarily re-test imported food products cleared for human consumption.
The Petitioner, an importer of food commodities, imported two consignments of "Roasted Areca Nuts" in January 2026
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
Managerial facilitation of sexual services in a spa justifies framing human trafficking and immoral traffic charges.
The Petitioner, Mahendra Salgaonkar, was the owner-cum-manager of "Venus and Mars Salon-Spa-Body Care" in Mapusa, Goa
2 MIN READ→
Civil Procedure and EvidenceAdministrative and Public Law
Internal administrative negligence and officer lapses do not constitute sufficient cause for condoning inordinate delay in filing appeals.
The Municipal Corporation of Greater Mumbai (MCGM) filed a group of 26 Civil Applications seeking to condone delays in filing First Appeals ranging from one to approximately nine years.
3 MIN READ→
Tax LawAdministrative and Public Law
Electricity duty exemption linked to an eligibility certificate extends automatically with the certificate’s formal extension.
The Petitioner, a "Mega Project" under the State’s Package of Incentive Scheme, was issued an Eligibility Certificate (EC) on August 3, 1998, for 14 years (ending August 5, 2012).
3 MIN READ→
Civil Procedure and EvidenceAdministrative and Public Law
Official inaction and internal administrative lapses do not constitute sufficient cause for condonation of excessive delay.
This judgment concerns a group of 26 Civil Applications filed by the Municipal Corporation of Greater Mumbai (MCGM/Appellant) seeking condonation of delay in filing First Appeals.
3 MIN READ→
Civil Procedure and EvidenceAdministrative and Public Law
Administrative lapses and officer negligence do not constitute sufficient cause for condoning gross delay in filing appeals.
The Municipal Corporation of Greater Mumbai (MCGM) filed a group of 26 civil applications seeking to condone delays in filing first appeals ranging from approximately one year to nine years
3 MIN READ→
Civil Procedure and EvidenceAdministrative and Public Law
Subsequent events and internal administrative failures do not constitute sufficient cause for condoning inordinate delay.
The Municipal Corporation of Greater Mumbai (MCGM) filed a group of 26 civil applications seeking condonation of delay in filing first appeals.
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Subsequent life imprisonment runs consecutively to a prior term sentence absent specific judicial direction for concurrency.
The petitioner was first convicted in Sessions Case No. 100/2006 on April 29, 2008, for kidnapping and rape (Sections 363, 376, 506 IPC) and sentenced to seven years of rigorous imprisonment
2 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Section 17A approval is inapplicable to disproportionate assets and excludes mini-trials by competent authorities.
The Petitioner filed a complaint in 2016 alleging that Mr. Prashant Waghmare, the City Engineer of Pune Municipal Corporation (PMC), amassed disproportionate assets (DA) exceeding ₹2000 Crores through illegal construc...
3 MIN READ→
Transport, Maritime, and Aviation LawCivil Procedure and Evidence
Being knocked down at platform edge constitutes a compensable "untoward incident" under the Railways Act.
On January 29, 2012, Balkrishna Bhandari died in a railway accident while traveling from Kalyan to Dombivli
2 MIN READ→
Administrative and Public LawConstitutional Law
Performance license refusal based on speculative public objections violates natural justice and Article 19(1)(g).
The Petitioner, sole proprietor of M/s Hausa Restaurant & Bar in Navi Mumbai, holds valid Eating House and Foreign Liquor (FL-III) licenses.
3 MIN READ→
Civil Procedure and EvidenceContract Law
Rejection of plaint under Order VII Rule 11 does not bar fresh suit on same cause of action.
Respondent No. 1 (Plaintiff) is a partnership firm. Its partner, Prabhudas Patel, originally entered into a Memorandum of Understanding (MoU) dated January 21, 2019, with Respondent No. 2 (Defendant No. 1) to purchase...
3 MIN READ→
Family LawReligious and Personal Law
CARA must issue No Objection Certificates for inter-country HAMA relative adoptions upon verification by the District Magistrate.
The Petitioners (adoptive parents), who are Australian citizens/OCI cardholders of Indian origin, adopted a minor girl (Petitioner No. 3) from a close relative in India on April 21, 2023.
3 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Civil Court has jurisdiction for possession when tenant’s disclaimer of title results in forfeiture of tenancy.
The suit property was originally let by the Respondents’ predecessor to the Appellants’ predecessor.
3 MIN READ→
Property and Real Estate LawAdministrative and Public Law
No additional lease premium is leviable for construction delays caused by pending litigation involving the planning authority.
CIDCO allotted a plot in Kharghar to one Mr. Mapara in 2005, executing a lease agreement in October 2010
3 MIN READ→
Transport, Maritime, and Aviation LawCivil Procedure and Evidence
Claimant’s affidavit discharges initial burden of proving bonafide passenger status despite the absence of a ticket.
The Appellants, being the widow and daughters of the deceased Mohan Sonawane, challenged the order of the Railway Claims Tribunal (“Tribunal”) dated March 5, 2021, which dismissed their claim for compensation.
3 MIN READ→
Administrative and Public LawCivil Procedure and Evidence
Charity Commissioner lacks jurisdiction under the Maharashtra Public Trusts Act to direct a public trust to change its name.
The Petitioner is a public charitable trust registered in 1982 under the Maharashtra Public Trusts Act, 1950 (MPT Act) and the Societies Registration Act, 1860
3 MIN READ→
Arbitration and MediationCommercial and Corporate Law
Suppression of financial records justifies an arbitrator’s best judgment assessment of partnership profits.
The Petitioner (Khan) and Respondent (Alka) were partners in M/s Saras Developers.
3 MIN READ→
Employment and Labour LawSocial Security and Pensions
Reinstatement without back wages implies continuity of service and prohibits recovery from retired subordinate employees.
The Petitioner was appointed as a Driver by the Zilla Parishad, Kolhapur, in 1985
2 MIN READ→
Transport, Maritime, and Aviation LawCivil Procedure and Evidence
Compensation enhancement permitted without cross-appeal; interest on enhanced sums restricted for inordinate claimant delay.
The deceased, Pandurang Gopal Dabhole, died following a motor accident on May 24, 2014, when his motorcycle was hit from behind by an offending Bolero Jeep.
3 MIN READ→
Family LawCivil Procedure and Evidence
Mental cruelty constitutes an independent ground for divorce notwithstanding the withdrawal of concurrent clinical mental disorder allegations.
The parties, both medical professionals, married on March 9, 2019
3 MIN READ→
Arbitration and MediationCivil Procedure and Evidence
Ignoring vital evidence cutting to the root of the matter renders an arbitral award perverse and patently illegal.
The Petitioner (Kantilal), a stockbroker, challenged an appellate arbitral award dated April 8, 2014, which upheld a prior award directing the refund of Rs. 2 crores to Respondent No. 1 (Viveka).
3 MIN READ→
Intellectual Property LawAdministrative and Public Law
Registrar must issue reasoned orders evaluating honest concurrent use claims under Section 12.
The Petitioner applied for the registration of the device mark ‘ENTERO’ under Class 5 on August 18, 2023
3 MIN READ→
Contract LawProperty and Real Estate Law
Long-term possession by a bonafide subsequent purchaser justifies discretionary refusal of specific performance.
The Plaintiff (Kanchan Rohira) entered into a registered agreement for sale dated January 9, 1977, with Defendant No. 1 (Nirman Constructions) to purchase a flat for Rs. 26,000, paying an advance of Rs. 10,500
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Unauthorized absence following a transfer order attracts "no work, no pay," notwithstanding the order's subsequent cancellation.
The Petitioner, an employee of the Air Traffic Control (ATC) under the Airports Authority of India (AAI), was transferred from Mumbai to Bhubaneswar via an order dated 29 March 2016
3 MIN READ→
Criminal Procedure and EvidenceCivil Procedure and Evidence
Proposed accused must be heard in revision against order rejecting Section 156(3) CrPC application.
The Petitioners, a senior citizen and her daughter (a doctor), were named in an application filed by Respondent No. 3 under Section 156(3) of the Code of Criminal Procedure (CrPC) before the Judicial Magistrate First...
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
Termination based on inquiry findings regarding unframed charges violates principles of natural justice.
The litigation involves two separate challenges by a school management ("Petitioners") against orders of the School Tribunal in favor of a teacher ("Respondent No. 1").
3 MIN READ→
Civil Procedure and EvidenceProperty and Real Estate Law
Statutory bar on contesting eviction without rent deposit is inapplicable to setting aside ex-parte decrees for improper service.
The Petitioners (landlords) filed an eviction suit (Rent Case No. 3/2016/F) against the Respondents (tenants) under Section 22 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 ("Rent Co...
3 MIN READ→
Administrative and Public LawConstitutional Law
Section 57 externment necessitates post-conviction similar offences and recorded subjective satisfaction for the maximum duration.
The Petitioner challenged the externment order dated 16.10.2025 passed by the Deputy Commissioner of Police (Respondent No. 2) and the appellate order dated 22.12.2025 passed by the Divisional Commissioner (Respondent...
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
Management is liable for back wages where illegal termination results from its own unfair and biased disciplinary proceedings.
Respondent No. 5 was appointed as a teacher in 1994 and confirmed in 1999
3 MIN READ→
Administrative and Public LawEmployment and Labour Law
Service approvals cannot be revoked for administrative irregularities absent specific findings of fraud or misrepresentation.
The Petitioners are individual teachers and their respective school managements who challenged orders dated January 23, 2026, which cancelled their individual employment approvals and Shalarth-IDs
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Disciplinary authorities cannot initiate de novo inquiries on identical charges by bypassing concluded inquiry reports.
The petitioner, a Water Supply and Sanitation Engineer, was subjected to a departmental inquiry under the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 ("1979 Rules") regarding allegations of miscondu...
3 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Community customary rights are distinct from easements and exist in gross without requiring a dominant tenement.
The Petitioners (original Defendants 1 and 2) challenged a judgment of the District Court, Pune, which affirmed a trial court’s grant of temporary and mandatory injunctions in favor of the Respondents (villagers).
3 MIN READ→
Arbitration and MediationCivil Procedure and Evidence
Denial of Section 29A extension for party's fault terminates proceedings, precluding fresh appointment under Section 11.
The dispute arose from a Deed of Assignment of Development Rights dated December 6, 2010
3 MIN READ→
Administrative and Public LawCivil Procedure and Evidence
Valid statutory residency documents cannot be superseded by hearsay or unverified local inquiry reports.
The Petitioner was appointed as an Anganwadi Sevika at Padoshi village, having ranked first in merit
3 MIN READ→
Administrative and Public LawConstitutional Law
Phonetic variations in caste records cannot override pre-independence documents establishing Scheduled Tribe status.
The Petitioners, who are blood relatives, sought verification of their 'Mannewar' Scheduled Tribe (ST) claims
3 MIN READ→
Administrative and Public LawContract Law
Fair Price Shop Licenses cannot be transferred via partnership deeds or wills executed by living persons.
The Petitioner served as a caretaker for Respondent No. 5 (R5), the holder of Fair Price Shop License (FPSL) No. 74
3 MIN READ→
Administrative and Public LawConstitutional Law
Phonetic variations in caste records cannot override pre-independence documents establishing Scheduled Tribe status.
The Petitioners, who are blood relatives, sought verification of their 'Mannewar' Scheduled Tribe (ST) claims
3 MIN READ→
Arbitration and MediationProperty and Real Estate Law
Post-notification sale deeds are admissible for determining market value if proximate in time, genuine, and bona fide.
The National Highways Authority of India (NHAI) initiated acquisition proceedings for widening National Highway No. 6.
3 MIN READ→
Contract LawProperty and Real Estate Law
Non-deposit of balance consideration does not preclude specific performance if readiness and willingness are established.
The original Plaintiff and Defendant were neighbors in a Wadala housing society
3 MIN READ→
Tax LawConstitutional Law
Writ jurisdiction arises where tax demand consequences are felt; recovery without underlying orders is unsustainable.
The Petitioner, a company with its registered office in Pune, is the successor-in-interest to an erstwhile entity, Flextronics Software Systems Limited, following a series of amalgamations.
3 MIN READ→