Election LawConstitutional Law
Gram Rojgar Sevak post is not an office of profit disqualifying members under the Maharashtra Village Panchayat Act.
The Petitioner was an elected member of the Gram Panchayat, Devegaon, Parbhani
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BHCMONTHLY CASE LAW ARCHIVE
Bombay High Court Judgments in March 2026: Case Law Digest
Read 216 LawLens analyses of Bombay High Court judgments published in March 2026, covering key rulings, legal principles and case law.
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March 2026 Judgments
216 ARTICLES · NEWEST FIRST
Civil Procedure and EvidenceProperty and Real Estate Law
Suppression of material facts disentitles a litigant from seeking equitable relief against the execution of a valid decree.
The dispute concerns the execution of an eviction decree involving a leasehold property owned by CIDCO.
3 MIN READ→
Administrative and Public LawCivil Procedure and Evidence
Penalty for illegal excavation unsustainable based on mere presence of machinery without proof of actual excavation.
The Petitioner, a 75-year-old farmer, owns agricultural land in Gat No. 208, Ahmedpur
2 MIN READ→
Arbitration and MediationContract Law
FSI purchase costs are restorable benefits under Section 64, distinct from contractually prohibited damages or compensation.
The Respondent-Society entered into a Development Agreement (DA) and Power of Attorney (POA) with the Petitioner-Developer in September 2007 for the redevelopment of its property involving 60 members
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
Recovery of stolen property alone cannot sustain a murder conviction absent a complete chain of circumstantial evidence.
On May 27, 2010, a missing complaint was filed regarding 18-year-old Amol Gade.
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Higher qualifications do not confer eligibility for a post requiring specific qualifications unless recruitment rules expressly recognize equivalence.
The Respondent No. 4 (Zilla Parishad, Nagpur) issued Advertisement No. 01 of 2023 for the direct recruitment of Group C posts, including 308 vacancies for the post of "Health Worker (Female)" (Aarogya Paricharika).
2 MIN READ→
Civil Procedure and EvidenceCommercial and Corporate Law
Fact-finding committees cannot substitute full trials in commercial suits where fraud allegations and liabilities are contested.
The Plaintiff (NSEL) filed a suit to recover approximately Rs. 937 crores from Defendant No. 1 (a trading-cum-clearing member) and other defendants described as promoters, directors, and related entities
3 MIN READ→
Election LawCivil Procedure and Evidence
Election petition lacking concise statement of material facts is liable for rejection for non-disclosure of cause of action.
The Petitioner, a runner-up in the 2024 Maharashtra Legislative Assembly elections from the 129-Vikramgad (S.T.) constituency, challenged the election of the Respondent No. 1 (the returned candidate).
3 MIN READ→
Tax LawAdministrative and Public Law
Rejection of Nil-TDS certificate is justified if previous adverse assessments on identical issues are pending appellate adjudication.
The Petitioner, a Chinese tax resident and regional headquarters for the Benteler Group, entered into a Service Agreement with its Indian subsidiary, Benteler India Private Limited
3 MIN READ→
Arbitration and MediationConstitutional Law
Lok Adalat compromise decrees obtained by fraud are liable to be quashed under writ jurisdiction.
The petitioners (legal heirs of the original defendant No. 1, Gangaram) challenged a compromise decree passed by a Lok Adalat on February 13, 2016, in R.C.S. No. 47 of 2016
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Education LawEmployment and Labour Law
Headmasters take precedence over Grade-1 Teachers for promotion to Principal as the next below category.
The Petitioner, a Teacher Grade-1 at Shree Ganesh Higher Secondary School (Respondent No. 5), challenged the Departmental Promotion Committee (DPC) recommendations dated 25.11.2024 and the subsequent promotion of Resp...
3 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Revised development plan sanctioned before expiry of statutory notice period prevents deemed lapsing of reservation.
The Petitioner owns 18 acres of land in Phaltan, Satara.
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Acquittal in a criminal trial does not automatically entitle a suspended employee to full back wages.
The Petitioner, a Medical Officer with the Municipal Corporation of Greater Mumbai (MCGM), was arrested by the Anti-Corruption Bureau (ACB) on November 20, 1986, for allegedly accepting a bribe
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Employment and Labour LawAdministrative and Public Law
Comparative assessment for promotion requires one-level ACR upgradation for officers shouldering higher responsibilities.
The Petitioner was appointed as General Manager (HR) [GM] in 2014 through an In-Basket Selection Process (IBSP).
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Employment and Labour LawCivil Procedure and Evidence
Dismissal based solely on media reports without independent verification or departmental inquiry is legally unsustainable.
The respondent, a driver with the petitioner (MSRTC), was involved in a road accident on 31.07.2019 while driving a corporation bus
2 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Mamlatdar lacks jurisdiction to issue directions against third parties not joined or heard in the original proceedings.
Respondent No. 4 initiated Rasta Case No. 54 of 2020 before the Tahsildar, Parner, under Section 5 of the Mamlatdar’s Courts Act, 1906, alleging that the Petitioners obstructed his access (Vahivat rasta) to Gut No. 1327
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Social Security and PensionsEmployment and Labour Law
Disability pension must correspond to the disability percentage used to justify medical invalidation discharge.
The Petitioner was appointed as a Navik in the Indian Coast Guard in 1992
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Administrative and Public LawTransport, Maritime, and Aviation Law
Master mariners are entitled to statutory remedies as seamen for recovery of contractual death compensation.
The Petitioner is an Indian recruitment and placement service provider for foreign ships
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Employment and Labour LawAdministrative and Public Law
Disciplinary Authority must furnish inquiry report for representation before concluding guilt or forming an opinion on punishment.
The Petitioner, an Assistant Security Officer at the Mumbai Port Trust (MbPT), was served a charge sheet on July 3, 2004, containing eight Articles of misconduct, including unauthorized absence, failure to report raid...
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Arbitration and MediationAdministrative and Public Law
Writ jurisdiction is unavailable for contractual disputes involving contested facts and an alternative arbitration remedy.
The Petitioner, a registered partnership firm, was awarded a contract by the Respondent Railway authorities for bridge and drain construction in the Ahmednagar–Beed–Parli Vaidyanath project via a Letter of Acceptance...
3 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Landlady’s brother is a "family member" under Section 4(1)(a), precluding claim to deemed tenancy.
The dispute concerns agricultural lands in Pune, originally owned by Shankar Kisangir Gosavi.
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Criminal Procedure and EvidenceConstitutional Law
Order rejecting Section 156(3) application is a revisable final order, precluding invocation of extraordinary writ jurisdiction.
The Petitioner, Kotak Mahindra Bank Ltd., filed an application under Section 156(3) of the Criminal Procedure Code (CrPC) [now Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS)] before the Judicial Magis...
3 MIN READ→
Administrative and Public LawEmployment and Labour Law
Non-compliance with judicial orders for gratuity payment warrants disciplinary action against officials under the Official Duties Act.
The Petitioners, former employees of Respondent No. 3 (a Municipal Corporation), retired between 2004 and 2018.
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Criminal LawInsolvency and Bankruptcy Law
NCLT sanctioned schemes cannot override subsisting attachment orders or dilute pending criminal prosecution.
The Appellant (63 Moons) challenged an order dated September 17, 2019, passed by the Appellate Tribunal for PMLA, which directed the Appellant to furnish an indemnity bond of ₹1095,27,17,055/- and an undertaking to de...
2 MIN READ→
Criminal LawInsolvency and Bankruptcy Law
Civil settlements and asset disbursement to victims do not terminate or dilute independent criminal prosecution.
The Appellant challenged an order dated 17th September 2019 passed by the Appellate Tribunal (PMLA), which directed the Appellant to furnish an indemnity bond for Rs. 1095,27,17,055/- and an undertaking to deposit sai...
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Employment and Labour LawHuman Rights Law
Shifting disabled employees under PWD Act cannot disturb the seniority of existing employees in the new cadre.
The petitioner was appointed as a ‘Lab Technician’ by Zilla Parishad, Yavatmal, in 2002.
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Social Security and PensionsEmployment and Labour Law
Pre-regularization daily wage service qualifies for pension under the Old Pension Scheme upon subsequent employee regularization.
Respondents were appointed as daily wagers in the Garden and Water Departments of the Nagpur Municipal Corporation (NMC) between 1991 and 1996
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Educational qualifications for promotion are not mandatory for financial upgradation under time-bound career progression schemes.
The Petitioners (Thane Municipal Transport Undertaking) challenged a judgment dated September 27, 2017, by the Industrial Court, Thane, which directed them to extend promotional pay scale benefits to the Respondents (...
2 MIN READ→
Employment and Labour LawConstitutional Law
Unilateral refusal remarks on transfer orders without independent proof of service constitute illegal termination.
The Petitioner joined the Respondent-company as a Premix Assistant in 2005
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Civil Procedure and EvidenceProperty and Real Estate Law
Liberty to file fresh suit on same cause of action prohibits additional reliefs omitted without specific leave.
The dispute concerns 32 plots in Latur. A development agreement was executed in 2014, which later transitioned into a registered sale deed on 27.11.2017 for a consideration of Rs. 17 crores.
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Criminal Procedure and EvidenceCriminal Law
Unsigned Section 164 confessions and electronic evidence lacking Section 65-B certification cannot sustain a criminal conviction.
The victim, a female child aged 22 months, went missing from her home in Thane on 20.08.2013
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Intellectual Property LawAdministrative and Public Law
Patent rejection orders must be reasoned, speaking, and confined to grounds raised in the hearing notice.
The Petitioner filed Patent Application No. 202221047021 for an invention titled "A Syringe With Breakable Plunger," designed to prevent the reuse of syringes
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Civil Procedure and EvidenceProperty and Real Estate Law
Court Commissioner cannot be appointed before evidence where the dispute involves land status rather than boundary demarcation.
The Petitioner filed a suit (Regular Civil Suit No. 23 of 2023) for a mandatory injunction seeking the removal of alleged illegal construction and encroachment by Respondent No. 1 on 15 R of land in Gut No. 89/1 at Vi...
3 MIN READ→
Administrative and Public LawEmployment and Labour Law
Preponderance of probability, not proof beyond reasonable doubt, governs establishment of COVID-19 death for compensation.
The Petitioner’s father, a Bus Conductor with the Respondent No. 1 (BEST), performed duties during the Covid-19 pandemic
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Civil Procedure and EvidenceContract Law
Leave for additional written statement cannot be granted to withdraw categorical admissions made in original pleadings.
The Petitioner-Defendants (licensor) and Respondent-Plaintiff (licensee) entered into a Leave and Licence Agreement for premises in Bandra Kurla Complex.
3 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Membership cannot be compelled for non-existent flats in refuge areas, violating statutory limits on society membership.
The Petitioners are four Co-operative Housing Societies managing a residential complex in Mumbai
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Transport, Maritime, and Aviation LawCivil Law
De-boarding a non-halting moving train is an ‘untoward incident’, not a ‘self-inflicted injury’ under Section 124A.
The Appellant, a bona fide passenger, was traveling from Manmad to Jalgaon via the Guwahati Express
2 MIN READ→
Administrative and Public LawContract Law
Lowest bidder acquires no vested right to contract award without fulfilling essential eligibility conditions.
The Petitioners, a co-operative society and its Chairman, challenged a work order dated 29.07.2025 issued to Respondent No. 7 for the supply and installation of a gas-fired pet incinerator.
3 MIN READ→
Criminal Procedure and EvidenceConstitutional Law
Life convicts are entitled to mandatory pre-conviction set-off under Section 428 Cr.P.C. notwithstanding trial court omission.
The Petitioner was convicted by the Additional Sessions Judge, Osmanabad, on 15/02/2012 for offences under Sections 302 and 323 of the IPC and sentenced to life imprisonment
3 MIN READ→
Arbitration and MediationCivil Procedure and Evidence
Unconditional stay of arbitral money awards requires an exceptional case of patent illegality, perversity, or facial untenability.
The Respondent No. 3 (Trust) owned a large land parcel in Pune and entered into a development agreement with Respondent No. 1 in 1980
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Recovery under Section 8-F of EPF Act requires reasonable notice and compliance with natural justice.
The Respondent No. 1 (Assistant PF Commissioner) determined a provident fund liability of ₹8,52,33,497 against the Petitioner for the period 2011–2016 via an order dated May 4, 2017, under Section 7-A of the Employees...
3 MIN READ→
Administrative and Public LawSocial Security and Pensions
Cut-off dates for COVID-19 ex-gratia benefits are not sacrosanct if infection occurred during the scheme's subsistence.
The Petitioners are the legal heirs of Santosh Vishnu Shinde, who served as a Junior Clerk at the Civil Court, Chiplun.
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Uncommunicated ACR gradings below the promotional benchmark are arbitrary and violate Article 14.
The Petitioner, a Chief Medical Officer (CMO) in the CRPF, challenged the rejection of her grant of Non-Functional Selection Grade (NFSG) vide orders dated 26.07.2004 and 26.05.2005.
3 MIN READ→
Employment and Labour LawConstitutional Law
Absorbed employees performing similar duties are entitled to pay parity regardless of initial appointment procedures.
The 28 Petitioners were originally employees of various Gram Panchayats and Municipal Councils that merged to form the Vasai-Virar City Municipal Corporation ("Municipal Corporation") on July 3, 2009
2 MIN READ→
Arbitration and MediationProperty and Real Estate Law
Section 29A time limits are inapplicable to statutory arbitrations conducted under the National Highways Act.
The Central Government issued notifications in 2015 and 2016 to acquire land in Village Gandheli for widening National Highway No. 211
3 MIN READ→
Transport, Maritime, and Aviation LawCivil Procedure and Evidence
Absence of evidence proving trespassing necessitates treating a bonafide passenger's death on tracks as an untoward incident.
The appellants are the dependents (widow, daughter, and parents) of the deceased, Valentine D’Souza.
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Arbitration and MediationCivil Procedure and Evidence
Proof of membership is a jurisdictional prerequisite for arbitration under the Multi-State Cooperative Societies Act.
The Appellant society initiated arbitration proceedings against Respondent Nos. 1 and 2 (borrowers) and Nos. 3 to 5 (guarantors) for the recovery of Rs. 1,29,34,497/- under Section 84 of the Multi-State Cooperative So...
3 MIN READ→
Tax LawAdministrative and Public Law
Registration under Section 12AB cannot be denied for lack of explicit irrevocability or dissolution clauses.
The Petitioners, comprising tax practitioner associations and various public charitable trusts registered under the Maharashtra Public Trusts Act, 1950 ("MPT Act"), challenged the rejection of their applications for r...
3 MIN READ→
Criminal LawAdministrative and Public Law
Conviction under PITA Act is not a prerequisite for premises closure ordered under Section 18(1).
The Petitioners, owners of Hotel Shirdi Sai Inn, challenged an order dated 21.07.2025 passed by the Sub-Divisional Magistrate (SDM), Shirdi, directing their eviction and the closure of the hotel for one year.
3 MIN READ→
Civil Procedure and EvidenceProperty and Real Estate Law
Unsubstantiated claims and vague allegations of negligence fail to establish sufficient cause for condoning delay.
The applicant sought condonation of a 1,938-day delay (over six years) in filing a first appeal against a City Civil Court Mumbai order dated 27 July 2016.
2 MIN READ→
Transport, Maritime, and Aviation LawCivil Procedure and Evidence
Co-passenger testimony establishes bonafide passenger status and untoward incident over speculative railway reports.
The deceased, Suvidh Bharat Raut, died on March 29, 2012, after falling from a running train between Ulhasnagar and Ambernath Railway Stations
2 MIN READ→
Commercial and Corporate LawAdministrative and Public Law
Spouses under Goa’s communion of assets regime can validly enter into partnership contracts.
The Petitioners, a husband and wife married under the Civil Code of Goa (regime of communion of assets), sought to register a reconstituted partnership firm.
2 MIN READ→
Transport, Maritime, and Aviation LawCivil Procedure and Evidence
Tribunal cannot presume trespassing based solely on injury nature to deny compensation for untoward incidents.
The Appellant’s mother, a housemaid, was traveling from Nallasopara to Santacruz on December 28, 2010, with a valid season pass.
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Property and Real Estate LawCivil Procedure and Evidence
Landowner granting limited development rights is not a MOFA ‘promoter’; reserved FSI belongs exclusively to owner.
The Appellant ("Owner") owns a large land parcel in Borivali, Mumbai
3 MIN READ→
Environmental LawAdministrative and Public Law
Transit of forest-produce after expiry of transit pass justifies confiscation of the produce and vehicle.
The Petitioners were transporting 14,204 Kgs of red sanders logs from Bangalore, Karnataka, to Virar, Maharashtra, in a vehicle (MH-46-AF-6741)
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Tax LawAdministrative and Public Law
Omission of mandatory pre-show cause notice consultation for demands exceeding fifty lakhs vitiates the notice.
The Petitioner operates two non-air-conditioned rooftop restaurants in Mumbai
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Arbitration and MediationCivil Procedure and Evidence
Tribunal may treat statement of defence as counterclaim to award compensation, prioritizing substance over procedural form.
The Respondent (investor) opened a trading account with the Petitioner (stockbroker) and purchased shares under a Margin Trading Facility (MTF)
3 MIN READ→
Civil Procedure and EvidenceProperty and Real Estate Law
Courts possess inherent power under Section 151 CPC to dismiss suits rendered infructuous by supervening events.
The Respondent (original Plaintiff) was a lessee of two large tracts of salt lands in Village Kanjur, Mumbai, under two indentures of lease for 99 years commencing on 15 October 1917 and ending on 14 October 2016
3 MIN READ→
Banking and Finance LawConstitutional Law
Section 45 amalgamation schemes override other laws and are subject to limited judicial review.
The Punjab and Maharashtra Co-operative Bank Ltd. (PMC Bank), a Multi-State Scheduled Urban Co-operative Bank, collapsed in September 2019 following the discovery of a major financial fraud involving the HDIL Group
3 MIN READ→
Constitutional LawAdministrative and Public Law
Selection criteria cannot be altered by applying weightage not specified in the advertisement after the recruitment process commences.
Respondent No. 2 (MAHAGENCO) issued Advertisement No. 01/2023 for the post of Junior Officer (Security).
3 MIN READ→
Administrative and Public LawCivil Procedure and Evidence
Statutory notice under Section 527 MMC Act is a mandatory condition precedent for maintainability of suits against the Municipal Corporation.
The original Plaintiff (Abdul Wahid Ismail) occupied business premises at Chimna Butcher Street, Mumbai (the "suit premises").
3 MIN READ→
Wills, Inheritance, and TrustsCivil Procedure and Evidence
A challenge to the testator's title does not confer caveatable interest for revocation of probate.
The testator, Rajeshwari Nagarkar, executed a Will on August 23, 2005, bequeathing certain properties in Satara to her son-in-law (the Applicant) and others to her children
3 MIN READ→
Intellectual Property LawCivil Procedure and Evidence
Licensing a mark estops a party from asserting descriptiveness; de minimis trade dress modifications cannot remedy confusion.
The Appellant (Original Plaintiff) conceptualized and commercially introduced the trademark “GERMINATOR” in 1981 for agricultural formulations
3 MIN READ→
Education LawConstitutional Law
RTE admission cannot be claimed multiple times for the same child to change schools.
The petitioner's son was granted admission to First Standard under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) 25% reservation quota for the academic year 2024–2025.
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
FIR Quashed for Lack of Caste-Based Humiliation and Ulterior Motive.
The Petitioner, Virendranath B. Tiwari, filed a petition under Article 226 of the Constitution of India and Section 482 of CrPC seeking to quash FIR No. 121 of 2010 registered at Azad Maidan Police Station and the sub...
4 MIN READ→
Administrative and Public LawCivil Procedure and Evidence
Writ court cannot re-appreciate fact-finding on slum demarcation and traditional rights.
The petitioners, Danda Koli Masemari Vyavasayik Sahakari Sanstha Maryadit and Danda Koli Samaj, are registered societies representing the traditional fishing community of Khar Danda Koliwada, Mumbai.
6 MIN READ→
Criminal LawCriminal Procedure and Evidence
Evidence of chance witnesses, if reliable and probable, cannot be discarded.
The deceased, Kishor Madanlal Khatri, engaged in property and real estate business, had business dealings with various builders, including Accused No.2 – Ranjitsingh Chungde.
4 MIN READ→
Constitutional LawAdministrative and Public Law
State cannot arbitrarily exclude recognized sports for reservation benefits, violating Article 14.
The petitioner, a student pursuing a Master in Arts, sought to quash a communication dated October 24, 2019, and a Government Resolution (G.R.) dated July 1, 2016, along with a letter dated March 21, 2023.
3 MIN READ→
Civil Procedure and EvidenceContract Law
DELAY CONDONATION REFUSED ABSENT SUFFICIENT CAUSE, DESPITE MEDICAL OR PANDEMIC CLAIMS.
The appellant filed a first appeal seeking condonation of a delay of 3 years and 60 days in challenging a decree, judgment, and order dated January 8, 2018, passed by the City Civil Court, Mumbai, in Summary Suit No....
3 MIN READ→
Administrative and Public LawCivil Procedure and Evidence
Condonation of inordinate unexplained delay violates natural justice and substantive law of limitation.
Nirlon Limited, the Petitioner, acquired several land parcels in Village Pahadi and Village Goregaon through a Sanad document/Agreement dated August 18, 1962, and a registered indenture dated September 22, 1964, from...
5 MIN READ→
Arbitration and MediationCivil Procedure and Evidence
Non-signatory bound by arbitration where actively involved and transaction composite.
Jupicos Entertainment Private Limited (Applicant) sought arbitration against Probability Sports (India) Private Limited (Respondent No.1) and Mumbai Cricket Association (MCA, Respondent No.2) due to disputes regarding...
5 MIN READ→
Arbitration and MediationProperty and Real Estate Law
Arbitrator's land valuation for commercial use upheld; enhanced easementary rights justified by remaining land.
The National Highways Authority of India (NHAI) acquired 2542 Sq. Mtrs. of land from Gat No. 213 in Pimpri Sekam, Taluka Bhusawal, District Jalgaon, for highway expansion.
4 MIN READ→
Constitutional LawAdministrative and Public Law
Permission cancellation for religious event based on FIR for "Black Magic Act" violation quashed.
The Petitioner, Hope of Glory Ministry Trust, organized an event called "Maharashtra Prayer Festival, 2026" from March 13, 2026, to March 15, 2026
4 MIN READ→
![Life imprisonment runs for natural life; additional fixed-term sentences cannot run consecutively to a life term.. Ronald James Alvares v. State of Maharashtra & Ors. [2026:BHC-KOL:1753-DB]. Bombay High Court. LawLens](/stories/thumbnails/life-imprisonment-runs-for-natural-life-additional-fixed-term-sentences-cannot-run-consecu-abe002e18c664816847e39834f039a56.webp)
Criminal LawCriminal Procedure and Evidence
Life imprisonment runs for natural life; additional fixed-term sentences cannot run consecutively to a life term.
The Petitioner was convicted in 1992 for the murder of three family members and the gang rape of a woman
2 MIN READ→
![Interim Moratorium under IBC Section 96 does not stay attachment proceedings under the MPID Act.. M/s. Dulisons Cereals v. The State of Maharashtra & Anr. [Criminal Appeal No. 5 of 2024]. Bombay High Court. LawLens](/stories/thumbnails/interim-moratorium-under-ibc-section-96-does-not-stay-attachment-proceedings-under-the-mpi-c5e64fcb57a546c1bc31ec3071119beb.webp)
Insolvency and Bankruptcy LawCriminal Law
Interim Moratorium under IBC Section 96 does not stay attachment proceedings under the MPID Act.
The Appellant, a proprietary concern of Smt. Kanta Gupta, is an accused in a case involving the National Spot Exchange Ltd. (NSEL) scam.
2 MIN READ→
![Active involvement in infrastructure design and execution with financial risk qualifies as a developer under Section 80-IA.. The Commissioner of Income Tax Central-II v. M/s. Patel Engg. Ltd. [ITXA No. 1146 of 2004 with ITXA No. 934 of 2008]. Bombay High Court. LawLens](/stories/thumbnails/active-involvement-in-infrastructure-design-and-execution-with-financial-risk-qualifies-as-b22dc4993e5c444aba338f2c19c69ecd.webp)
Tax LawConstruction Law
Active involvement in infrastructure design and execution with financial risk qualifies as a developer under Section 80-IA.
The Respondent-Assessee, a company engaged in civil engineering, was awarded contracts by the State Governments of Maharashtra and Andhra Pradesh for the Koyna and Srisailam Projects, respectively.
2 MIN READ→
![A contractor undertaking financial and entrepreneurial risk qualifies as a "developer" eligible for Section 80-IA(4) deductions.. The Commissioner of Income Tax Central-II v. M/s. Patel Engg. Ltd. [ITXA No. 1146 of 2004 with ITXA No. 934 of 2008]. Bombay High Court. LawLens](/stories/thumbnails/a-contractor-undertaking-financial-and-entrepreneurial-risk-qualifies-as-a-developer-eligi-0f6c155da2124e5f99b885731a948971.webp)
Tax LawContract Law
A contractor undertaking financial and entrepreneurial risk qualifies as a "developer" eligible for Section 80-IA(4) deductions.
The Respondent-Assessee, a civil engineering company, claimed deductions under Section 80-IA(4) of the Income Tax Act, 1961, for Assessment Years 2000-01 and 2001-2002.
3 MIN READ→
![Temporary employees are entitled to minimum pay scales of corresponding regular posts but not permanency.. University of Mumbai and Others v. Amit S. Bagul & Others [2026:BHC-OS:6574]. Bombay High Court. LawLens](/stories/thumbnails/temporary-employees-are-entitled-to-minimum-pay-scales-of-corresponding-regular-posts-but--f419b8548e784957abe2cbf109ee5de6.webp)
Employment and Labour LawCivil Procedure and Evidence
Temporary employees are entitled to minimum pay scales of corresponding regular posts but not permanency.
The Respondents were engaged by the Petitioner-University as temporary employees in various non-teaching posts (Peons, Clerks, etc.) for several years
3 MIN READ→
![### Reinstated Temporary Employees Entitled to Minimum of Regular Pay Scale but Not Full Backwages Without Evidence of Non-Gainful Employment. University of Mumbai and Others v. Amit S. Bagul & Others [2026:BHC-OS:6573]. Bombay High Court. LawLens](/stories/thumbnails/reinstated-temporary-employees-entitled-to-minimum-of-regular-pay-scale-but-not-full-backw-cb77463c75134c7d9e6c8078774900b3.webp)
Employment and Labour LawCivil Procedure and Evidence
### Reinstated Temporary Employees Entitled to Minimum of Regular Pay Scale but Not Full Backwages Without Evidence of Non-Gainful Employment
The 64 Respondents were engaged by the Petitioner-University on various temporary posts (Peons, Clerks, Scientific Assistants, etc.) for varying periods, some exceeding 14 years.
3 MIN READ→
![Video evidence and dying declarations corroborated by eyewitness testimony sustain convictions for murder and attempted murder.. Balaji S/o Kashinath Kawadkar v. The State of Maharashtra (Criminal Appeal No. 166 of 2020) with Chandrabhan S/o Kashinath Kawadkar v. The State of Maharashtra (Criminal Appeal No. 387 of 2020). [2026:BHC-NAG:4244-DB]. Bombay High Court. LawLens](/stories/thumbnails/video-evidence-and-dying-declarations-corroborated-by-eyewitness-testimony-sustain-convict-02ce315ae3b24a19971da929ecddbc3f.webp)
Criminal LawCriminal Procedure and Evidence
Video evidence and dying declarations corroborated by eyewitness testimony sustain convictions for murder and attempted murder.
On January 21, 2018, Vaibhav Kawadkar (PW-5), accompanied by his friends Amol Atalkar (deceased) and Tilak @ Ilu Hate (PW-2), visited Mohgaon Bhadade to discuss a field property dispute with his uncles, Balaji and Cha...
2 MIN READ→
![Video evidence and dying declarations corroborated by eyewitness testimony sustain convictions for murder and attempted murder.. Balaji S/o Kashinath Kawadkar v. The State of Maharashtra [2026:BHC-NAG:4244-DB]. Bombay High Court. LawLens](/stories/thumbnails/video-evidence-and-dying-declarations-corroborated-by-eyewitness-testimony-sustain-convict-7c603b1d6a794572b310bd8719ea4547.webp)
Criminal LawCriminal Procedure and Evidence
Video evidence and dying declarations corroborated by eyewitness testimony sustain convictions for murder and attempted murder.
The Appellants (uncles of the victim) were convicted by the Additional Sessions Judge-9, Nagpur, for the murder of Amol Atalkar and the attempted murder of Vaibhav Kawadkar following a property dispute on January 21,...
2 MIN READ→
![Prosecution must provide positive evidence of exclusive possession or conscious cultivation to sustain a conviction under Section 20 of the NDPS Act.. Subhash Mahadu Mahajan v. State of Maharashtra [2026:BHC-AUG:10838]. Bombay High Court. LawLens](/stories/thumbnails/prosecution-must-provide-positive-evidence-of-exclusive-possession-or-conscious-cultivatio-7eae1cfbb1fe42149069d3624e13ffd5.webp)
Criminal LawCriminal Procedure and Evidence
Prosecution must provide positive evidence of exclusive possession or conscious cultivation to sustain a conviction under Section 20 of the NDPS Act.
The appellant was convicted by the Additional Sessions Judge-2, Aurangabad, in Special Case No. 386/2022 for the cultivation of Cannabis plants on Gut No. 29
3 MIN READ→
![Prosecution must prove exclusive possession or active cultivation to sustain conviction for cannabis cultivation under NDPS Act.. Subhash Mahadu Mahajan v. State of Maharashtra [2026:BHC-AUG:10837]. Bombay High Court. LawLens](/stories/thumbnails/prosecution-must-prove-exclusive-possession-or-active-cultivation-to-sustain-conviction-fo-c54e788a3da843e3b04bdac119bd48c9.webp)
Criminal LawCriminal Procedure and Evidence
Prosecution must prove exclusive possession or active cultivation to sustain conviction for cannabis cultivation under NDPS Act.
The appellant was convicted by the Additional Sessions Judge-2, Aurangabad, in Special Case No. 386/2022 for allegedly cultivating 62.190 kg of cannabis plants on Gut No. 29 in Jarandi village
2 MIN READ→
![Based on the provided document, which is a skeletal framework of a judgment containing citations and page markers but lacking the substantive text of the ruling, it is not possible to extract a specific legal principle. However, based on the citations provided in the footnotes (specifically (2022) 17 SCC 154 and (1996) 4 SCC 699), which relate to the law of land acquisition and compensation, the headline would be: Market value for land acquisition must be determined based on comparable sales and potential for development.. Unknown vs Unknown [Writ Petition No. 586/2023]. Bombay High Court. LawLens](/stories/thumbnails/based-on-the-provided-document-which-is-a-skeletal-framework-of-a-judgment-containing-cita-fa51bcf647034dd2b91ed8c06609e1bf.webp)
Administrative and Public LawConstitutional Law
Based on the provided document, which is a skeletal framework of a judgment containing citations and page markers but lacking the substantive text of the ruling, it is not possible to extract a specific legal principle. However, based on the citations provided in the footnotes (specifically (2022) 17 SCC 154 and (1996) 4 SCC 699), which relate to the law of land acquisition and compensation, the headline would be: Market value for land acquisition must be determined based on comparable sales and potential for development.
The matter involves a Writ Petition filed in 2023 before the High Court of Bombay at Goa.
2 MIN READ→
![Failure to Prove Date of Obstruction and Non-Compliance With Procedure Vitiates Order Under Mamlatdar’s Courts Act.. Ramesh Rangnath Kedare & Anr. v. The State of Maharashtra & Ors. [2026:BHC-AUG:10679]. Bombay High Court. LawLens](/stories/thumbnails/failure-to-prove-date-of-obstruction-and-non-compliance-with-procedure-vitiates-order-unde-912df98f74b24213b13a7029b402f06a.webp)
Property and Real Estate LawAdministrative and Public Law
Failure to Prove Date of Obstruction and Non-Compliance With Procedure Vitiates Order Under Mamlatdar’s Courts Act.
The petitioners own land in Gut Nos. 166 and 168 at Adgaon Khurd, Chhatrapati Sambhajinagar
2 MIN READ→
![Prima facie involvement in organized human trafficking for forced illegal online activities precludes the grant of bail.. Jerry Philips Jacob v. National Investigation Agency & Anr. [Criminal Appeal No. 558 of 2025]. Bombay High Court. LawLens](/stories/thumbnails/prima-facie-involvement-in-organized-human-trafficking-for-forced-illegal-online-activitie-1066a31c2e904d87bbf6660f5bb3e87a.webp)
Criminal LawCriminal Procedure and Evidence
Prima facie involvement in organized human trafficking for forced illegal online activities precludes the grant of bail.
The Appellant (Accused No. 1) was arrested on March 25, 2024, following an FIR lodged by Siddharth Yadav.
2 MIN READ→
![Prima facie involvement in organized human trafficking for forced cyber-fraud activities warrants denial of bail under the IPC.. Jerry Philips Jacob v. National Investigation Agency & Anr. [CRIMINAL APPEAL NO. 558 OF 2025]. Bombay High Court. LawLens](/stories/thumbnails/prima-facie-involvement-in-organized-human-trafficking-for-forced-cyber-fraud-activities-w-407b91cf8bc14faaa52397aafaa2fb8d.webp)
Criminal LawCriminal Procedure and Evidence
Prima facie involvement in organized human trafficking for forced cyber-fraud activities warrants denial of bail under the IPC.
The Appellant, Jerry Philips Jacob, allegedly operated an illegal recruitment agency that trafficked Indian youths to Southeast Asian countries (Thailand, Laos, etc.) under the guise of providing lucrative employment...
2 MIN READ→
![Refund adjustment under Section 50 MVAT Act cannot be made against dues settled under the Settlement Act.. President Trade And Exim Corporation v. The State of Maharashtra & Ors. [2026:BHC-OS:6381-DB]. Bombay High Court. LawLens](/stories/thumbnails/refund-adjustment-under-section-50-mvat-act-cannot-be-made-against-dues-settled-under-the--8632dece93e24c97a25b2610c62e17a7.webp)
Tax LawAdministrative and Public Law
Refund adjustment under Section 50 MVAT Act cannot be made against dues settled under the Settlement Act.
The Petitioner, a dealer in paper products, was subjected to investigation for tax periods 2007–08, 2008–09, and 2009–10.
3 MIN READ→
![Abuse within a private cattle shed in the presence of only relatives lacks the "public view" required for SC/ST Act offenses.. Shailendra Bankebihari Singh v. The State of Maharashtra & Anr. [Writ Petition No. 1356 of 2023]. Bombay High Court. LawLens](/stories/thumbnails/abuse-within-a-private-cattle-shed-in-the-presence-of-only-relatives-lacks-the-public-view-0a79c59c1453439495a681105aa3892f.webp)
Criminal Procedure and EvidenceCriminal Law
Abuse within a private cattle shed in the presence of only relatives lacks the "public view" required for SC/ST Act offenses.
The Petitioner, who purchased agricultural land in 2015, had a history of disputes with the local Katkari community (Scheduled Tribe) regarding land boundaries and access to a water hand pump.
2 MIN READ→
![Administrative Delay in Updating Shalarth ID for Approved Teachers Violates Right to Salary and Dignity. Vijay S/o. Uttam Chavhan v. The State of Maharashtra & Others [2026:BHC-AUG:10507-DB]. Bombay High Court. LawLens](/stories/thumbnails/administrative-delay-in-updating-shalarth-id-for-approved-teachers-violates-right-to-salar-dd5b519a602b48b88613fc6f0d7b2dd1.webp)
Administrative and Public LawEducation Law
Administrative Delay in Updating Shalarth ID for Approved Teachers Violates Right to Salary and Dignity
The Petitioner was appointed as a Shikshan Sevak on 22.01.2013 and subsequently as an Assistant Teacher in a school run by Respondent Nos. 5 and 6.
2 MIN READ→
![Delay in filing written statement in partition suits may be condoned to ensure finality of adjudication.. Narayan Dattarao Sontakke v. Nagnath Dattarao Sontakke [2026:BHC-AUG:10531]. Bombay High Court. LawLens](/stories/thumbnails/delay-in-filing-written-statement-in-partition-suits-may-be-condoned-to-ensure-finality-of-f2395d6a17234b3486a5fc65458f7cfd.webp)
Civil Procedure and EvidenceProperty and Real Estate Law
Delay in filing written statement in partition suits may be condoned to ensure finality of adjudication.
The respondent (original plaintiff) filed Regular Civil Suit No. 14 of 2016 against his step-brother, the petitioner (original defendant), seeking partition and separate possession of suit property.
2 MIN READ→
![Partition of estate land requires internal road widths compliant with mandatory Unified Development Control and Promotion Regulations.. Ebrahim Chotani Vs. The Official Assignee [2026:BHC-OS:6336]. Bombay High Court. LawLens](/stories/thumbnails/partition-of-estate-land-requires-internal-road-widths-compliant-with-mandatory-unified-de-c091bfc75c0d418495b54e5a723ce710.webp)
Property and Real Estate LawCivil Procedure and Evidence
Partition of estate land requires internal road widths compliant with mandatory Unified Development Control and Promotion Regulations.
The suit was instituted on February 8, 1950, by the heirs of Mia Mohamed Haji Janmohamed Chotani for a declaration, partition, and rendition of accounts regarding the deceased’s estate.
3 MIN READ→
![Partition of estate through architectural layout must comply with mandatory internal road width requirements under UDCPR.. Ebrahim Chotani Vs. The Official Assignee [Suit No. 208 of 1950 with Notice of Motion No. 909 of 2019; 2026:BHC-OS:6335]. Bombay High Court. LawLens](/stories/thumbnails/partition-of-estate-through-architectural-layout-must-comply-with-mandatory-internal-road--7e39793c9b7d453091d93a0439b0db8d.webp)
Property and Real Estate LawCivil Procedure and Evidence
Partition of estate through architectural layout must comply with mandatory internal road width requirements under UDCPR.
The suit was instituted on February 8, 1950, by the heirs of late Mia Mohamed Haji Janmahomed Chotani seeking a declaration, partition, and accounts of his estate
2 MIN READ→
![### Trustees misusing trust property for personal gain are liable for prosecution under Section 409 IPC as agents.. Robert Gragery D’Souza v. The State of Maharashtra & Anr. [Writ Petition No. 235 of 2026]. Bombay High Court. LawLens](/stories/thumbnails/trustees-misusing-trust-property-for-personal-gain-are-liable-for-prosecution-under-sectio-64af2385b6c5406db6fc7d87c5292671.webp)
Criminal Procedure and EvidenceCriminal Law
### Trustees misusing trust property for personal gain are liable for prosecution under Section 409 IPC as agents.
The Petitioner, Secretary of Shejar Chhaya Trust, was entrusted with obtaining the Charity Commissioner's sanction to sell 21 Gunthas of trust land.
3 MIN READ→
![Order Quashed for Absence of Reasoned Technical Analysis in Post-Grant Patent Opposition Proceedings. Saurabh Arora v. Deputy Controller of Patents & Anr. [COMM. MISC. PETITION NO. 46 of 2025 (2026:BHC-OS:6327)]. Bombay High Court. LawLens](/stories/thumbnails/order-quashed-for-absence-of-reasoned-technical-analysis-in-post-grant-patent-opposition-p-1088fc499b004b52a07fe3dca01ae397.webp)
Intellectual Property LawAdministrative and Public Law
Order Quashed for Absence of Reasoned Technical Analysis in Post-Grant Patent Opposition Proceedings
The Petitioner filed a post-grant opposition under Section 25(2)(c) of the Patents Act, 1970, against Patent No. IN 283059 granted to Respondent No. 2.
2 MIN READ→
![Unauthorized structural alterations and acquisition of alternate residence by a spouse constitute valid grounds for tenant eviction.. Noor Abdul Kadar Baig (through LRs) v. Smt. Jainibai Najamuddin (through LRs) [2026:BHC-AS:11953]. Bombay High Court. LawLens](/stories/thumbnails/unauthorized-structural-alterations-and-acquisition-of-alternate-residence-by-a-spouse-con-ead4ff67b7bd43f682fc4af1b84066fa.webp)
Property and Real Estate LawCivil Procedure and Evidence
Unauthorized structural alterations and acquisition of alternate residence by a spouse constitute valid grounds for tenant eviction.
The Applicant-Landlord filed a suit for eviction against the Respondent-Tenants regarding Flat No. 5, House No. 139-T, Santacruz (West), Mumbai, under the Bombay Rents, Hotel and Lodgings House Rates Control Act, 1947.
3 MIN READ→
![Acquittal on identical criminal charges renders departmental findings unjust and necessitates reinstatement without back wages.. Shri Bhupesh Tukaram Meshram v. The Union of India & Ors. [Writ Petition No. 1101 of 2015]. Bombay High Court. LawLens](/stories/thumbnails/acquittal-on-identical-criminal-charges-renders-departmental-findings-unjust-and-necessita-e95c40e02fa843bfa8b3c3965cb42d95.webp)
Employment and Labour LawCriminal Procedure and Evidence
Acquittal on identical criminal charges renders departmental findings unjust and necessitates reinstatement without back wages.
The petitioner, an Assistant Commandant in the CISF, was served a charge memo on 15/03/2012 alleging: (I) establishing physical relations with a complainant (Ms. Vaishali) under false pretext of marriage and subsequen...
2 MIN READ→
![### Referral Court Must Limit Limitation Inquiry to Section 11 Application Validity, Leaving Claim-Bar Issues for Arbitration. Edelweiss Financial Services Limited v. Percept Finserve Private Limited & Anr. [Commercial Arbitration Application (L) No. 5187 of 2026]. Bombay High Court. LawLens](/stories/thumbnails/referral-court-must-limit-limitation-inquiry-to-section-11-application-validity-leaving-cl-2cbeaf1a8fd740f9890b6a9e56f887fb.webp)
Arbitration and MediationCivil Procedure and Evidence
### Referral Court Must Limit Limitation Inquiry to Section 11 Application Validity, Leaving Claim-Bar Issues for Arbitration
The Applicant entered into a Share Purchase Agreement (SPA) with the Respondents on December 8, 2007.
2 MIN READ→
![Corruption offenses under the Prevention of Corruption Act cannot be quashed on the basis of compromise.. Sachin s/o Chandramani Wankhede v. State of Maharashtra & Ors. [2026:BHC-NAG:4062-DB]. Bombay High Court. LawLens](/stories/thumbnails/corruption-offenses-under-the-prevention-of-corruption-act-cannot-be-quashed-on-the-basis--b828be4815f241d0ae46f5353b30cc0a.webp)
Criminal LawCriminal Procedure and Evidence
Corruption offenses under the Prevention of Corruption Act cannot be quashed on the basis of compromise.
The applicant, an advocate, was representing the son of Non-applicant No. 3 (the original complainant) in a rape case (Crime No. 1/2018).
2 MIN READ→
![Civil Court’s adjudication on title and transaction nature binds authorities under the Money Lending Act.. Jitendra Kawarilal Kothari v. State of Maharashtra & Others [2026:BHC-NAG:4022]. Bombay High Court. LawLens](/stories/thumbnails/civil-court-s-adjudication-on-title-and-transaction-nature-binds-authorities-under-the-mon-6bbab7a4a32244e1be2e24be8438c2ef.webp)
Property and Real Estate LawAdministrative and Public Law
Civil Court’s adjudication on title and transaction nature binds authorities under the Money Lending Act.
Respondent No. 5 alleged that in 2003, he borrowed ₹20,000 from the Petitioner (an alleged unlicensed money-lender) at 10% monthly interest, executing a nominal sale-deed of agricultural land as security.
3 MIN READ→
![Ad hoc arbitration is valid for MSME disputes where statutory mechanism under Section 18 is not triggered.. Bharat Sanchar Nigam Ltd. v. Microtex Energy Pvt. Ltd. [Comm. Arbitration Petition (L.) No. 33928 of 2024 (2026:BHC-OS:6213)]. Bombay High Court. LawLens](/stories/thumbnails/ad-hoc-arbitration-is-valid-for-msme-disputes-where-statutory-mechanism-under-section-18-i-99b8e41fbd0e43efa97893725caae4b2.webp)
Arbitration and MediationCommercial and Corporate Law
Ad hoc arbitration is valid for MSME disputes where statutory mechanism under Section 18 is not triggered.
The Petitioner (BSNL) awarded a tender to the Respondent (a registered MSME) for the supply of batteries in 2016.
3 MIN READ→
Arbitration and MediationContract Law
Ad hoc arbitration is valid and interest under Section 16 MSMED Act is applicable despite non-invocation of Section 18.
The Petitioner (BSNL) issued a tender for VRLA batteries in 2016, and the Respondent, a registered Small Enterprise under the MSMED Act, was the successful bidder
3 MIN READ→
![Seizure of cash under Section 67(2) of the CGST Act is illegal without established "reason to believe.". Smurti Waghdhare v. Joint Director, Directorate General of GST Intelligence, Mumbai & Ors. [2026:BHC-OS:6209-DB / Writ Petition No. 839 of 2025]. Bombay High Court. LawLens](/stories/thumbnails/seizure-of-cash-under-section-67-2-of-the-cgst-act-is-illegal-without-established-reason-t-a6042976a4f44526be6bc28f0ad2ac05.webp)
Tax LawAdministrative and Public Law
Seizure of cash under Section 67(2) of the CGST Act is illegal without established "reason to believe."
The Petitioner, a proprietor of M/s. Platinum International, challenged two seizure orders issued on June 27 and 28, 2023, by GST authorities.
2 MIN READ→
![### Proprietorship name is not a juristic person; claiming tenancy through it does not constitute forfeiture.. Jusbedabi wd/o Mohammad Siddique & Ors. v. Iqbal s/o Haji Kasam [Second Appeal No. 81 of 2013 (2026:BHC-NAG:3989)]. Bombay High Court. LawLens](/stories/thumbnails/proprietorship-name-is-not-a-juristic-person-claiming-tenancy-through-it-does-not-constitu-61f2093b34524a1882529fb97d6a274e.webp)
Property and Real Estate LawCivil Procedure and Evidence
### Proprietorship name is not a juristic person; claiming tenancy through it does not constitute forfeiture.
The respondent (Plaintiff) filed a suit for possession and arrears of rent against the appellants (Defendants), who are the legal heirs of the original tenant, Mohammad Siddique.
3 MIN READ→
![Section 9 jurisdiction remains available for foreign awards until the award is recognized as a decree.. Osterreichischer Lloyd Seereederei (Cyprus) Ltd. v. Victore Ships Pvt. Ltd. [2026:BHC-OS:6178]. Bombay High Court. LawLens](/stories/thumbnails/section-9-jurisdiction-remains-available-for-foreign-awards-until-the-award-is-recognized--06387d5f67294ba1b2e676414124fa84.webp)
Arbitration and MediationCivil Procedure and Evidence
Section 9 jurisdiction remains available for foreign awards until the award is recognized as a decree.
The Petitioner sought interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, to secure an Award Amount of USD 269,105.08 granted via a foreign arbitral award dated March 23, 2020.
2 MIN READ→
![Inference of guilt based on circumstantial evidence requires a complete chain of facts excluding every other hypothesis.. Suresh Bapu Koli @ Taral v. The State of Maharashtra [Criminal Appeal No. 1286 of 2022.]. Bombay High Court. LawLens](/stories/thumbnails/inference-of-guilt-based-on-circumstantial-evidence-requires-a-complete-chain-of-facts-exc-ee6b73b3d6894383a56e398b8184b939.webp)
Criminal LawCriminal Procedure and Evidence
Inference of guilt based on circumstantial evidence requires a complete chain of facts excluding every other hypothesis.
On September 4, 2016, an unidentified body with head injuries was found near Daund.
2 MIN READ→
![Absence of a physical ticket or pass does not disentitle a railway employee from being deemed a bona fide passenger.. Smt. Nagmani Ramnna Burumuri & Anr. v. Union of India [First Appeal No. 739 of 2016]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-a-physical-ticket-or-pass-does-not-disentitle-a-railway-employee-from-being-dee-5de3e2862dac42b38b5f00d6b2c3995e.webp)
Transport, Maritime, and Aviation LawCivil Procedure and Evidence
Absence of a physical ticket or pass does not disentitle a railway employee from being deemed a bona fide passenger.
The deceased, a railway commercial department employee, was traveling from Elphinstone Road to Virar after finishing his shift on September 11, 2010.
2 MIN READ→
![Absence of stay in appeal does not justify administrative refusal to issue statutory NOCs and renewals.. Tapi Valley Agro Food Products Company v. Dondaicha Warwade Nagar Parishad & Others [2026:BHC-AUG:9909-DB]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-stay-in-appeal-does-not-justify-administrative-refusal-to-issue-statutory-nocs--fa2e244b5eca448a8c8c4d5bb94e037f.webp)
Administrative and Public LawCivil Procedure and Evidence
Absence of stay in appeal does not justify administrative refusal to issue statutory NOCs and renewals.
The Petitioner, a partnership firm, operates a slaughterhouse on land donated to Respondent No. 1 (Nagar Parishad).
3 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Institutional knowledge and inaction on a forwarded purchase notice triggers automatic reservation lapse under Section 127 MRTP Act.
The petitioners filed a Public Interest Litigation (PIL) challenging a government communication dated 21.09.2015, which declared that reservations for public amenities (stadium, schools, etc.) on lands in Hingoli had...
3 MIN READ→
![Institutional knowledge and processing of a purchase notice by a Planning Authority satisfies Section 127 MRTP service requirements.. Shri Panjab S/o. Prakashrao Patil & Anr. v. The State of Maharashtra & Ors. [2026:BHC-AUG:9907-DB]. Bombay High Court. LawLens](/stories/thumbnails/institutional-knowledge-and-processing-of-a-purchase-notice-by-a-planning-authority-satisf-f1fdcbab2b2b4993868b91bd8c3d3a77.webp)
Property and Real Estate LawAdministrative and Public Law
Institutional knowledge and processing of a purchase notice by a Planning Authority satisfies Section 127 MRTP service requirements.
The Petitioners filed a PIL challenging a State communication dated 21.09.2015, which declared that reservations for public amenities (stadium, schools, etc.) on specific lands in Hingoli had lapsed under Section 127...
3 MIN READ→
![### HEARSAY EXPERT TESTIMONY CANNOT OVERRIDE CONTEMPORANEOUS LABORATORY REPORTS IN INTERNATIONAL COMMERCIAL ARBITRATION AWARDS Facts: The Appellant (a Zimbabwean company) sought a refund from the Respondent (an Indian firm) for allegedly defective food packaging materials that emitted a foul odour. An Arbitrator awarded the refund, relying heavily on the testimony of an expert witness (CW-2) who visited the site years later and reported what staff told him, while dismissing contemporaneous SGS India laboratory reports that found the samples within safety limits. The Respondent challenged this under Section 34 of the Arbitration and Conciliation Act, 1996. A Single Judge set aside the award as "shocking the conscience of the court." Issues: 1. Whether an award in an International Commercial Arbitration can be set aside for relying on hearsay evidence while ignoring objective contemporaneous documents. 2. Whether the "patent illegality" ground is available to challenge such awards post-2015 amendment. 3. Whether a claim for non-supply of goods (advance payment) can be severed from a dispute over defective quality. Ruling: The High Court partially allowed the appeal. It upheld the setting aside of the award regarding the "defective goods" claim, finding that the Arbitrator's reliance on hearsay evidence from an expert witness, while rejecting admitted laboratory reports (SGS India) without examining their authors, violated fundamental principles of justice and "shocked the conscience" of the Court. Such a breach qualifies as a violation of the "Public Policy of India" under Section 34(2)(b)(ii), which remains a valid ground for International Commercial Arbitrations. However, applying the Doctrine of Severability, the Court restored the award for USD 43,500.25—the amount paid for a fifth consignment that was never supplied. Since this claim was distinct, admitted, and unrelated to the quality dispute, it was legally separable from the tainted portions of the award. Key Takeaway: An arbitral award that ignores objective contemporaneous evidence in favor of hearsay expert testimony is perverse and violates the basic notions of justice; however, valid portions of an award remains enforceable if they are factually and legally severable.. Arenel (Private) Limited v. M/s. Aakash Packaging [Comm. Arbitration Appeal (L) No. 30982 of 2025]. Bombay High Court. LawLens](/stories/thumbnails/hearsay-expert-testimony-cannot-override-contemporaneous-laboratory-reports-in-internation-ae1cb95a327044f19193036714c65f96.webp)
Arbitration and MediationCivil Procedure and Evidence
### HEARSAY EXPERT TESTIMONY CANNOT OVERRIDE CONTEMPORANEOUS LABORATORY REPORTS IN INTERNATIONAL COMMERCIAL ARBITRATION AWARDS Facts: The Appellant (a Zimbabwean company) sought a refund from the Respondent (an Indian firm) for allegedly defective food packaging materials that emitted a foul odour. An Arbitrator awarded the refund, relying heavily on the testimony of an expert witness (CW-2) who visited the site years later and reported what staff told him, while dismissing contemporaneous SGS India laboratory reports that found the samples within safety limits. The Respondent challenged this under Section 34 of the Arbitration and Conciliation Act, 1996. A Single Judge set aside the award as "shocking the conscience of the court." Issues: 1. Whether an award in an International Commercial Arbitration can be set aside for relying on hearsay evidence while ignoring objective contemporaneous documents. 2. Whether the "patent illegality" ground is available to challenge such awards post-2015 amendment. 3. Whether a claim for non-supply of goods (advance payment) can be severed from a dispute over defective quality. Ruling: The High Court partially allowed the appeal. It upheld the setting aside of the award regarding the "defective goods" claim, finding that the Arbitrator's reliance on hearsay evidence from an expert witness, while rejecting admitted laboratory reports (SGS India) without examining their authors, violated fundamental principles of justice and "shocked the conscience" of the Court. Such a breach qualifies as a violation of the "Public Policy of India" under Section 34(2)(b)(ii), which remains a valid ground for International Commercial Arbitrations. However, applying the Doctrine of Severability, the Court restored the award for USD 43,500.25—the amount paid for a fifth consignment that was never supplied. Since this claim was distinct, admitted, and unrelated to the quality dispute, it was legally separable from the tainted portions of the award. Key Takeaway: An arbitral award that ignores objective contemporaneous evidence in favor of hearsay expert testimony is perverse and violates the basic notions of justice; however, valid portions of an award remains enforceable if they are factually and legally severable.
The Appellant (a Zimbabwean company) contracted the Respondent (an Indian firm) for packaging materials.
5 MIN READ→
![### Averments based on hearsay and rejection of contemporaneous evidence constitute a breach of fundamental policy. Case Summary: Factum: The Appellant, a Zimbabwean company, sought a refund from the Respondent for allegedly supplying defective, foul-smelling packaging materials. An Arbitrator awarded the refund based on the testimony of an expert (CW-2) and the Appellant's MD (CW-1), while disregarding two SGS India lab reports that found the materials compliant with safety and odour standards. The Respondent challenged this under Section 34, and the Single Judge set aside the Award. Issue: Whether an arbitral award in an international commercial arbitration can be set aside for shifting the burden of proof and relying on hearsay evidence while disregarding contemporaneous documentary evidence. Ruling: The High Court partly allowed the appeal. It upheld the setting aside of the Award regarding the "defective goods" claim, holding that the Arbitrator committed a "patent illegality" by reversing the burden of proof and relying on hearsay (CW-2) while ignoring objective contemporaneous evidence (SGS reports). Such findings shock the conscience of the court and contravene the "fundamental policy of Indian law." However, using the power of severability, the Court restored the award for USD 43,500.25 pertaining to a separate, undisputed claim for non-delivery of a fifth consignment.. Arenel (Private) Limited v. M/s. Aakash Packaging [Comm. Arbitration Appeal (L) No. 30982 of 2025]. Bombay High Court. LawLens](/stories/thumbnails/averments-based-on-hearsay-and-rejection-of-contemporaneous-evidence-constitute-a-breach-o-364a3fa95e1d481ab59e150e3c45188e.webp)
Arbitration and MediationCivil Procedure and Evidence
### Averments based on hearsay and rejection of contemporaneous evidence constitute a breach of fundamental policy. Case Summary: Factum: The Appellant, a Zimbabwean company, sought a refund from the Respondent for allegedly supplying defective, foul-smelling packaging materials. An Arbitrator awarded the refund based on the testimony of an expert (CW-2) and the Appellant's MD (CW-1), while disregarding two SGS India lab reports that found the materials compliant with safety and odour standards. The Respondent challenged this under Section 34, and the Single Judge set aside the Award. Issue: Whether an arbitral award in an international commercial arbitration can be set aside for shifting the burden of proof and relying on hearsay evidence while disregarding contemporaneous documentary evidence. Ruling: The High Court partly allowed the appeal. It upheld the setting aside of the Award regarding the "defective goods" claim, holding that the Arbitrator committed a "patent illegality" by reversing the burden of proof and relying on hearsay (CW-2) while ignoring objective contemporaneous evidence (SGS reports). Such findings shock the conscience of the court and contravene the "fundamental policy of Indian law." However, using the power of severability, the Court restored the award for USD 43,500.25 pertaining to a separate, undisputed claim for non-delivery of a fifth consignment.
The Appellant, a Zimbabwean company, contracted the Respondent, a Mumbai-based partnership, for the supply of biscuit packaging materials across five invoices.
3 MIN READ→
![Existence of recovered unaccounted assets and shared predicate offence information justifies arrest under Section 19 PMLA.. Sh. Y. Shiva Reddy v. Directorate of Enforcement & Anr. [2026:BHC-AS:11569-DB]. Bombay High Court. LawLens](/stories/thumbnails/existence-of-recovered-unaccounted-assets-and-shared-predicate-offence-information-justifi-fb9966f5817249ddac781152611cf5f7.webp)
Criminal LawCriminal Procedure and Evidence
Existence of recovered unaccounted assets and shared predicate offence information justifies arrest under Section 19 PMLA.
The Petitioner, a Deputy Director of Town Planning at Vasai-Virar City Municipal Corporation (VVCMC), was arrested by the Directorate of Enforcement (ED) on August 13, 2025, under Section 19 of the PMLA.
3 MIN READ→
![Dual pension claims through non-disclosure of prior employment constitute fraud, justifying recovery of excess payments.. Shamshuddin Ali Mullaji v. The Assistant Commissioner of Employees Provident Fund Commissioner (Pension) & Ors. [Writ Petition No. 10462 of 2023]. Bombay High Court. LawLens](/stories/thumbnails/dual-pension-claims-through-non-disclosure-of-prior-employment-constitute-fraud-justifying-178e791a5238467089b4041f179167e4.webp)
Social Security and PensionsAdministrative and Public Law
Dual pension claims through non-disclosure of prior employment constitute fraud, justifying recovery of excess payments.
The Petitioner was employed at Poyasha Pvt. Ltd. from 1978 to 1994, which closed down.
2 MIN READ→
![### Apprentices lack statutory right to automatic absorption or regular employment under Section 22 of the Apprentices Act.. Prajwalit Tularam Gaikwad & Ors. v. Hindustan Petroleum Corporation Ltd. & Ors. [2026:BHC-AS:11566-DB]. Bombay High Court. LawLens](/stories/thumbnails/apprentices-lack-statutory-right-to-automatic-absorption-or-regular-employment-under-secti-6fa6e024d2134948a62d2ea1dfece12a.webp)
Employment and Labour LawConstitutional Law
### Apprentices lack statutory right to automatic absorption or regular employment under Section 22 of the Apprentices Act.
The 71 petitioners were Engineering graduates appointed as Graduate Apprentice Trainees (GAT) by Hindustan Petroleum Corporation Ltd. (HPCL) in 2016 for a one-year training period following an All-India Computer Based...
2 MIN READ→
![Unlicensed import of cosmetics is "prohibited goods" under Customs Act, 1962, regardless of intent to warehouse or re-export.. Glamstone Cosmetics Pvt. Ltd. v. The Union of India & Ors. [2026:BHC-AS:11564-DB]. Bombay High Court. LawLens](/stories/thumbnails/unlicensed-import-of-cosmetics-is-prohibited-goods-under-customs-act-1962-regardless-of-in-3ed7bd8a327a40e4b3e5e83c63e4af69.webp)
Administrative and Public LawTransport, Maritime, and Aviation Law
Unlicensed import of cosmetics is "prohibited goods" under Customs Act, 1962, regardless of intent to warehouse or re-export.
The Petitioner, a trader of cosmetics and FMCG, imported three consignments of assorted toiletries/cosmetics from the UAE in November 2025.
3 MIN READ→
![Material suppression of prior adverse orders and ownership disputes disentitles a plaintiff to equitable injunctive relief.. Elder Prroject Limited v. Elder Neutraciticals Private Limited [Interim Application (L) No. 35091 of 2025 in Commercial IP Suit (L) No. 27106 of 2025]. Bombay High Court. LawLens](/stories/thumbnails/material-suppression-of-prior-adverse-orders-and-ownership-disputes-disentitles-a-plaintif-2898b3851d9c4b9ba21bde8e7f1c2213.webp)
Intellectual Property LawCivil Procedure and Evidence
Material suppression of prior adverse orders and ownership disputes disentitles a plaintiff to equitable injunctive relief.
The Plaintiff, Elder Prroject Limited, filed a suit for infringement and passing off regarding its registered device mark (a stylized "ELDER" with three leaves), claiming exclusive use since 1992-93.
3 MIN READ→
![Material suppression of prior adverse orders and ownership disputes disentitles a plaintiff to ex-parte equitable injunctive relief.. Elder Prroject Limited v. Elder Neutraciticals Private Limited [2026:BHC-OS:6099]. Bombay High Court. LawLens](/stories/thumbnails/material-suppression-of-prior-adverse-orders-and-ownership-disputes-disentitles-a-plaintif-fb81ba2263c24db691ac1f182c90ecf3.webp)
Intellectual Property LawCivil Procedure and Evidence
Material suppression of prior adverse orders and ownership disputes disentitles a plaintiff to ex-parte equitable injunctive relief.
The Plaintiff, Elder Prroject Limited, filed a suit for trademark infringement and passing off, claiming it coined and exclusively used the device mark containing the word "ELDER" in a stylized blue font with three le...
3 MIN READ→
![Dishonest adoption of a well-known mark and its abbreviation precludes the defense of honest concurrent user.. Century 21 Real Estates LLC v. Century 21 Town Planners Pvt. Ltd. & Anr. [2026:BHC-OS:6096]. Bombay High Court. LawLens](/stories/thumbnails/dishonest-adoption-of-a-well-known-mark-and-its-abbreviation-precludes-the-defense-of-hone-f5ad74339e6d4392b7edcc1878955135.webp)
Intellectual Property LawCommercial and Corporate Law
Dishonest adoption of a well-known mark and its abbreviation precludes the defense of honest concurrent user.
The Petitioner, a global real estate franchising multinational incorporated in 1971, sought the rectification and removal of four trademarks (‘C21’ device marks) registered by Respondent No. 1 in 2010 across Classes 1...
2 MIN READ→
![### Dishonest adoption of a mark identical to a prior well-known global brand precludes protection.. Century 21 Real Estates LLC v. Century 21 Town Planners Pvt. Ltd. & Anr. [2026:BHC-OS:6096]. Bombay High Court. LawLens](/stories/thumbnails/dishonest-adoption-of-a-mark-identical-to-a-prior-well-known-global-brand-precludes-protec-92745613c12a49c09ba6cfb0f30032e5.webp)
Intellectual Property LawCommercial and Corporate Law
### Dishonest adoption of a mark identical to a prior well-known global brand precludes protection.
The Petitioner, a global real estate franchising multinational incorporated in 1971, sought the rectification and removal of four trademarks (Registration Nos. 1941724, 1959526, 1957532, and 1941725) for the mark ‘C21...
2 MIN READ→
![Dishonest adoption of a well-known mark and its corporate name expansion warrants trade mark rectification.. Century 21 Real Estates LLC v. Century 21 Town Planners Pvt. Ltd. & Anr. [2026:BHC-OS:6096]. Bombay High Court. LawLens](/stories/thumbnails/dishonest-adoption-of-a-well-known-mark-and-its-corporate-name-expansion-warrants-trade-ma-3797649b52954233b337222bf79c27f1.webp)
Intellectual Property LawCommercial and Corporate Law
Dishonest adoption of a well-known mark and its corporate name expansion warrants trade mark rectification.
The Petitioner, a global real estate franchising multinational incorporated in 1971, sought the rectification of the Register of Trade Marks by removing four registrations for the mark 'C21' (Device) in Classes 16, 35...
2 MIN READ→
![Dishonest adoption of a mark identical to a prior well-known global brand precludes protection under the Trade Marks Act.. Century 21 Real Estates LLC v. Century 21 Town Planners Pvt. Ltd. & Anr. [Commercial Miscellaneous Petition No. 36 of 2022 and connected matters; 2026:BHC-OS:6096]. Bombay High Court. LawLens](/stories/thumbnails/dishonest-adoption-of-a-mark-identical-to-a-prior-well-known-global-brand-precludes-protec-dc136026220c402c8f12bc0af1a0d90c.webp)
Intellectual Property LawCommercial and Corporate Law
Dishonest adoption of a mark identical to a prior well-known global brand precludes protection under the Trade Marks Act.
The Petitioner, a global real estate franchising multinational incorporated in 1971, sought rectification of the Register of Trade Marks to remove four registrations for the mark ‘C21’ (Device) in Classes 16, 35, 36,...
2 MIN READ→
![Dishonest adoption of a well-known mark precludes the defense of honest concurrent use and warrants rectification.. Century 21 Real Estates LLC v. Century 21 Town Planners Pvt. Ltd. & Anr. [2026:BHC-OS:6096]. Bombay High Court. LawLens](/stories/thumbnails/dishonest-adoption-of-a-well-known-mark-precludes-the-defense-of-honest-concurrent-use-and-678b4b6038624700b9b6048648745c49.webp)
Intellectual Property LawCommercial and Corporate Law
Dishonest adoption of a well-known mark precludes the defense of honest concurrent use and warrants rectification.
The Petitioner, a global real estate franchising multinational incorporated in 1971, sought rectification of the Register of Trade Marks to remove four registrations for the mark ‘C21’ (device and word) obtained by Re...
2 MIN READ→
Criminal LawCriminal Procedure and Evidence
Official school records and parental admissions of age take primacy over medical ossification tests for POCSO determination.
The appellant was convicted by the Special POCSO Court, Greater Bombay, on March 12, 2020, for raping his minor daughter
3 MIN READ→
![School records and father’s admission of age negate the need for ossification tests in POCSO cases.. Mohammad Shahjad Amir Hasan Shaikh v. The State of Maharashtra and another [Appeal No. 28 of 2021]. Bombay High Court. LawLens](/stories/thumbnails/school-records-and-father-s-admission-of-age-negate-the-need-for-ossification-tests-in-poc-0f0e24b49b244ddaa1bb5c77d5d79a59.webp)
Criminal LawCriminal Procedure and Evidence
School records and father’s admission of age negate the need for ossification tests in POCSO cases.
The appellant was convicted by the Special POCSO Court, Greater Bombay, on March 12, 2020, for the rape of his minor daughter.
3 MIN READ→
![Suppression of material facts and voluntary surrender of land disentitle owners from claiming compensation or restoration.. Bhalchandra Chintaman Deo & ors. v. The Special Land Acquisition Officer, Pune & ors. [2026:BHC-AS:11480-DB]. Bombay High Court. LawLens](/stories/thumbnails/suppression-of-material-facts-and-voluntary-surrender-of-land-disentitle-owners-from-claim-99952f1f59464d59b6556a0132ea6a10.webp)
Property and Real Estate LawAdministrative and Public Law
Suppression of material facts and voluntary surrender of land disentitle owners from claiming compensation or restoration.
The petitioners challenged the acquisition of 25.39 acres of land in Survey No. 210, Village Wakad, initially acquired in 1970 for the Pimpri Chinchwad New Township
3 MIN READ→
![Material suppression of past agreements to waive compensation for land release precludes relief under Article 300A.. Bhalchandra Chintaman Deo & Ors. v. The Special Land Acquisition Officer, Pune & Ors. [2026:BHC-AS:11480-DB]. Bombay High Court. LawLens](/stories/thumbnails/material-suppression-of-past-agreements-to-waive-compensation-for-land-release-precludes-r-2822c50bed844ac68268c7ecd91d8555.webp)
Property and Real Estate LawAdministrative and Public Law
Material suppression of past agreements to waive compensation for land release precludes relief under Article 300A.
The Petitioners challenged the acquisition of 25.39 acres of land in Survey No. 210, Village Wakad, initially acquired for the Pimpri Chinchwad New Township
3 MIN READ→
![Consent to sex is not vitiated by a promise of marriage if the woman is already married.. Raghav Rajesh Aggarwal v. The State of Maharashtra & Anr. [2026:BHC-AS:11319-DB]. Bombay High Court. LawLens](/stories/thumbnails/consent-to-sex-is-not-vitiated-by-a-promise-of-marriage-if-the-woman-is-already-married-ed930b31400946ad951c6de1fd2eb25b.webp)
Criminal LawCriminal Procedure and Evidence
Consent to sex is not vitiated by a promise of marriage if the woman is already married.
The Petitioner sought to quash FIR No. 791 of 2024 and the resulting charge-sheet involving sections 69, 79, 351(2), and 352 of the Bhartiya Nyaya Sanhita (BNS), sections 376(2)(n) and 377 of the IPC, and sections 66(...
2 MIN READ→
![National security considerations and diplomatic assessments in infrastructure projects are immune from substantive judicial review.. Thakur Infraprojects Private Limited v. State of Maharashtra & Ors. [2026:BHC-AS:11253-DB]. Bombay High Court. LawLens](/stories/thumbnails/national-security-considerations-and-diplomatic-assessments-in-infrastructure-projects-are-e1855d1717724050967d62985c94e5b5.webp)
Administrative and Public LawMilitary and National Security Law
National security considerations and diplomatic assessments in infrastructure projects are immune from substantive judicial review.
The Petitioner, as lead partner of a Joint Venture (JV) with EVRASCON (an Azerbaijani company), was declared the lowest bidder (L1) for two major infrastructure projects in the NAINA region
2 MIN READ→
![### Judicial Review of Security Clearance Denial Based on National Security and Geopolitical Considerations National security concerns and geopolitical assessments by the Executive are not subject to substantive judicial re-evaluation.. Thakur Infraprojects Private Limited v. State of Maharashtra & Others [Writ Petition No. 10537 of 2025 (with Review Petition No. 130 of 2025)]. Bombay High Court. LawLens](/stories/thumbnails/judicial-review-of-security-clearance-denial-based-on-national-security-and-geopolitical-c-2013cc326e4746cab2cc85d38c6888ee.webp)
Administrative and Public LawMilitary and National Security Law
### Judicial Review of Security Clearance Denial Based on National Security and Geopolitical Considerations National security concerns and geopolitical assessments by the Executive are not subject to substantive judicial re-evaluation.
The Petitioner, a lead partner in a Joint Venture (JV) with OJSC Euro Asian Construction Corporation “EVRASCON” (a foreign entity from Azerbaijan), emerged as the lowest bidder (L1) for two major infrastructure projec...
3 MIN READ→
![### Executive Discretion in Denying Security Clearance Based on National Security and Geopolitical Considerations is Subject to Limited Judicial Review. Thakur Infraprojects Private Limited v. State of Maharashtra & Others [2026:BHC-AS:11253-DB]. Bombay High Court. LawLens](/stories/thumbnails/executive-discretion-in-denying-security-clearance-based-on-national-security-and-geopolit-c9072ba268f340c99740eef028975fb2.webp)
Military and National Security LawAdministrative and Public Law
### Executive Discretion in Denying Security Clearance Based on National Security and Geopolitical Considerations is Subject to Limited Judicial Review
The Petitioner, as the lead partner of Thakur-EVRASCON JV (a joint venture with an Azerbaijani firm), emerged as the lowest bidder (L1) for two major infrastructure tenders (Tender 1 and 2) under the NAINA project man...
3 MIN READ→
![Absence of limitation for impleadment under Order XXII Rule 10 CPC allows devolution of interest despite delay.. M/s. Yash Shree Realtors v. Sitabai Naik (deceased) through LRs & Ors. [2026:BHC-AS:11252]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-limitation-for-impleadment-under-order-xxii-rule-10-cpc-allows-devolution-of-in-f0993fd1a1654587a0f7a0e8d4814874.webp)
Civil Procedure and EvidenceProperty and Real Estate Law
Absence of limitation for impleadment under Order XXII Rule 10 CPC allows devolution of interest despite delay.
The original plaintiffs (Respondents 1-11) filed a suit for possession in 1974, which was decreed in their favor on September 7, 2011.
3 MIN READ→
![Election Petition Lacking Material Facts on How Alleged Corrupt Practices Affected Results Is Liable for Rejection. Md. Arif Lalan Khan v. Dilip Bhausaheb Lande & Ors. [2026:BHC-OS:5856]. Bombay High Court. LawLens](/stories/thumbnails/election-petition-lacking-material-facts-on-how-alleged-corrupt-practices-affected-results-7475b83419c645e2935434a9dd2d10cc.webp)
Election LawCivil Procedure and Evidence
Election Petition Lacking Material Facts on How Alleged Corrupt Practices Affected Results Is Liable for Rejection
The Petitioner (Khan), the runner-up in the 2024 Maharashtra Legislative Assembly elections for the Chandivali Constituency, challenged the victory of Respondent No. 1 (Lande).
3 MIN READ→
![Absence of Specific Pleadings Demonstrating Material Effect on Election Results Mandates Rejection of Election Petition. Md. Arif Lalan Khan v. Dilip Bhausaheb Lande & Ors. [2026:BHC-OS:5855]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-specific-pleadings-demonstrating-material-effect-on-election-results-mandates-r-fc95a8633e784701bc312fa77424f453.webp)
Election LawCivil Procedure and Evidence
Absence of Specific Pleadings Demonstrating Material Effect on Election Results Mandates Rejection of Election Petition
The Petitioner, Md. Arif Lalan Khan, challenged the election of Respondent No. 1, Dilip Bhausaheb Lande, from the Chandivali Assembly Constituency in the 2024 Maharashtra State Legislative Assembly elections.
3 MIN READ→
![Absence of material facts showing "undue influence" and "material effect" warrants rejection of election petition.. Md. Arif Lalan Khan v. Dilip Bhausaheb Lande & Ors. [2026:BHC-OS:5855]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-material-facts-showing-undue-influence-and-material-effect-warrants-rejection-o-fea29d9729cf47058fcdfa9aba1d269a.webp)
Election LawCivil Procedure and Evidence
Absence of material facts showing "undue influence" and "material effect" warrants rejection of election petition.
The Petitioner, Md. Arif Lalan Khan, challenged the election of Respondent No. 1, Dilip Bhausaheb Lande, from the Chandivali Assembly Constituency in the 2024 Maharashtra State Legislative Assembly elections.
3 MIN READ→
![Quasi-judicial authorities must pronounce reasoned orders in open court and ensure mandatory date endorsements on certified copies for limitation purposes.. Smt. Gopiki Soma Lingudkar v. The Deputy Collector & S.D.O., Pernem Taluka & Ors. [2026:BHC-GOA:415]. Bombay High Court. LawLens](/stories/thumbnails/quasi-judicial-authorities-must-pronounce-reasoned-orders-in-open-court-and-ensure-mandato-5699b067339c454fa299589709d60577.webp)
Administrative and Public LawCivil Procedure and Evidence
Quasi-judicial authorities must pronounce reasoned orders in open court and ensure mandatory date endorsements on certified copies for limitation purposes.
The Petitioner obtained a favorable order dated 04.07.2023 from the Joint Mamlatdar-1 for the purchase of a dwelling house under Section 16 of the Goa Mundkar Act
3 MIN READ→
![Inquest and medical examination preceding FIR registration do not vitiate a trial if ocular testimony is reliable.. Shrikant Kamal Chavan v. The State of Maharashtra [Criminal Appeal No. 762 of 2021]. Bombay High Court. LawLens](/stories/thumbnails/inquest-and-medical-examination-preceding-fir-registration-do-not-vitiate-a-trial-if-ocula-c6c292c9597b47988141d243ff15ccaf.webp)
Criminal LawCriminal Procedure and Evidence
Inquest and medical examination preceding FIR registration do not vitiate a trial if ocular testimony is reliable.
The Appellant was convicted under Section 302 of the IPC for the murder of his wife, Sangita, on the night of March 31, 2019.
3 MIN READ→
![Employer's failure to issue statutory notice under Section 7(2) negates limitation for filing gratuity applications.. Gundu Daji Desai v. M/s. Aplab Ltd. [Writ Petition No. 2875 of 2025, 2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-issue-statutory-notice-under-section-7-2-negates-limitation-for-fili-a9e64caab3e5464c9858dcec9b224d71.webp)
Employment and Labour LawCivil Procedure and Evidence
Employer's failure to issue statutory notice under Section 7(2) negates limitation for filing gratuity applications.
The Respondent-Company (M/s. Aplab Ltd.) is a manufacturer of UPS systems.
3 MIN READ→
![Employer's failure to determine gratuity amount negates limitation period for employee's statutory claim.. Gundu Daji Desai v. M/s. Aplab Ltd. (with connected petitions) [2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-determine-gratuity-amount-negates-limitation-period-for-employee-s-s-f2be87b4c0d94d93a10057cf1414a75d.webp)
Employment and Labour LawSocial Security and Pensions
Employer's failure to determine gratuity amount negates limitation period for employee's statutory claim.
The Petitioner (employer) and various Respondents (employees/management cadre) filed cross-petitions against orders passed by the Controlling and Appellate Authorities under the Payment of Gratuity Act, 1972.
3 MIN READ→
![Employer's failure to issue statutory notice under Section 7(2) negates limitation for filing gratuity applications.. Gundu Daji Desai v. M/s. Aplab Ltd. (with connected petitions) [2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-issue-statutory-notice-under-section-7-2-negates-limitation-for-fili-ad55005ac2474b71b35f4b45e2c66e68.webp)
Employment and Labour LawSocial Security and Pensions
Employer's failure to issue statutory notice under Section 7(2) negates limitation for filing gratuity applications.
The Petitioner-employees resigned from the Respondent-company (M/s. Aplab Ltd.) after various years of service.
3 MIN READ→
![Employer's failure to issue statutory notice under Section 7(2) negates limitation for filing gratuity applications.. Gundu Daji Desai v. M/s. Aplab Ltd. (with connected petitions) [2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-issue-statutory-notice-under-section-7-2-negates-limitation-for-fili-e3758389b0b84da9be7f6332e219cacd.webp)
Employment and Labour LawSocial Security and Pensions
Employer's failure to issue statutory notice under Section 7(2) negates limitation for filing gratuity applications.
The Respondent-employees (including Chief Regional Manager Gundu Daji Desai) resigned from M/s. Aplab Ltd. in 2015
3 MIN READ→
Employment and Labour LawSocial Security and Pensions
Employer's failure to issue statutory notice under Section 7(2) precludes limitation plea against employee's gratuity claim.
The Petitioner-employees resigned from the Respondent-company (M/s. Aplab Ltd.) at various times, with some employees having served over 15 years.
3 MIN READ→
![Employer's failure to issue statutory notice under Section 7(2) precludes limitation plea against gratuity claims.. M/s. Aplab Ltd. v. Gundu Daji Desai and Connected Petitions [2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-issue-statutory-notice-under-section-7-2-precludes-limitation-plea-a-0ab6fb8aedc54eaa978385e21cd1b4dd.webp)
Employment and Labour LawSocial Security and Pensions
Employer's failure to issue statutory notice under Section 7(2) precludes limitation plea against gratuity claims.
The Respondent-employees resigned from the Petitioner-company after various years of service.
3 MIN READ→
![Employer's failure to issue statutory notice under Section 7(2) precludes limitation plea against employee's gratuity claim.. Gundu Daji Desai v. M/s. Aplab Ltd. (with connected petitions) [2026:BHC-AS:11226; Writ Petition No. 2875 of 2025]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-issue-statutory-notice-under-section-7-2-precludes-limitation-plea-a-a529b3075879456e8362aba76d198578.webp)
Employment and Labour LawCivil Procedure and Evidence
Employer's failure to issue statutory notice under Section 7(2) precludes limitation plea against employee's gratuity claim.
The Respondent employees (primarily in management cadres) resigned from M/s. Aplab Ltd. at various times (e.g., 2015).
3 MIN READ→
![Employer's failure to issue statutory notice under Section 7(2) precludes limitation plea against gratuity claims.. M/s. Aplab Ltd. v. Gundu Daji Desai and Connected Petitions [2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-issue-statutory-notice-under-section-7-2-precludes-limitation-plea-a-edf5d2074aff4ee3b493c8cf7b6ad795.webp)
Employment and Labour LawCivil Procedure and Evidence
Employer's failure to issue statutory notice under Section 7(2) precludes limitation plea against gratuity claims.
The Petitioner (Employer) challenged orders passed by the Controlling Authority (09.11.2023) and the Appellate Authority (19.10.2024) under the Payment of Gratuity Act, 1972.
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Employer's failure to issue statutory notice under Section 7(2) of the Payment of Gratuity Act negates limitation.
The Petitioner company (employer) challenged orders passed by the Controlling Authority (Nov 9, 2023) and the Appellate Authority (Oct 19, 2024) under the Payment of Gratuity Act, 1972
3 MIN READ→
![Employer's failure to issue statutory notice under Section 7(2) negates limitation period for gratuity claims.. Gundu Daji Desai v. M/s. Aplab Ltd. [2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-issue-statutory-notice-under-section-7-2-negates-limitation-period-f-ae70ed37886a4ac6b6c2044200f60b94.webp)
Employment and Labour LawSocial Security and Pensions
Employer's failure to issue statutory notice under Section 7(2) negates limitation period for gratuity claims.
The Respondent-employees (formerly in management cadres) resigned from M/s. Aplab Ltd. at various times, notably around 2015.
3 MIN READ→
Employment and Labour LawSocial Security and Pensions
Employer's failure to issue statutory notice under Section 7(2) precludes limitation plea against gratuity claims.
The Petitioner-employees, including Gundu Daji Desai (Chief Regional Manager), resigned from the Respondent-company (M/s. Aplab Ltd.) in 2015.
3 MIN READ→
![Employer's failure to issue statutory notice under Section 7(2) negates limitation for gratuity applications.. Gundu Daji Desai v. M/s. Aplab Ltd. [2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-issue-statutory-notice-under-section-7-2-negates-limitation-for-grat-7015e51de8f048f08fafb2f16d6dd212.webp)
Employment and Labour LawSocial Security and Pensions
Employer's failure to issue statutory notice under Section 7(2) negates limitation for gratuity applications.
The Respondent-employees (formerly in management cadres) resigned from M/s. Aplab Ltd.
3 MIN READ→
![Employer's failure to issue statutory notice under Section 7(2) of the Gratuity Act negates limitation bars.. Gundu Daji Desai v. M/s. Aplab Ltd. (with connected petitions) [2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-issue-statutory-notice-under-section-7-2-of-the-gratuity-act-negates-8e355a65aced4326a5446ce1491fd9ac.webp)
Employment and Labour LawSocial Security and Pensions
Employer's failure to issue statutory notice under Section 7(2) of the Gratuity Act negates limitation bars.
The Respondent employees (primarily management cadre) resigned from M/s. Aplab Ltd. at various times, with some instances dating back to 2015.
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Employer's failure to issue statutory notice under Section 7(2) negates limitation periods for gratuity claims.
The Respondent employees (in the company's petitions) resigned from M/s. Aplab Ltd. between 2015 and 2016.
3 MIN READ→
Employment and Labour LawSocial Security and Pensions
Employer's failure to issue statutory notice under Section 7(2) negates limitation for gratuity applications.
The Respondent-Employer (M/s. Aplab Ltd.) is a manufacturing company.
3 MIN READ→
![Employer's failure to issue statutory notice under Section 7(2) precludes limitation plea and mandates interest.. Gundu Daji Desai v. M/s. Aplab Ltd. [2026:BHC-AS:11226; Writ Petition No. 2875 of 2025]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-issue-statutory-notice-under-section-7-2-precludes-limitation-plea-a-9a9ae12af28e423a9d22c667460b26f8.webp)
Employment and Labour LawSocial Security and Pensions
Employer's failure to issue statutory notice under Section 7(2) precludes limitation plea and mandates interest.
The Respondent-employees, formerly in management cadres (e.g., Chief Regional Manager), resigned from the Petitioner-company.
3 MIN READ→
![### Employer’s failure to issue statutory notice under Section 7(2) negates limitation for gratuity applications.. Gundu Daji Desai v. M/s. Aplab Ltd. [Writ Petition No. 2875 of 2025, 2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-issue-statutory-notice-under-section-7-2-negates-limitation-for-grat-770ac3c7b2bb44ff8ca606cec6eda51d.webp)
Employment and Labour LawAdministrative and Public Law
### Employer’s failure to issue statutory notice under Section 7(2) negates limitation for gratuity applications.
The Respondent-employer (M/s. Aplab Ltd.) challenged orders passed by the Controlling Authority (9.11.2023) and the Appellate Authority (19.10.2024) under the Payment of Gratuity Act, 1972, which directed payment of g...
3 MIN READ→
![### Employer’s Failure to Notify Gratuity Amount Prevents Limitation Bar and Sustains Statutory Interest Liability. Gundu Daji Desai v. M/s. Aplab Ltd. [Writ Petition No. 2875 of 2025, 2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-notify-gratuity-amount-prevents-limitation-bar-and-sustains-statutor-23c84b8520274bcf94292b378e52c57e.webp)
Employment and Labour LawCivil Procedure and Evidence
### Employer’s Failure to Notify Gratuity Amount Prevents Limitation Bar and Sustains Statutory Interest Liability
The respondent-employees (various managers and staff) resigned from M/s. Aplab Ltd. between 2015 and 2016.
3 MIN READ→
![### Employer’s failure to give statutory notice under Section 7(2) negates limitation for filing gratuity applications.. M/s. Aplab Ltd. v. Gundu Daji Desai & Ors. [2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/employer-s-failure-to-give-statutory-notice-under-section-7-2-negates-limitation-for-filin-8d9ef465735d403a940798a8bb9d11b8.webp)
Employment and Labour LawCivil Procedure and Evidence
### Employer’s failure to give statutory notice under Section 7(2) negates limitation for filing gratuity applications.
The Respondent-employees, formerly working in various capacities (including management cadre) at M/s. Aplab Ltd., resigned from their services.
3 MIN READ→
![Absence of statutory notice under Section 7(2) negates limitation for filing gratuity applications.. M/s. Aplab Ltd. v. Gundu Daji Desai & Ors. [2026:BHC-AS:11226]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-statutory-notice-under-section-7-2-negates-limitation-for-filing-gratuity-appli-d44c85e622b84710a98af7624ea87358.webp)
Employment and Labour LawCivil Procedure and Evidence
Absence of statutory notice under Section 7(2) negates limitation for filing gratuity applications.
The Petitioner (Employer) challenged orders passed by the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 1972, which directed payment of gratuity and interest to several retired/resig...
3 MIN READ→
![Maternity leave is a fundamental right under Article 21; bond service cannot penalize motherhood.. Dr. Meenakshi Muthiah v. State of Maharashtra & Ors. [2026:BHC-NAG:3813-DB]. Bombay High Court. LawLens](/stories/thumbnails/maternity-leave-is-a-fundamental-right-under-article-21-bond-service-cannot-penalize-mothe-80534d103521451dbc2e80e383e54eb6.webp)
Employment and Labour LawConstitutional Law
Maternity leave is a fundamental right under Article 21; bond service cannot penalize motherhood.
The petitioner completed her Master of Dental Surgery (MDS) in 2023
3 MIN READ→
![Human Rights Commission lacks jurisdiction to adjudicate property disputes or direct FIR registration in civil matters.. Dilip Lalchand Porwal v. State of Maharashtra & Ors. [2026:BHC-OS:5808-DB]. Bombay High Court. LawLens](/stories/thumbnails/human-rights-commission-lacks-jurisdiction-to-adjudicate-property-disputes-or-direct-fir-r-4cea3648feb44b53b13cc7af3733e728.webp)
Human Rights LawAdministrative and Public Law
Human Rights Commission lacks jurisdiction to adjudicate property disputes or direct FIR registration in civil matters.
The Petitioner challenged an order dated May 31, 2023, passed by the Maharashtra State Human Rights Commission ("the Commission").
2 MIN READ→
![Tribunal may order eviction of children to ensure a senior citizen’s right to a normal life.. Bholenath Mevalal Nishad v. Shyamdulari Mevalal Nishad & Ors. [2026:BHC-AS:11142]. Bombay High Court. LawLens](/stories/thumbnails/tribunal-may-order-eviction-of-children-to-ensure-a-senior-citizen-s-right-to-a-normal-lif-a5ea04c7f06944a1b73a965a9e7ffc46.webp)
Family LawProperty and Real Estate Law
Tribunal may order eviction of children to ensure a senior citizen’s right to a normal life.
The Petitioner is the son of Respondent No. 1 (a 73-year-old senior citizen).
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![A non-signatory dissenting member of a cooperative society is not a veritable party to a development agreement’s arbitration clause.. M/s. Space Master Realtors v. Mulund Sandhyaprakash CHS Ltd. & Anr. [Arbitration Application (L) No. 35545 of 2025 (2026:BHC-OS:5802)]. Bombay High Court. LawLens](/stories/thumbnails/a-non-signatory-dissenting-member-of-a-cooperative-society-is-not-a-veritable-party-to-a-d-11c685519d3c4b7e84e16fb227585275.webp)
Arbitration and MediationContract Law
A non-signatory dissenting member of a cooperative society is not a veritable party to a development agreement’s arbitration clause.
The Applicant (Developer) entered into a Redevelopment Agreement (DA) dated July 2, 2021, with Respondent No. 1 (Society)
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![Mandatory Hearing of All Stakeholders is Essential for Adherence to Principles of Natural Justice under Mamlatdar’s Courts Act. Shivaji s/o Rangnath Shinde & Ors. v. The State of Maharashtra & Ors. [Writ Petition No. 3032 of 2024]. Bombay High Court. LawLens](/stories/thumbnails/mandatory-hearing-of-all-stakeholders-is-essential-for-adherence-to-principles-of-natural--3e7bf534a6c84094a0bfb4fce34eb58e.webp)
Administrative and Public LawCivil Procedure and Evidence
Mandatory Hearing of All Stakeholders is Essential for Adherence to Principles of Natural Justice under Mamlatdar’s Courts Act
The Petitioners challenged orders passed by the Tahsildar (Respondent No. 3) and the Sub Divisional Officer (Respondent No. 2) in proceedings initiated by Respondent Nos. 4 to 9 under Section 5 of the Mamlatdar’s Cour...
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![Failure to accord hearing to stakeholders in Mamlatdar’s Courts Act proceedings violates principles of natural justice.. Shivaji s/o Rangnath Shinde & Ors. v. The State of Maharashtra & Ors. [2026:BHC-AUG:9403]. Bombay High Court. LawLens](/stories/thumbnails/failure-to-accord-hearing-to-stakeholders-in-mamlatdar-s-courts-act-proceedings-violates-p-f293819871014eca86c0a36a55205a37.webp)
Administrative and Public LawCivil Procedure and Evidence
Failure to accord hearing to stakeholders in Mamlatdar’s Courts Act proceedings violates principles of natural justice.
The Petitioners challenged orders passed by the Tahsildar (Respondent No. 3) and the Sub Divisional Officer (Respondent No. 2) in proceedings initiated by Respondent Nos. 4 to 9 under Section 5 of the Mamlatdar’s Cour...
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![Crossing railway tracks and being hit by a train does not constitute an "untoward incident" under the Railways Act.. Smt. Sindhu Devanand Shivdas v. The Union of India [First Appeal No. 563 of 2016]. Bombay High Court. LawLens](/stories/thumbnails/crossing-railway-tracks-and-being-hit-by-a-train-does-not-constitute-an-untoward-incident--922f9af7f5be4ef7b8fcbfc6d294539a.webp)
Transport, Maritime, and Aviation LawCivil Procedure and Evidence
Crossing railway tracks and being hit by a train does not constitute an "untoward incident" under the Railways Act.
The Appellant’s son allegedly died after falling from a moving train between Bhayandar and Nallasopara on 5 August 2006.
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![Service of citation for Letters of Administration *De-Bonis-Non* may be dispensed with where heirs consented to the original probate.. Nandkumar Narsingrao Pupala (since deceased through legal heirs) v. Dr. Pratapsingrao Pupala [2026:BHC-OS:5743]. Bombay High Court. LawLens](/stories/thumbnails/service-of-citation-for-letters-of-administration-de-bonis-non-may-be-dispensed-with-where-673cd5abf13540e3b0c2396b29e669d5.webp)
Wills, Inheritance, and TrustsCivil Procedure and Evidence
Service of citation for Letters of Administration *De-Bonis-Non* may be dispensed with where heirs consented to the original probate.
Narsingrao Pupala executed a Will in 1974.
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![### Limitation for Section 201(1) Orders Commences From Filing of Each Quarterly TDS Statement Individually. The Commissioner of Income Tax (TDS), Pune v. Vodafone Cellular Ltd., Pune [Income Tax Appeal No. 2438 of 2018]. Bombay High Court. LawLens](/stories/thumbnails/limitation-for-section-201-1-orders-commences-from-filing-of-each-quarterly-tds-statement--f26b4d473593488f9684de9928d363ec.webp)
Tax LawAdministrative and Public Law
### Limitation for Section 201(1) Orders Commences From Filing of Each Quarterly TDS Statement Individually
The Appellant (Revenue) challenged an order dated 12th March 2018 passed by the Income Tax Appellate Tribunal (ITAT), Pune.
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![Mandatory 50% deposit under Section 154(2A) applies to revisions challenging both recovery certificates and consequential derivative actions.. Govindrao Shankarrao Gaikwad v. The Ganesh Co-operative Bank Ltd. & Ors. [Writ Petition No. 4118 of 2014 and connected matters]. Bombay High Court. LawLens](/stories/thumbnails/mandatory-50-deposit-under-section-154-2a-applies-to-revisions-challenging-both-recovery-c-51eb50424968452fa1946ec7f2c938b9.webp)
Banking and Finance LawAdministrative and Public Law
Mandatory 50% deposit under Section 154(2A) applies to revisions challenging both recovery certificates and consequential derivative actions.
The Petitioner stood as a guarantor for a loan granted by Respondent No. 1 Bank.
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![Mandatory 50% deposit under Section 154(2A) applies to revisions challenging actions consequential to recovery certificates.. Govindrao Shankarrao Gaikwad v. The Ganesh Co-operative Bank & Others [Writ Petition No. 4118 of 2014; 2026:BHC-AS:10877]. Bombay High Court. LawLens](/stories/thumbnails/mandatory-50-deposit-under-section-154-2a-applies-to-revisions-challenging-actions-consequ-8b59bb839a8c430f8f23431d75d9172b.webp)
Administrative and Public LawBanking and Finance Law
Mandatory 50% deposit under Section 154(2A) applies to revisions challenging actions consequential to recovery certificates.
The Petitioner stood as a guarantor for a loan advanced by Respondent No. 1 Bank.
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![Deposit of 50% dues is mandatory for revisions challenging actions consequential to Section 101 recovery certificates.. Govindrao Shankarrao Gaikwad v. The Ganesh Co-operative Bank & Ors. [2026:BHC-AS:10875]. Bombay High Court. LawLens](/stories/thumbnails/deposit-of-50-dues-is-mandatory-for-revisions-challenging-actions-consequential-to-section-a21994b8e63c482ea597ce18c1b2e5a9.webp)
Civil Procedure and EvidenceBanking and Finance Law
Deposit of 50% dues is mandatory for revisions challenging actions consequential to Section 101 recovery certificates.
The Petitioner stood as a guarantor for a loan granted by Respondent No. 1 Bank.
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![Deposit of 50% dues is mandatory for revisions challenging actions consequential to a Section 101 recovery certificate.. Govindrao Shankarrao Gaikwad v. The Ganesh Co-operative Bank Ltd. & Ors. [2026:BHC-AS:10874]. Bombay High Court. LawLens](/stories/thumbnails/deposit-of-50-dues-is-mandatory-for-revisions-challenging-actions-consequential-to-a-secti-3d6aec37b0b742d2b005bfa402c42ff9.webp)
Civil Procedure and EvidenceBanking and Finance Law
Deposit of 50% dues is mandatory for revisions challenging actions consequential to a Section 101 recovery certificate.
The Petitioner stood as a guarantor for a loan granted by Respondent No. 1.
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![Contractual employees are entitled to maternity benefits notwithstanding inconsistent service agreements under Section 27 of the Maternity Benefit Act.. Dhanashri Ramesh Karkhanis v. Municipal Corporation of Greater Mumbai & Ors. [2026:BHC-OS:5400-DB]. Bombay High Court. LawLens](/stories/thumbnails/contractual-employees-are-entitled-to-maternity-benefits-notwithstanding-inconsistent-serv-4f058e26806c4402928cef80a7692df1.webp)
Employment and Labour LawConstitutional Law
Contractual employees are entitled to maternity benefits notwithstanding inconsistent service agreements under Section 27 of the Maternity Benefit Act.
The Petitioner, an Assistant Professor (Anesthesiologist) engaged on a contractual basis since January 2022 at Seth G.S. Medical College and K.E.M. Hospital, applied for maternity leave on August 20, 2024, and October...
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![Maintenance Tribunal may order eviction of children to ensure senior citizen's right to residence and normal life.. Ashok Narayan Pipraiya & Anr. v. Lilabai Narayan Pipraiya & Ors. [Writ Petition No. 15615 of 2025]. Bombay High Court. LawLens](/stories/thumbnails/maintenance-tribunal-may-order-eviction-of-children-to-ensure-senior-citizen-s-right-to-re-4d7f2bd97e2a48e69b52ba218276cc92.webp)
Social Security and PensionsProperty and Real Estate Law
Maintenance Tribunal may order eviction of children to ensure senior citizen's right to residence and normal life.
Respondent No. 1 (a 71-year-old widow) is the mother of Petitioner No. 1 and mother-in-law of Petitioner No. 2.
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![Possession of Caste Validity Certificate prior to election precludes automatic disqualification despite alleged non-submission to authorities.. Arvind Hiraman Gajbhiye v. The Collector, Nagpur & Ors. [WRIT PETITION NO. 3235 OF 2025; 2026:BHC-NAG:3701]. Bombay High Court. LawLens](/stories/thumbnails/possession-of-caste-validity-certificate-prior-to-election-precludes-automatic-disqualific-d3fe0c6d6bbf4119bf25b34464ca512b.webp)
Election LawAdministrative and Public Law
Possession of Caste Validity Certificate prior to election precludes automatic disqualification despite alleged non-submission to authorities.
The Petitioner was elected as Sarpanch of Gram Panchayat Walni in December 2023
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![Revision challenging actions consequential to Section 101 recovery certificates requires mandatory 50% deposit of dues.. Govindrao Shankarrao Gaikwad v. The Ganesh Co-operative Bank & Ors. [2026:BHC-AS:10852-DB]. Bombay High Court. LawLens](/stories/thumbnails/revision-challenging-actions-consequential-to-section-101-recovery-certificates-requires-m-088394ef4079482b979ca638d4ae9cd2.webp)
Civil Procedure and EvidenceBanking and Finance Law
Revision challenging actions consequential to Section 101 recovery certificates requires mandatory 50% deposit of dues.
The Petitioner stood as a guarantor for a loan granted by Respondent No. 1.
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![Third-party flat purchasers may challenge Section 17 interim orders under Section 37 if their interests are affected.. Mohammed Ali M. Sali (since deceased) Through Legal Heirs v. Rajaram Chavan Real Estate Private Limited with Shadab Y. Mukadam v. Mohammed Ali M. Sali [2026:BHC-OS:5680-DB]. Bombay High Court. LawLens](/stories/thumbnails/third-party-flat-purchasers-may-challenge-section-17-interim-orders-under-section-37-if-th-976bafbe4f874a73a7de77961e8f0c3f.webp)
Arbitration and MediationProperty and Real Estate Law
Third-party flat purchasers may challenge Section 17 interim orders under Section 37 if their interests are affected.
The Petitioners (Owner) and Respondent (Developer) entered into a Joint Development Agreement (JDA) in 2009 for property in Kurla
3 MIN READ→
![### Third-party purchasers may challenge Section 17 interim orders under Section 37 if their rights are adversely affected.. Mohammed Ali M. Sali (since deceased) Through Legal Heirs & Ors. v. Rajaram Chavan Real Estate Private Limited (with connected petition) [2026:BHC-OS:5678]. Bombay High Court. LawLens](/stories/thumbnails/third-party-purchasers-may-challenge-section-17-interim-orders-under-section-37-if-their-r-8d90c268a35449a5bd47b9e18ebb1c37.webp)
Arbitration and MediationContract Law
### Third-party purchasers may challenge Section 17 interim orders under Section 37 if their rights are adversely affected.
The Petitioners (Owner) and Respondent (Developer) entered into a Joint Development Agreement (JDA) in 2009 for land in Kurla.
3 MIN READ→
![### Third-party purchasers may challenge Section 17 interim orders under Section 37 if their rights are adversely affected.. Mohammed Ali M. Sali (deceased) through Legal Heirs v. Rajaram Chavan Real Estate Private Limited with Shadab Y. Mukadam v. Mohammed Ali M. Sali [2026:BHC-OS:5678]. Bombay High Court. LawLens](/stories/thumbnails/third-party-purchasers-may-challenge-section-17-interim-orders-under-section-37-if-their-r-c19d9b8f3f1b4cf1aad2ac19df69b1f0.webp)
Arbitration and MediationProperty and Real Estate Law
### Third-party purchasers may challenge Section 17 interim orders under Section 37 if their rights are adversely affected.
The Petitioners (Owner) and Respondent (Developer) entered into a Joint Development Agreement (JDA) in 2009 for property in Kurla
3 MIN READ→
![### Decree for restoration of possession under Section 6 requires strict proof of possession on the date of dispossession.. Khandu Bajaba Gawande (deceased through LRs) v. Deoram Bajaba Gawande (deceased through LRs) and Ors. [Civil Revision Application No. 185 of 2023]. Bombay High Court. LawLens](/stories/thumbnails/decree-for-restoration-of-possession-under-section-6-requires-strict-proof-of-possession-o-25cee165b14c4fa296bd426651e5b083.webp)
Property and Real Estate LawCivil Procedure and Evidence
### Decree for restoration of possession under Section 6 requires strict proof of possession on the date of dispossession.
The Plaintiffs (Respondents) filed a suit under Section 6 of the Specific Relief Act, 1963, alleging they were forcibly dispossessed of a dispensary (the 'suit premises') by the Defendant (Applicant) on 28 November 2011.
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![Unilateral appointment of an arbitrator without express written consent renders the award a nullity despite participation.. Satnam Singh Ahuja And Ors. v. Karvy Financial Services Ltd. [2026:BHC-OS:5673]. Bombay High Court. LawLens](/stories/thumbnails/unilateral-appointment-of-an-arbitrator-without-express-written-consent-renders-the-award--820149cb1ae34cc7a53e6dae7b60b526.webp)
Arbitration and MediationCivil Procedure and Evidence
Unilateral appointment of an arbitrator without express written consent renders the award a nullity despite participation.
The Petitioners challenged arbitral awards dated February 6, 2018, passed by a sole arbitrator unilaterally appointed by the Respondent, Karvy Financial Services Ltd.
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![### Plea of Res Judicata Cannot be Decided in an Application for Rejection of Plaint.. Shridhar Machindra Maharnor v. Machindra Maroti Maharnor & Ors. [2026:BHC-AUG:9243]. Bombay High Court. LawLens](/stories/thumbnails/plea-of-res-judicata-cannot-be-decided-in-an-application-for-rejection-of-plaint-d09ff1b5768c4aac939537383657d113.webp)
Civil Procedure and EvidenceProperty and Real Estate Law
### Plea of Res Judicata Cannot be Decided in an Application for Rejection of Plaint.
The Petitioner (Original Plaintiff) filed Regular Civil Suit No. 282 of 2017 for partition and separate possession against the Respondents.
3 MIN READ→
![DEMAND AND ACCEPTANCE OF ILLEGAL GRATIFICATION MUST BE PROVED BY LEGAL EVIDENCE IN DEPARTMENTAL ENQUIRIES.. Ravidas S/o. Shivramji Rangari v. Union of India & Others [2026:BHC-NAG:3650-DB]. Bombay High Court. LawLens](/stories/thumbnails/demand-and-acceptance-of-illegal-gratification-must-be-proved-by-legal-evidence-in-departm-6850b6e005c6443aa63fc02c3087c2b3.webp)
Employment and Labour LawCivil Procedure and Evidence
DEMAND AND ACCEPTANCE OF ILLEGAL GRATIFICATION MUST BE PROVED BY LEGAL EVIDENCE IN DEPARTMENTAL ENQUIRIES.
The Petitioner, an Assistant Manager (Operation) at Indian Oil Corporation (IOCL), was allegedly caught red-handed by the CBI on 01/09/2010 for accepting a bribe of ₹15,000.
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![Writ jurisdiction may be denied for suppression of material facts despite availability of statutory remedies.. Kisan Bhimrao Bakal (Patil) v. Project Director, National Highways Authority of India & Ors. [2026:BHC-AUG:9225-DB]. Bombay High Court. LawLens](/stories/thumbnails/writ-jurisdiction-may-be-denied-for-suppression-of-material-facts-despite-availability-of--39fe8cfe83d5447bb9ed1a759f7802e9.webp)
Civil Procedure and EvidenceConstitutional Law
Writ jurisdiction may be denied for suppression of material facts despite availability of statutory remedies.
The Applicant’s land (Gut No. 257) was acquired for National Highway 211.
2 MIN READ→
![Deemed acceptance and past conduct establish a valid arbitration agreement for enforcing foreign awards.. Trammo DMCC (formerly Transammonia DMCC) v. Nagarjuna Fertilizers and Chemicals Ltd. [2026:BHC-OS:5643]. Bombay High Court. LawLens](/stories/thumbnails/deemed-acceptance-and-past-conduct-establish-a-valid-arbitration-agreement-for-enforcing-f-c8af30c87cb94db0ad8a61acbc19b5eb.webp)
Arbitration and MediationInternational Law
Deemed acceptance and past conduct establish a valid arbitration agreement for enforcing foreign awards.
The Petitioner (Trammo), a foreign entity, sought recognition and enforcement of five foreign arbitral awards (two interim final awards and three cost awards) passed by an ad-hoc tribunal seated in London.
3 MIN READ→
![Deemed acceptance of contract terms and ad-hoc jurisdictional agreements facilitate enforcement of foreign awards.. Trammo DMCC (Formerly known as Transammonia DMCC) v. Nagarjuna Fertilizers and Chemicals Ltd., Commercial Arbitration Petition No. 441 of 2017 with connected matters. [2026:BHC-OS:5643]. Bombay High Court. LawLens](/stories/thumbnails/deemed-acceptance-of-contract-terms-and-ad-hoc-jurisdictional-agreements-facilitate-enforc-4535032b178841e0ba69cf3a1e0aee2f.webp)
Arbitration and MediationInternational Law
Deemed acceptance of contract terms and ad-hoc jurisdictional agreements facilitate enforcement of foreign awards.
The Petitioner (Trammo) sought recognition and enforcement of five foreign arbitral awards passed by an ad-hoc tribunal seated in London.
3 MIN READ→
![### Enforcement of Foreign Awards Cannot Be Denied Through Merits Review or Technical Challenges to Ad-Hoc Clause Validity. Trammo DMCC v. Nagarjuna Fertilizers and Chemicals Ltd. [2026:BHC-OS:5643; Commercial Arbitration Petition No. 441 of 2017]. Bombay High Court. LawLens](/stories/thumbnails/enforcement-of-foreign-awards-cannot-be-denied-through-merits-review-or-technical-challeng-460a0127c2244fb98c1382cada6e46af.webp)
Arbitration and MediationContract Law
### Enforcement of Foreign Awards Cannot Be Denied Through Merits Review or Technical Challenges to Ad-Hoc Clause Validity
The Petitioner (Trammo), a foreign judgment creditor, sought the recognition and enforcement of five foreign arbitral awards passed by an ad-hoc tribunal seated in London.
3 MIN READ→
![### Enforcement of Foreign Awards Cannot Be Denied Through Merits-Based Review or Challenges to Deemed Contractual Acceptance. Trammo DMCC (Formerly known as Transammonia DMCC) v. Nagarjuna Fertilizers and Chemicals Ltd. [2026:BHC-OS:5643]. Bombay High Court. LawLens](/stories/thumbnails/enforcement-of-foreign-awards-cannot-be-denied-through-merits-based-review-or-challenges-t-f28661e91f534b77850e1d6cd2dde4ae.webp)
Arbitration and MediationInternational Law
### Enforcement of Foreign Awards Cannot Be Denied Through Merits-Based Review or Challenges to Deemed Contractual Acceptance
The Petitioner (Trammo), a Dubai-based judgment creditor, sought the recognition and enforcement of five foreign arbitral awards (two interim awards and three cost awards) passed by an ad-hoc tribunal seated in London.
3 MIN READ→
![Re-boarding a Moving Train After Alighting on the Wrong Side Constitutes an "Untoward Incident" Under Section 123(c).. Chandibai Laxman Rathod & Ors. v. Union of India [First Appeal No. 1275 of 2018 (2026:BHC-AS:10719)]. Bombay High Court. LawLens](/stories/thumbnails/re-boarding-a-moving-train-after-alighting-on-the-wrong-side-constitutes-an-untoward-incid-d1fb0df2b35845d89c46ef98773e048a.webp)
Transport, Maritime, and Aviation LawCivil Law
Re-boarding a Moving Train After Alighting on the Wrong Side Constitutes an "Untoward Incident" Under Section 123(c).
On August 27, 2011, the deceased was traveling with his family from Pune to Tandur via the Hyderabad Express on a valid reserved ticket.
2 MIN READ→
Intellectual Property LawAdministrative and Public Law
Section 14 Hearing is Mandatory Regardless of Pre-Grant Opposition Proceedings under the Patents Act
The Petitioner filed Patent Application No. 201627001750 on March 21, 2016
3 MIN READ→
![### Continuous Engagement Against Perennial Vacancies Without Sanctioned Staffing Pattern Constitutes Unfair Labour Practice. Shivaji Madhav Jadhav & Ors. v. Nashik District Central Cooperative Bank Ltd. [Writ Petition No. 11137 of 2024 and connected matters; 2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/continuous-engagement-against-perennial-vacancies-without-sanctioned-staffing-pattern-cons-5949b0bc61c34479992e3970403b296c.webp)
Employment and Labour LawAdministrative and Public Law
### Continuous Engagement Against Perennial Vacancies Without Sanctioned Staffing Pattern Constitutes Unfair Labour Practice
The petitioners, working as clerks and peons for over ten years at the respondent Bank, filed complaints alleging unfair labour practices under Items 5, 6, 9, and 10 of Schedule IV of the MRTU & PULP Act, 1971.
3 MIN READ→
![Continuous engagement of temporary workers against perennial vacancies constitutes unfair labour practice despite pending staffing approval.. Shivaji Madhav Jadhav & Ors. v. Nashik District Central Cooperative Bank Ltd. [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/continuous-engagement-of-temporary-workers-against-perennial-vacancies-constitutes-unfair--a4e33a9ab7be48b1868e1e8fd51eb2f8.webp)
Employment and Labour LawAdministrative and Public Law
Continuous engagement of temporary workers against perennial vacancies constitutes unfair labour practice despite pending staffing approval.
The petitioners were employed by the respondent Bank as clerks and peons for over ten years on a temporary basis with consolidated wages (Rs. 6000–9000)
3 MIN READ→
![Absence of Government-sanctioned staffing pattern does not justify denying permanency for perennial work under MRTU & PULP Act.. Shivaji Madhav Jadhav & Ors. v. Nashik District Central Cooperative Bank Ltd. [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-government-sanctioned-staffing-pattern-does-not-justify-denying-permanency-for--744c00523fb148a480edd8db9624ce2d.webp)
Employment and Labour LawAdministrative and Public Law
Absence of Government-sanctioned staffing pattern does not justify denying permanency for perennial work under MRTU & PULP Act.
The petitioners, working as clerks and peons for over ten years at the Nashik District Central Cooperative Bank, filed complaints alleging unfair labour practices under Items 5, 6, 9, and 10 of Schedule IV of the MRTU...
3 MIN READ→
![Continuous engagement against perennial vacancies without sanctioned staffing patterns constitutes unfair labour practice.. Shivaji Madhav Jadhav & Ors. v. Nashik District Central Cooperative Bank Ltd. [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/continuous-engagement-against-perennial-vacancies-without-sanctioned-staffing-patterns-con-4c883e162744465c9a8f466dd2488357.webp)
Employment and Labour LawAdministrative and Public Law
Continuous engagement against perennial vacancies without sanctioned staffing patterns constitutes unfair labour practice.
The petitioners, working as clerks and peons for over ten years at the respondent Bank, filed complaints alleging unfair labour practices under Items 5, 6, 9, and 10 of Schedule IV of the MRTU and PULP Act, 1971
3 MIN READ→
![Legalizing permanency is mandatory for long-term temporary employees performing perennial work against admitted vacant posts.. Shivaji Madhav Jadhav & Ors. v. Nashik District Central Cooperative Bank Ltd. [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/legalizing-permanency-is-mandatory-for-long-term-temporary-employees-performing-perennial--d8431118c83441c0bfd1fc13011fb5fa.webp)
Employment and Labour LawAdministrative and Public Law
Legalizing permanency is mandatory for long-term temporary employees performing perennial work against admitted vacant posts.
The Petitioners, employed as clerks and peons for over ten years by the Respondent-Bank, filed complaints alleging unfair labour practices under Items 5, 6, 9, and 10 of Schedule IV of the MRTU & PULP Act, 1971.
3 MIN READ→
![Absence of a sanctioned staffing pattern does not preclude regularisation where perennial work and vacancies exist.. Shivaji Madhav Jadhav & Ors. v. Nashik District Central Cooperative Bank Ltd. [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-a-sanctioned-staffing-pattern-does-not-preclude-regularisation-where-perennial--9d867a5326bb4df58a965501a406b5ce.webp)
Employment and Labour LawAdministrative and Public Law
Absence of a sanctioned staffing pattern does not preclude regularisation where perennial work and vacancies exist.
The Petitioners, employed as clerks and peons for over ten years by the Respondent Bank, filed complaints alleging unfair labour practices under Items 5, 6, 9, and 10 of Schedule IV of the MRTU and PULP Act, 1971.
3 MIN READ→
![Continuous engagement in perennial work against vacant posts without sanctioned staffing patterns constitutes unfair labour practice.. Shivaji Madhav Jadhav & Ors. v. Nashik District Central Cooperative Bank Ltd. [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/continuous-engagement-in-perennial-work-against-vacant-posts-without-sanctioned-staffing-p-a02b7c178c8f44d7b2c3b7a96cf905d5.webp)
Employment and Labour LawAdministrative and Public Law
Continuous engagement in perennial work against vacant posts without sanctioned staffing patterns constitutes unfair labour practice.
The petitioners (workmen) were employed by the respondent Bank as clerks and peons for over ten years on a temporary basis with consolidated wages.
3 MIN READ→
![Absence of a sanctioned staffing pattern does not justify denying permanency for perennial work performed against vacancies.. Shivaji Madhav Jadhav & Ors. v. Nashik District Central Cooperative Bank Ltd. (with connected matters) [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-a-sanctioned-staffing-pattern-does-not-justify-denying-permanency-for-perennial-beed831d2a994e7ea7bf8c56dc766cb5.webp)
Employment and Labour LawAdministrative and Public Law
Absence of a sanctioned staffing pattern does not justify denying permanency for perennial work performed against vacancies.
The Petitioners were employed as clerks and peons for over ten years on a temporary basis by the Respondent Bank, a cooperative entity.
3 MIN READ→
![Absence of a sanctioned staffing pattern does not justify denying permanency to employees performing perennial work.. Shivaji Madhav Jadhav & Ors. v. Nashik District Central Cooperative Bank Ltd. [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-a-sanctioned-staffing-pattern-does-not-justify-denying-permanency-to-employees--4d98291e1a99467c9e51f6c6b7055258.webp)
Employment and Labour LawAdministrative and Public Law
Absence of a sanctioned staffing pattern does not justify denying permanency to employees performing perennial work.
The petitioners, working as clerks and peons for over ten years at the respondent Bank, filed complaints alleging unfair labour practices under Items 5, 6, 9, and 10 of Schedule IV of the MRTU & PULP Act, 1971.
3 MIN READ→
![Prolonged temporary employment against admitted perennial vacancies constitutes unfair labour practice, regardless of unsanctioned staffing patterns.. Shivaji Madhav Jadhav & Ors. v. Nashik District Central Cooperative Bank Ltd. [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/prolonged-temporary-employment-against-admitted-perennial-vacancies-constitutes-unfair-lab-65bb09eec79241e5af3287a23ba0fadb.webp)
Employment and Labour LawAdministrative and Public Law
Prolonged temporary employment against admitted perennial vacancies constitutes unfair labour practice, regardless of unsanctioned staffing patterns.
The petitioners, working as clerks and peons for over ten years at the respondent Bank, filed complaints alleging unfair labour practices under Items 5, 6, 9, and 10 of Schedule IV of the MRTU & PULP Act, 1971.
3 MIN READ→
![Absence of Statutorily Sanctioned Staffing Pattern Cannot Justify Denying Permanency for Long-Term Perennial Work.. Shivaji Madhav Jadhav & Ors. v. Nashik District Central Cooperative Bank Ltd. [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-statutorily-sanctioned-staffing-pattern-cannot-justify-denying-permanency-for-l-901a08107aaf49aea8b2b4aad53004ff.webp)
Employment and Labour LawAdministrative and Public Law
Absence of Statutorily Sanctioned Staffing Pattern Cannot Justify Denying Permanency for Long-Term Perennial Work.
The Petitioners, numbering over 400 across several tagged petitions, were employed as clerks and peons by the Respondent Bank on a temporary basis with consolidated wages (Rs. 6000–9000) for over ten years.
3 MIN READ→
![Absence of Sanctioned Staffing Pattern Cannot Justify Denial of Permanency for Employees Performing Admitted Perennial Work. Shivaji Madhav Jadhav & Others v. Nashik District Central Cooperative Bank Ltd. [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-sanctioned-staffing-pattern-cannot-justify-denial-of-permanency-for-employees-p-f49bc1e40479465dbf20ce2ca367b3a4.webp)
Employment and Labour LawAdministrative and Public Law
Absence of Sanctioned Staffing Pattern Cannot Justify Denial of Permanency for Employees Performing Admitted Perennial Work
The petitioners (workmen) were appointed as clerks and peons by the respondent Bank starting around 2011–2012 and worked continuously for over ten years.
3 MIN READ→
![### Absence of sanctioned staffing pattern does not justify continuing temporary employment for perennial work or denying permanency.. Shivaji Madhav Jadhav & Others v. Nashik District Central Cooperative Bank Ltd. [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-sanctioned-staffing-pattern-does-not-justify-continuing-temporary-employment-fo-cc2c08a0a6ce43ec98f43c0c84b41b77.webp)
Employment and Labour LawAdministrative and Public Law
### Absence of sanctioned staffing pattern does not justify continuing temporary employment for perennial work or denying permanency.
The petitioners, working as clerks and peons for the respondent Bank for over ten years, filed complaints alleging unfair labour practices under Items 5, 6, 9, and 10 of Schedule IV of the MRTU and PULP Act, 1971.
3 MIN READ→
![Absence of Sanctioned Staffing Pattern Cannot Justify Denial of Permanency Where Perennial Vacancies and Continuous Service Exist. Shivaji Madhav Jadhav & Others v. Nashik District Central Cooperative Bank Ltd. [2026:BHC-AS:10655]. Bombay High Court. LawLens](/stories/thumbnails/absence-of-sanctioned-staffing-pattern-cannot-justify-denial-of-permanency-where-perennial-8ac4b95f6d734342b8b7e18f47d5f384.webp)
Employment and Labour LawAdministrative and Public Law
Absence of Sanctioned Staffing Pattern Cannot Justify Denial of Permanency Where Perennial Vacancies and Continuous Service Exist
The petitioners, working as clerks and peons for over ten years at the Nashik District Central Cooperative Bank, filed complaints alleging unfair labour practices under Items 5, 6, 9, and 10 of Schedule IV of the MRTU...
3 MIN READ→
![Unregistered instruments of transfer and rectification provide no lawful basis for claiming membership in a cooperative society.. Rashmi CHS Limited v. Romila Dilip Bajaj & Ors. [2026:BHC-AS:10648]. Bombay High Court. LawLens](/stories/thumbnails/unregistered-instruments-of-transfer-and-rectification-provide-no-lawful-basis-for-claimin-64e1d81ea74545b59e402e5b14663fbe.webp)
Property and Real Estate LawAdministrative and Public Law
Unregistered instruments of transfer and rectification provide no lawful basis for claiming membership in a cooperative society.
The Petitioner, a Co-operative Housing Society, admitted Jolly Brothers Pvt. Ltd. (Mumbai) as a member in 1965
3 MIN READ→
![### Additional Chief Judicial Magistrate Competent to Exercise Judicial Powers under Section 14 of SARFAESI Act. M/s. Shubham Flour Mill & Anr. v. State of Maharashtra & Ors. [Criminal Application APL No. 1523/2025; 2026:BHC-NAG:3635]. Bombay High Court. LawLens](/stories/thumbnails/additional-chief-judicial-magistrate-competent-to-exercise-judicial-powers-under-section-1-e46882853078402ab97047e5cf26c777.webp)
Banking and Finance LawCriminal Procedure and Evidence
### Additional Chief Judicial Magistrate Competent to Exercise Judicial Powers under Section 14 of SARFAESI Act
The Applicants, a proprietary concern and its proprietor, obtained multiple loan facilities (Term Loans and Cash Credit) from Non-applicant No. 2 (Indian Bank), secured by equitable mortgages over immovable properties.
3 MIN READ→
![Arbitration clause in retirement deed extends to interconnected MOU forming a single composite transaction.. Mahindra Mangilalji Jain v. M/s Radha Construction Co. and Ors. [2026:BHC-OS:5598]. Bombay High Court. LawLens](/stories/thumbnails/arbitration-clause-in-retirement-deed-extends-to-interconnected-mou-forming-a-single-compo-44ef5fcc2d674528abbd82482c3bc967.webp)
Arbitration and MediationProperty and Real Estate Law
Arbitration clause in retirement deed extends to interconnected MOU forming a single composite transaction.
The Applicant/Petitioner was a partner in Respondent No. 1, a firm developing the "Ventura Commercial Hub" project
3 MIN READ→
![Arbitration clause in a retirement deed extends to a simultaneous MOU lacking such clause in a composite transaction.. Mahindra Mangilalji Jain v. M/s Radha Construction Co and Ors. [2026:BHC-OS:5597]. Bombay High Court. LawLens](/stories/thumbnails/arbitration-clause-in-a-retirement-deed-extends-to-a-simultaneous-mou-lacking-such-clause--81ee36eab46a49318de724e580099435.webp)
Arbitration and MediationContract Law
Arbitration clause in a retirement deed extends to a simultaneous MOU lacking such clause in a composite transaction.
The Petitioner was a partner in Respondent No. 1, a firm developing the ‘Ventura Commercial Hub’ project.
3 MIN READ→
![Arbitration clause in a retirement deed extends to a simultaneously executed, interconnected MOU for composite transactions.. Mahindra Mangilalji Jain v. M/s Radha Construction Co and Ors. [2026:BHC-OS:5596]. Bombay High Court. LawLens](/stories/thumbnails/arbitration-clause-in-a-retirement-deed-extends-to-a-simultaneously-executed-interconnecte-015155e824ee4d509dbff9a8d88d510a.webp)
Arbitration and MediationContract Law
Arbitration clause in a retirement deed extends to a simultaneously executed, interconnected MOU for composite transactions.
The Applicant/Petitioner was a partner in Respondent No. 1, a firm developing 'Ventura Commercial Hub'.
3 MIN READ→
![Urgent interim relief is evaluated from the plaintiff’s standpoint; post-filing conduct does not mandate plaint rejection.. Warana Sugar Limited & Others v. IL & FS Financial Services Limited [Interim Application No. 5723 of 2025 in Commercial Summary Suit No. 93 of 2022]. Bombay High Court. LawLens](/stories/thumbnails/urgent-interim-relief-is-evaluated-from-the-plaintiff-s-standpoint-post-filing-conduct-doe-0cd0ddccb9734a2d962d3da624411af7.webp)
Civil Procedure and EvidenceArbitration and Mediation
Urgent interim relief is evaluated from the plaintiff’s standpoint; post-filing conduct does not mandate plaint rejection.
The Plaintiff, a non-banking financial company, filed a commercial summary suit for the recovery of ₹123,50,10,401/- against the Defendants (borrower and guarantors).
3 MIN READ→
![Registered assignment of leasehold rights for consideration cannot be unilaterally terminated by notice after thirteen years.. Pankh Properties Private Limited v. Rusi Sorabji Khambatta and Ors. with Rusi Sorabji Khambatta v. Rusi Properties Pvt. Ltd. and Ors. (Interim Application No. 7408 of 2025 in Suit No. 359 of 2025) [2026:BHC-OS:5549]. Bombay High Court. LawLens](/stories/thumbnails/registered-assignment-of-leasehold-rights-for-consideration-cannot-be-unilaterally-termina-c61942e3a0f94985b5b59b6f2e12217e.webp)
Property and Real Estate LawContract Law
Registered assignment of leasehold rights for consideration cannot be unilaterally terminated by notice after thirteen years.
The Plaintiff (Pankh Properties) and Defendant No. 1 (Khambatta) executed a registered Deed of Assignment and an Irrevocable Power of Attorney on 20.11.2012, whereby the Defendant assigned leasehold rights of "Adenwal...
3 MIN READ→
![### Unilateral Termination of a Registered Deed of Assignment for Consideration Is Legally Impermissible and Non-Est. Pankh Properties Private Limited v. Rusi Sorabji Khambatta and Ors. [2026:BHC-OS:5548]. Bombay High Court. LawLens](/stories/thumbnails/unilateral-termination-of-a-registered-deed-of-assignment-for-consideration-is-legally-imp-244a8e33b3a94e2a96a18cec967e76a1.webp)
Property and Real Estate LawContract Law
### Unilateral Termination of a Registered Deed of Assignment for Consideration Is Legally Impermissible and Non-Est
In November 2012, Defendant No. 1 (Assignor) executed a registered Deed of Assignment and an Irrevocable Power of Attorney, transferring leasehold rights of "Adenwalla Building" to the Plaintiff (Assignee) for a consi...
3 MIN READ→
![### Section 35 Protection for Bonafide Use of Surnames Extends to Corporate Entities Sharing Family Names. Kataria Insurance Brokers Pvt. Ltd. v. Bhavesh Suresh Kataria, Proprietor of Kataria Jewellery Insurance Consultancy [2026:BHC-OS:5540-DB]. Bombay High Court. LawLens](/stories/thumbnails/section-35-protection-for-bonafide-use-of-surnames-extends-to-corporate-entities-sharing-f-9249f41df653462eac5e5d739cbb7ac9.webp)
Intellectual Property LawCommercial and Corporate Law
### Section 35 Protection for Bonafide Use of Surnames Extends to Corporate Entities Sharing Family Names
The Respondent (original Plaintiff), trading as ‘Kataria Jewellery Insurance Consultancy,’ is the registered proprietor of the trademark ‘KATARIA’ in Class 36, specializing in gems and jewellery insurance since 2004.
3 MIN READ→
![Documents relevant to pleadings may be produced during cross-examination to confront witnesses without prior leave.. Mr. Jijabhau Dyaneshwar Temgire v. Mr. Gangaram Khandu Temgire & Ors. [Writ Petition No. 8080 of 2022]. Bombay High Court. LawLens](/stories/thumbnails/documents-relevant-to-pleadings-may-be-produced-during-cross-examination-to-confront-witne-bdbd290cc2a842f5b5088cc6c7fad4c0.webp)
Civil Procedure and EvidenceCivil Law
Documents relevant to pleadings may be produced during cross-examination to confront witnesses without prior leave.
The respondents (plaintiffs) filed a suit for the cancellation of three sale deeds and a rectification deed, alleging they were executed by the petitioner (defendant no. 1) using a cancelled power of attorney without...
2 MIN READ→
![Consent of a minor below eighteen is immaterial for offences of kidnapping and penetrative sexual assault.. Shobhit Kumar v. State [2026:BHC-GOA:292]. Bombay High Court. LawLens](/stories/thumbnails/consent-of-a-minor-below-eighteen-is-immaterial-for-offences-of-kidnapping-and-penetrative-de3513b824954ec2ab359019dc697cdb.webp)
Criminal LawCriminal Procedure and Evidence
Consent of a minor below eighteen is immaterial for offences of kidnapping and penetrative sexual assault.
The Appellant was convicted by the Special Court, POCSO, Panaji, for kidnapping and raping a minor (aged 16 years and 9 months).
3 MIN READ→
![Criminal investigation into commercial loan defaults unsustainable absent evidence of dishonest intent at inception.. GTL Limited v. Central Bureau of Investigation & Anr. [Writ Petition No. 3631 of 2024; 2026:BHC-AS:10318-DB]. Bombay High Court. LawLens](/stories/thumbnails/criminal-investigation-into-commercial-loan-defaults-unsustainable-absent-evidence-of-dish-6b232446d0724dafb179ba21e17bf1a7.webp)
Criminal Procedure and EvidenceCriminal Law
Criminal investigation into commercial loan defaults unsustainable absent evidence of dishonest intent at inception.
The Petitioner, GTL Limited, sought the quashing of an FIR registered by the CBI on January 21, 2023, under Section 120-B r/w 420 of the IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.
3 MIN READ→
![Criminal investigation based on commercial decisions and inconclusive forensic audits lacks criminality and constitutes an abuse of process.. GTL Infrastructure Limited v. Central Bureau of Investigation & Anr. [Writ Petition No. 3632 of 2024]. Bombay High Court. LawLens](/stories/thumbnails/criminal-investigation-based-on-commercial-decisions-and-inconclusive-forensic-audits-lack-2ea3a5e67ee543fa99bcd948e0c84afb.webp)
Criminal Procedure and EvidenceBanking and Finance Law
Criminal investigation based on commercial decisions and inconclusive forensic audits lacks criminality and constitutes an abuse of process.
GTL Infrastructure Limited (GTLIL) sought the quashing of FIR RC2192023E0022 registered by the CBI on August 16, 2023, alleging criminal conspiracy and cheating under Section 120-B r/w 420 IPC and Section 13 of the Pr...
3 MIN READ→
![Statutory Appeal Under Section 9 MEPS Act is the Only Remedy for Reversion Amounting to Reduction in Rank. Smt. Rashmi Wd/o. Badam Kasar v. The State of Maharashtra & Ors. [2026:BHC-AUG:5685-DB]. Bombay High Court. LawLens](/stories/thumbnails/statutory-appeal-under-section-9-meps-act-is-the-only-remedy-for-reversion-amounting-to-re-448e25790360488ba315dfc09dcb9aa4.webp)
Employment and Labour LawAdministrative and Public Law
Statutory Appeal Under Section 9 MEPS Act is the Only Remedy for Reversion Amounting to Reduction in Rank
The Petitioner was appointed as an Assistant Teacher in 1992 and later promoted to Supervisor (30.07.2024) and Assistant Head (30.12.2024)
2 MIN READ→