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2023
- Directions of Election Authority to delete names of retired employees
- A clause in the Will for settlement of disputes between heirs does not constitute
- Accident compensation – IT return income Vs. Notional income
- Accident Insurance – Intimation of policy cancellation was not served on the insured prior to the accident – Third party claim- Direction to the Insurer first to pay compensation & recover from the owner is valid
- Accident of BMW Car – Covered by Insurance Policy and also by BMW Secure Advance Policy for new car in case of more than 75% damage – Repudiation of claim
- Agreement to collect octroi is an “lease instrument” to collect tax under Section 2(n)(ii) and liable to stamp duty under Article 36(i) of Sch.I of the Maharashtra Stamp Act.
- Application of society for deemed conveyance – Owner – Lessor
- Arbitral Award – Arbitrator, being creature of contract & the parties, can’t travel beyond terms of the contract
- Arbitral Award – Breach of International Contract – Measure for Damages
- Arbitral Award – Delay in making arbitration reference
- Arbitral Award – Reimbursement of entry tax and increase in toll tax – Contract clauses bar fluctuations in taxes
- Arbitral Award – Running Ledger Account – Determination of dues
- Arbitral Award – Marine Salvage contract – Claim for idle time charges – Challenge to the Award in Section 37 appeal is not maintainable
- Arbitral Award for compensation of 3 months as against 17 months for remaining lock in period of lease
- Arbitral Award of Rs.1354 crores in favour of Reliance Infrastructure upheld by the Calcutta High Court
- Arbitration – Confidentiality – Sealing Order – Precautionary measures
- Arbitration – Contractual dispute does not become non-arbitrable because it involves serious fraud.
- Arbitration – Enforcement of Foreign Award – Jurisdiction of the Court – Asset of Debtor
- Arbitration – Legality of condition of pre-deposit for initiation can be considered by the Court in Section 11(6) of AA application
- Arbitration – Section 11 – Section 19(2)(a) of the Partnerships Act – Invocation of arbitration by one set of partners of the partnership – Notice is defective
- Arbitration – Section 37 – Issues never canvassed before the Arbitrator and in section 34 petition cannot be raised afresh in appeal
- Arbitration – Section 8 – Arbitration clause in tripartite agreements was basis for subsequent agreements challenged in the civil suit
- Arbitration –Maintainability of Section 9 Application against MSME
- Arbitration for employment disputes
- Arbitrator – Appointment at the instance of Bank as financial investor
- Arbitrator – Ineligibility for non-disclosure of representation in the High Court for one of the parties to the arbitration – violation of mandate of Section 12 of AA – Award was set-aside.
- Arbitrator – No powers to implead non-signatory third party to arbitration proceedings without consent
- Arbitrator – Appointment – No law for Re-invocation of arbitration agreement for fresh application – Unstamped loan documents containing settlement of disputes by arbitration
- Arbitrator Fees – separately for the claim and separately for each counter claim in the dispute – Notification 31.10.2023 of the Bombay High Court
- Arrest & Detention by the Police – Important Circular dated 21.10.2023, check list for Police Officers and Guidelines of the Bombay High Court
- Artificial Intelligence – Policy Brief of 12.12.2023 – Comprehensive, Informative, Illustrative study and analysis by PRS India Legislative Research
- B.Ed. qualification for primary teacher post
- Bank official is not entitled to protection of Sec.197 Cr PC
- Banks Vs. Home Loan Borrowers Vs. Return of original documents after loan is fully paid = Hardship & Inconvenience
- Bhopal Gas Tragedy – Web Series – Stay sought by two former managers of Union Carbide Co and Right to pre-screening
- Bill of 2023 – Use of birth certificate for public services and database
- Bill of Entry – Mistake of importer in giving incorrect GSTN number can be corrected under Section 149 of the Customs Act 1962
- Biogas Blending mandatory with piped natural gas supplies – Roadmap for greener future and sustainable energy
- Bombay HC Upholds Arbitral Award against HPCL – Termination of Contract Declared Illegal
- Bombay Rent Act – Right to inherit tenancy after the death of tenant – Landlord-tenant relationship subsists even after death of tenant
- Cancellation of GST registration without assigning reasons in the show cause and the order – Illegal
- Captive Electricity Generating Plant and Captive User – Interpretation of important issues by the Supreme Court
- Change in Wind Power Purchase Tariff – Prospective
- Change of user of premises from residence of employee to guest house for employees – Public Premises Eviction Act 1971
- Charge-sheet – documents / material produced by accused and also seized during investigation were not filed – Sections 91 and 173(5) of Cr PC
- Chartered Accountant – Student pursued multiple courses with permission of ICAI and on completion of CS course sought enrolment – Subsequent refusal of ICAI for enrolment – Illegal
- Child – dispute for custody – Child staying with father reluctant to go with the mother and even to talk to her – Efforts of the Supreme Court and numerous efforts of Amicus Curiae for mediation should be lauded.
- Cinematograph Bill of 2023 to curb Piracy and other salutary provisions
- Civil Suit against Insurance Company for damages to the owner’s vehicle is maintainable and bar of Section 175 of the MV Act is not applicable.
- Commercial Court – Jurisdiction – every dispute of property and MOU for development of property per se is not “commercial dispute”
- Compensation claimed initially under Motor Vehicles Act 1988
- Compensation for permanent disability
- Compensation for permanent disability of child aged 9 years
- Complaint of bribe given in obtaining International Re-insurance Contract
- Consideration of agriculture income for motor accident compensation
- Consolidation Scheme was challenged after 50 years and that too, in appeal under Section 247 of MLR Code – Order allowing application for condonation of delay in filing appeal.
- Constable in Railway Protection Force is a “workman” under Employees (Workmen) Compensation Act 1923.
- Consumer complaint for fire insurance claim
- Contempt of Courts – Punishment of suspension of Doctor’s licence
- Contributory negligence & pillion rider
- Coop Housing Society – Unique provision of disqualification of Managing Committee for non-supply of documents to members.
- Copyright – Spare parts of Computer are not “artistic work” under the Copyright Act 1957 – FIR for its sale is illegal
- Copyright Act, 1957 – Interplay between Section 60 and its proviso on suit for declaration that the allegations of copyright infringement by the defendant were groundless.
- Copyright Law Vs Playing songs in Marriages
- Corporate Criminal liability of erstwhile Bank on successor Bank after amalgamation under the Banking Regulations Act.
- Costs of Rs.3 lakhs imposed by the High Court on authorities is donated by the petitioner-student to Tata Memorial Hospital
- Covid duty and quarantine period (total 150 days) are counted as bond service period of two years for Post-graduate Medical Student.
- Customs – Pilferage of seized goods kept in the custody of Customs Cargo Service Provider – Section 117 of the Customs Act & Regulation 5(6) & 12(8) of Handling of Cargo in Customs Area Regulations, 2009.
- Cybercrime in India – Informative analysis by Harsh Bhalke, Law Student of ABMSP’s Yashwantrao Chavan Law College, Pune
- Dark Patterns – use on Online Platforms to mislead consumers – Salutary guidelines of protection
- De-registration of the Cooperative Housing Society – Section 21A of the Maharashtra Cooperative Societies Act, 1960 – Amended Section 14 of the Apartment Ownership Act.
- Death of truck driver on duty due to health deterioration – it is an “accident”
- Decide yourself if AI Regulator is required?
- Deemed conveyance for society of bungalows at JVP Mumbai
- Delay in and short delivery of consignment – Deficiency in service – Carriage by Air Act 1972 – Contract Act – Consumer Protection Act
- Deletion of online references as “accused” after acquittal in cheating case
- Demurrage charges are not includible in the assessable value of imported goods – CESTAT Ahmedabad decision
- Digital Services Act of European Union – Far-reaching changes – May effect even beyond boundaries of EU countries
- Dissenting or Minority Arbitral Award or Opinion is not an “Award”
- Dividend Income – Tax Credit to Joint Venture – Oman Tax Laws and Double Taxation Avoidance Treaty
- Draft Broadcasting Service (Regulation) Bill 2023 is issued for suggestions and comments from the public.
- Duty of Referral Court to examine dispute to screen the parties from being forced to arbitration
- E-rickshaw – Pune District – Appointment of Consultant – Maharashtra Electric Vehicle Policy 2021
- Ease of doing business for media & publishing companies
- Electricity Transmission Lines – Powers to determine compensation for use of lands – Interplay of Government Resolutions of State Government Vs Telegraph Act, 1885 & Electricity Act, 2003 –
- Employees Compensation Act –Compensation for accident – If loading / unloading worker while loading coconut tree in stationery lorry is employee under Clause (c) of first proviso to Section 147(1) of the MV Act, 1988?
- Employees Compensation Act, 1923 – A person engaged in hiring mike set for rent is not an “employee” within the meaning of Section 2(1)(dd) of 1923 Act but a contractor –
- Environment – Green Credits Program for individuals and entities for conservation and protection – Pioneering & Innovative
- EPF Act – application to two institutions of same Society since there is financial integrity and the funds have been given by the Society to both the institutions.
- Ethanol is not covered by the Bombay Prohibition Act – Seizure by Excise officials illegal and perhaps seizure was made to cater to the private interests of third parties.
- Execution of Decree – Section 54 CPC – Endless process – Chequered history of 1956 partition suit filed in 1956 and decree passed in 1957 – Till today the plaintiffs to get possession for objections of subsequent transferees.
- Exparte decree – Interplay of Order IX Rule 13 & Explanation to Rule 2 of Order XVII of CPC
- Facts about auction by the Bank must be made known to the parties
- FAR REACHING SEBI AMENDMENTS OF 14 JUNE 2023
- FEMA – Foreign remittances of Jaipur IPL franchisee in 2008 – Violation – Burden to prove and quantum of Penalty – Specific finding on the specific role of individual is essential for imposing penalty
- FIR for offences under Sections 420 & 120B of IPC and Sections 3 & 7 of the EC Act, 1955 for sale of hydrocarbon mixture as petrol or diesel –
- Fire Policy – Multiple reports on cause of fire – Seven suggested “short circuit” & two negligence of the insured – HELD cause of fire is immaterial if the claimant is not the instigator of fire.
- Foreign Lawyers – enrolment in India – South Korea national who has taken law degree in India applied for enrolment – Proviso to Section 24(1)(a) of the Advocates Act -Interesting facts and interesting case.
- Freedom of religion Vs. State Prohibition Law
- Garage owner – Can he become regular member of Coop Housing Society – Interesting facts of the recent decision
- Gold Jewellery of Iranian Nationals seized at the airport was sold even before confiscation by the Customs.
- Gram Panchayats want motorable roads but not hot mix plants in their area
- Gratuitous passenger – Traveling in goods carriage vehicle to attend marriage ceremony
- GST – Cancellation of Registration – Show cause notice, order and also appellate order are Illegal
- GST – Availment of Input Tax Credit – Actual physical movement of goods is essential including vehicle number, payment of freight, acknowledgement of taking delivery of goods, payment, etc.
- GST – Denial of Input Tax Credit for non-reflection in GSTR 2A as it is not under the control of the petitioner – Assessing Officer is required examine credits availed by the taxpayer – Kerala High Court
- Gujarat State CDR Commission – Marine Policy
- High Court can grant stay to compensation award even pending application for condonation of delay in filing appeal
- HIV – medical negligence – discharge of IAF official from service – landmark eye opener Judgment dated 26.9.23 of the Supreme Court of India
- Housing Society – Resolution of General Body to levy compulsory charges on members for cultural activities – Legal
- Housing Society Vs. Flat owner & Rental Rights of students
- IBBI – Real Estate – CIRP & Liquidation – Discussion Paper of 6.11.2023 on proposed key changes to ease the process
- IBC – Auction – Liquidator cannot cancel an auction on expectation of higher price in fresh auction
- IBC – Effect of Notification of mortarium exemption to the aircraft succinctly summarized in the Article of CAM authors
- IBC – Inclusion of claim in CIRP at a belated stage and after approval of RP by COC but before approval of Adjudicating Authority is not permissible.
- IBC – IRP Appointment – Disciplinary Committee – Important questions of law and public importance raised in the writ petition
- IBC – Salutary order of the Supreme Court for value maximization of Corporate Debtor.
- IBC – Suspension of RP registration
- IBC – To reduce cost, simplify and ease of compliance under Regulations -Suggestions vide IBBI release of 12.10.2023 – Salutary and much-needed reforms to reduce compliance burden
- IBC – Aircraft – Section 14(1) shall not apply to the transactions, arrangements or agreements under the Convention and the Protocol, relating to the aircraft, aircraft engines, airframes and helicopters.
- IBC – Home Buyers – Innovation of Reverse CIRP
- IBC – Insolvency Professional Entities – Discussion Paper launched by IBBI on 20.10.2023 on important issues on need for enhancing their effectiveness – Submission of comments by 11.11.2023
- IBC – Liquidator’s fees – Clarification Circular dated 28.9.2023 on the different interpretation of terms -IBBI (LP) Regulations 2016
- IBC – NCLAT – Section 9 application – Collusion of Corporate Debtor & Operational Debtor to overcome RERA orders for protection of home buyers
- IGST duty refund Vs. Higher Duty Drawback – Zero rated export
- Imagine the plight of illiterate Insured lady misled by the Insurance Agent
- Immunity to Contractors of Maharashtra Samrudhi Mahamarg from illegal excavation of minor minerals
- Imperative need for cyber insurance – Times Special informative article
- Imperative Need for Sports Law Regulations
- Important decision of NCLAT – NFRA Vs. ICAI on Disciplinary matters of Chartered Accountants –Chartered Accountants Act, 1949
- Important for Health Insurers and Insured
- Important for Housing Societies – Deemed Conveyance
- Important for HT Electricity Consumers
- Important for the Doctors and the Hospitals
- Important judgment on the issue of “relevant date” for market value for charges for change of user from industrial to residential.
- IMPORTANT legal issues for every IT Assesses
- Important PIL to regulate and frame comprehensive guidelines for advertisements by Corporate Hospitals – Supreme Court issued the Notice
- Income Tax Act 1961 – Offence under Sections 276-B read with 278-B – In the absence of mandatory notice of Section 2(35)(b) delivered to the Director – accused no.8, he cannot be treated as principal officer for prosecution.
- Injunction against enforcement of permanent injunction of Singapore Court against plaintiff from pursuing NCLT petition in India.
- Innovative initiative – Information of historical stepwells on the postcard –
- Inordinate delay of 13 hours in train service – deficiency in service by Railway – Compensation of Rs.50,000/- granted.
- Insolvency – IBBI -Salutary decision to frame guidelines and panel in advance for appointment of Interim Professionals to avoid administrative delay
- Insolvency – Litigation Funding Agreements – Liquidator
- Insurance – Insurer’s Right to Recovery & Burden on Insurer to plead and prove wilful breach of duty of vehicle owner
- Insurance contract – good faith equally applies to both parties
- Insurance Coverage Vs Exclusion
- Insurance policy is governed by contract – If there is breach of non-payment of premium
- Interest for delay in actual payment of compensation for land acquired under National Highways Act 1956
- Interesting facts – who is responsible for accident
- IRDAI – Amendments of 10.10.2023 to the Master guidelines – Anti-Money Laundering / Counter Financing Terrorism
- IRDAI – Arbitration Clause in General Insurance Policies – Amendment by IRDAI Circular dated 27.10.2023
- IRDAI – Cover note of 12.12.2023 on Exposure Draft and inviting comments / suggestions on unification of two Regulations of 2015 and 2016
- IRDAI – Insurance – Important Exposure Draft on IRDAI (Insurance Products) Regulations, 2023 – Published on 12.12.2023 inviting comments / suggestions.
- IRDAI – Circular dated 3.11.2023 – Account Aggregator – Participation of the Insurance Sector in the next digital innovation
- IRDAI – Circular dated 30.10.2023 effective from 1.1.204 – Revision of Consumer Revision Sheet – Salutary to explain the basic features of policy and necessary information in simple words
- IRDAI – Cyclone Michaung – Circular dated 18.12.2023 – Salutary decision to grant special dispensation to General Insurers and increasing limit of losses for appointment of Surveyors and Loss Assessors
- IRDAI – Insurance Ombudsman Rules, 2017 – Salutary amendment to raise ceiling on award of compensation is raised from “Rs.30” lakhs to “Rs.50” lakhs vide notification dated 9.11.2023.
- IRDAI (Bima Vahak) Guidelines, 2023 – issued on 9.10.2023
- IRDAI & IIISLA Vs Surveyor & Competition Commission of India
- IRDAI Circular dated 18.10.2023 for inbuilt mandatory insurance under IMT-29 in a private car policy for employer vehicles used by the employees.
- IRDAI Circular dated 24.11.2023 – Discontinuation of filing of certain returns by the Insurers and the Insurance Brokers
- IRDAI Circular dated 9.10.2023 – Prevention of financing to WMD – duty of stake holders to prevent financing and verification on periodic basis
- IRDAI Circular of 21.11.2023 – Clarification of “without delay” for sanctions to Terrorism, Terror Financing & Proliferation Financing means “preferably on the same business day but not later than 24 hours in any case” for Section 12A of WMD Act, 2005 and UAPA 1967.
- IRDAI Order dated 10.11.2023 – Whether penalty of Rs.3 lakhs on broker is “appropriate” for grave misconduct of submission of forged certificates – For consideration and views
- IT & IT Services New Policy of Government of Maharashtra
- IT Act – Govt subsidies, duty drawback, incentives, exemptions and waivers given to projects / industry are income – Finance Act of 2015 – Constitutional validity – Judgment of the Bombay High Court
- Lease – Right of lessees / sub-tenants to extension and renewal after expiry of initial lease period – Section 81B of MM Corporations Act, 1949
- Leave and Licence Agreement – Order XV-A and Order XXXIX Rule 10 of CPC – Powers of Court to order deposit licence fees at the interim stage in a suit other than for eviction.
- Legislation on Right to Health – To my mind, it may be first of its kind in the country and comprehensive –
- Levy of Service Charges for recording transfer or assignment of life insurance policy is not legal – Section 38 of the Insurance Act 1938
- LMV Driving Licence & Transport Vehicle – Review of 2017 Judgment of the Supreme Court to consider consequences and social issues
- LMV Licence Vs. Transport vehicle licence
- Mahabharat quotation “Tiger protects Forest and the Forest guards the Tiger” – invoked for Tiger Reserve in Goa
- MahaRERA – Comprehensive & salutary Reforms for 2024 – 19 pages consultation paper as per of Section 14(3) of the RERA 2016 for public comments
- Major Reforms – Private Sector in exploration of Mines and Minerals
- Manual Scavenging – Comprehensive Order dated 20.10.2023 of the Supreme Court for implementation of two Acts of 1993 and 2013.
- Mediate and not litigate. The future of mediation in India lies in its ability to impact the social change – Excellent guiding article and story on Mediation by distinguished Dr. Balram K Gupta –
- Mediation – Proposed changes in the Rules of the Bombay High Court – Notification dated 13.12.2023 inviting suggestions by 31.1.2024.
- Medical Negligence – This is a classic case of human fallibility where the doctors tried their best as per their expertise but desired results could not be achieved.
- Mediclaim – Exclusion of expenses for surgery for prolapse disc on the ground that it was not related to trauma but chronic condition
- Mediclaim Insurance – Claim – IRDAI – Cap on treatment in AYUSH Hospital as compared full reimbursement for Allopathy treatment is unreasonable –
- Minority members (less than 10%) of the society have no right to hold up re-development of dilapidated buildings
- Mobile addiction of Children – Curfew on time limit
- Mobile Tower – objection of Gram Panchayat
- Mortgage of the Bank and sale certificate of mortgaged property in auction shall prevail over order of attachment of the Civil Court
- Motor Accident Compensation Claim
- Much awaited IRDAI Circular dt 4.8.2023 on HDFC merger
- National Online Quiz on IBC – first of its kind
- National Scholarship Scheme – Students of unaided private schools are ineligible
- Need for Consumer Education in Insurance sector
- Negligence of truck – non-wearing of helmet by motor cycle rider is insignificant
- New Arbitrator – appointment – If Section 11(5) or Section 14 of AA applies?
- New Regulation 3A of IBC Regulations 2016 requiring personnel of Corporate to provide assistance and cooperation to IRP / RP
- NLU Delhi launches Joint Masters in IP Law and Management (msn.com)
- No distinction between Stone quarrying and Stone crusher to protect environment of Sanctuary
- No legal presumption on abandonment of arbitration claim
- Not allowing own bags to carry purchased goods from the shop premises and charging Rs.20/- for a carry bag with printed logo amounts to an advertisement, deficiency in service and unfair trade practice.
- Notice for inquiry sent on whatsapp on the date of retirement
- Notice to dead assessee to reopen IT assessment is not legal
- Obligation of Children to ensure that parents senior citizens lead normal life with dignity and security.
- Offence of Section 294 IPC – Obscene acts and songs must be at public place – Dancing Girls wearing short clothes and dancing at Banquet hall of Resort is not public place – Offence is not attracted. FIR quashed.
- Online independent system for reservation of beds for poor and impecunious patients in charitable hospitals
- Open Plot – Unilateral Deemed Conveyance for society of composite members – (constructed bungalows and open plot holders)
- Order I Rule 10(2) of CPC – Owner is a necessary party to the suit of tenant challenging the notice of Section 53(1) of the MRTP Act – Application of owner to implead in the suit is maintainable.
- Organ donation – Consent of donor before death and consent of relative after death – Conflict – Important issue pending adjudication before the Supreme Court
- Organ Donation – No presumption of exploitation if the organ donor comes from disadvantaged class of the society – Refusal of the Committee to give permission – Illegal
- Passport – Debtors Recovery Tribunal directions for surrender of guarantor’s passport in recovery proceedings – Illegal
- Pay-scales of AICTE if can be given to the teachers and employees of technical schools governed by the provisions of MEPS Act, 1977 (State Act) & Rules of 1981
- Pension – Struggle of Hamal of Savitribai Phule Pune University for pension after 30 years of service – Salutary observations of the High Court are “eye opener” for the authorities of Government.
- Permission for flatted building on a plot of coop housing soceity – Byelaws or amendment not registered / approved is not valid and enforceable
- PG Medical Students entitled to incentive marks for Covid duty in government appointments – Decision of the Madras High Court
- Pioneering and salutary model draft of Legal Audit Act – essential for certification of contracts and business of establishment
- Place of accident Vs Place of filing compensation claim
- Pollution – Order to close distillery unit – Personal hearing was given at 5 to 5.45 pm of 27.9.2023, on the same day closure order was passed late hours and emailed at 1.38 am on 28.9.2023 –accelerated decision making resulted in several errors and non-consideration of important facts.
- POSH Act & Rules 2013 – Implementation – Supreme Court issued various salutary directions for implementation under various seven heads by the Supreme Court –
- Post on Social Media – merely “liking” another person’s post will not amount “to publishing or transmitting the post” and is not a crime covered by Section 67 of the Information Technology Act, 2008.
- Pre-litigation dispute settlement – Mediation
- Primary school record – Corrections of change of caste and date of birth – Rejection of request since the student had left the primary school – Regulation 26.3 of the Maharashtra Secondary School Record permits only corrections of “obvious mistakes” –
- Principles of Natural Justice – Intricate inquiry procedure may result counterproductive – School is unable to punish an employee who has committed gross misconduct of sexually assaulting minor girl.
- Profits or gains from foreign currency fluctuations cannot be treated as export income for deduction under Section 80HHHC of IT Act, 1960.
- PUMA shoes – infringement and sale of counterfeit shoes by Agra Shop Keeper – Injunction, damages of Rs.10 lakhs and costs of Rs.2 lakhs granted by Delhi High Court.
- Purchase order and invoice between plaintiff and defendant did not contain arbitration clause. The arbitration clause between the defendant and other companies is not applicable. Section 8 of the AA cannot be invoked.
- QR Code on Trees – Geo-tagging – Important news and article for Nature Lovers, Municipal Councils / Corporations, Activists, Researchers, Schools and the students.
- Quasi-judicial Caste Scrutiny Committee – No powers of review caste validity certificate – Tribe Certificates given in 1992 to 2005 and validated in 2005, 2011 and 2012 were reviewed and invalidated in 2022 – Illegal
- Question whether Section 42A of POCSO Act prevails over Section 14A of the SC / ST Atrocities Act which provides for appeal remedy against an order granting or refusing bail.
- Re-development of Chawls – Interesting facts and important decision
- Redevelopment – Third party flat purchasers from developer have no privity of contract with housing society, its property and redevelopment
- Redevelopment – NOC of the Bank for the mortgaged flat – Unique order of the High Court of Bombay to balance competing equities
- Redevelopment of Chandan Cinema in Juhu in the vicinity of defence establishment – Notification of 19.7.1976 – Works of Defence Act
- Redevelopment of dilapidated building
- Remedy against appellate order of National Consumer Commission
- Report on Road Accidents of 2022 – seven key takeaways of the Report and the statistics are “eye opener” for all of us
- Repudiation of claim of Rs. 5 crores on the ground of concealment of material facts – Earlier insurance history information was concealed and date of birth (14.10.1960) given in the form did not tally with the birth certificate of 1961 is Illegal.
- Repudiation of Fire Insurance Claim on Surveyor’s report – Legality
- Repudiation of insurance claim for fire accident is illegal on three grounds as held by the National Consumer Commission
- Right of owner to redevelop property Vs insistence of tenant(s) for “repairs”
- Right to nominate Committee of Arbitrators is forfeited if no action is taken
- Right to Privacy & Right to be forgotten Vs. Freedom of Press
- Rights of heirs of Executor of Will & also legatee / beneficiary
- Rule 86A of the CGST Rules – State Tax Officer has powers to block input tax credit – Sections 5 and 6 of CGST Act and MGST Act
- Sanction – Public Servant – Prevention of Corruption Act, 1988 – Sanctioning authority granted sanction at the dictum and opinion of the Law Department – Illegal
- SARFAESI – Refusal of District Magistrate to execute order for possession of secured assets only on the objection of Third Party – Illegal
- SC observations on the unfair stand of Insurer against Insured
- Scholarship to the Scheduled Caste students – direct transfer to their accounts instead of earlier transfer to the accounts of private institutions – Legality of change in Govt policy from 2021
- Sealing of office for investigation and search – Powers of Customs – Section 105 of the Customs Act 1962
- SEBI’s recent adoption of ODR and SBI Complaint Redressal System
- Second holiday home – you can have – salutary takeaways of SEBI Guidelines allowing Fractional investment and ownership holiday home – you should know
- Section 91(1)(b) of the Code of Civil Procedure, 1908 – pre-requisites for Leave to institute a suit in public interest
- Section 11 of Arbitration Act – Place of Arbitration – Delivery challans Vs. Purchase order –
- Section 135, 138 and 151 of the Electricity Act, 2003 – Offences could not be invested by the police and no cognizance can be taken on the charge-sheet filed by the police officer.
- Section 24 of CPC – Transfer of Section 12 PWDV Act application to the Family Court
- Section 28A of the Land Acquisition Act, 1894 – Maintainability of Application for re-determination of compensation
- Section 31(7)(b) of the Arbitration Act – Interest @18%
- Section 31D of the Copyright Act – What it permits and What it prohibits – interesting dispute between Tips and Wyank
- Section 34(4) of AA -Application for remand to the Arbitrator to eliminate grounds of challenge to the arbitral award on certain issues –
- Section 357-A Cr PC – Victim Compensation Scheme – Minor children of victim wife – Husband poured kerosene on the wife for not giving money for liquor and caused her death
- Section 36(3) of the AA – Unconditional stay to the Arbitral Award for money – Illegal – Conjoint application of Section 36(3) and Order 41 Rules 5(1) & 5(3) of the CPC
- Section 438 of the Cr PC – Maintainability of Anticipatory bail application of an accused who is already arrested and in custody in another crime
- Section 46 of MRTP Act – NOC of Defence Establishment for development within its vicinity – Validity of Circulars – Works of Defence Act 1903.
- Section 482 – Cr PC – Second petition on the grounds available at the time of filing first petition but not raised in the first petition, is not maintainable
- Section 7 of IBC – Interplay of Sections 5 & 18 of the Limitation Act for counting period of limitation.
- Section 8 of AA – If arbitration agreement is brought to the notice of Commercial Court in written statement, it is sufficient compliance and its jurisdiction perishes even in the absence of formal separate application.
- Section 80P of Income Tax Act 1961 – Deduction – Cooperative Society for profits arising out of credit given to its members
- Section 9 of AA application for interim measures is maintainable even if there is legal deficiency of insufficiently stamped or unstamped Arbitration Agreement
- Section 9 of the AA – Interim Injunction – Interpretation of deed of copyright transfer – whether for remake only or also for sequel
- Section 96 of IBC – Interim moratorium commences only after application is given regular case number by NCLT
- Sections 17 and 18 of MSMED Act 2006 – Principles of Limitation are applicable to the claims for “amount due” and if Claims are stale / dead, they cannot be entertained – Full Bench Judgment of the Bombay High Court
- Sections 17 and 37(2)(b) of AA – Legality of Arbitrator order refusing interim relief since Term Sheet is not a concluded contract.
- Sections 26 and 27 of the Arbitration Act – Appointment of Advocate Commissioner for inspection of property to assess market value pending arbitration application under Sec.3G(5) of NH Act 1956
- Sections 28, 108, 112(a), 112(b), 113A, 129A and 138B of the Customs Act – Order for confiscation, recovery of duty for concealed goods, interest and personal penalty
- Sections 32A and 33(5) of IBC overrides Sections 5 & 8 of PMLA & – Attachment of auctioned property under liquidation under PMLA is illegal
- Sections 9 and 11 of the Arbitration Act & SARFAESI Act – Arbitrator OR DR Tribunal – Petitioner is non-banking financial institution giving loans for purchase of vehicles.
- Security Guard at Safdarjung Hospital during Covid-19 lost his life Compensation -PM Garib Kalyan Package – Insurance for workers fighting Covind-19”
- Senior Citizens Act, 2007 – Annulment of Deeds of Property Gift to the son for denial of basic amenities to the mother
- Service Jurisprudence – Importance of clean acquittal for appointment in police service
- Service Law – criminal case Vs. departmental inquiry on the identical charges, same evidence, witnesses & circumstances – Effect of subsequent acquittal in criminal case on earlier dismissal in departmental inquiry.
- Smart Mirror – Interesting technology and features – Today news article in Sakal marathi newspaper (pune edition)
- Stamp duty paid in 2013 – Refund application made in 2019 – period of limitation – Section 48 of the Maharashtra Stamp Act
- Stray dog bite on public roads – Compensation of Rs.10,000 per tooth mark of dog and various directions issued in the Judgment of PH High Court
- Suit for eviction – Effect of sale of premises by owner during pendency of suit – Order 22 Rule 10 of CPC – Procedure in case of assignment before final order in the suit –
- Summary of Six Judgments dated 17.4.2023 of the Supreme Court of India
- Super area – extra amount of increased sale area – Developer must give reasons, computation & calculations
- Suppression of material fact of involvement in a criminal case by a candidate seeking recruitment to the police force – Cast serious doubt on the character and the antecedents sufficient to disentitle him from employment
- Suspension of Assistant Teacher – Motor accident offences – Illegal – Such offences do not involve moral turpitude – Statute 433-A(3)(A)(i) of Savitribai Phule Pune University
- TDR Certificate for DP Road of 30 mts width used in the land of Coop Housing Society in Bibavewadi Tq Haveli District Pune
- TDR for Development of road constructed in 2011 in Pune Municipal Corporation area at the cost and expenses of members of the Petitioner – CREDAI-METRO PUNE Association
- Tender conditions – law does not compel a man to do that which he cannot possibly perform.
- Termination of Bus Conductor for alleged misconduct
- Trade mark dispute – Clearance of imported goods
- Trademarks – Anna Idli Gruha – ANNA – Doctrine of Prosecution History Estoppel
- TRAI – New Directives of 8.11.2023 to end harassment of “Unsolicited SMS messages and phone calls” – Now consent of user is mandatory
- TRAI – Reduction in Entry Fees for mobile and other telecom sevice licences – Salutary Recommendations
- Trailer attached to the Tractor was not insured – SC exercised powers under Art.142 of the Constitution in exceptional circumstances
- Tree cutting for Ease of Doing Business Vs. Sustainable Development
- Two anti-podal petitions under Section 9 of the Arbitration Act for diametrically opposite prayers of Developer & another of Housing Society.
- UGC – Foreign Universities now in India – Guidelines notified on 8.11.2023.
- Unique & Innovative – Clothes Rental Service by Japan Airlines
- Unique theft of truck, consumer case for insurance claim & stand of Insurer unfolded in the Judgment dated 31.7.2023 of the Supreme Court
- Unstamped Arbitration Agreement – Impounded by Bombay HC and sent for stamping to the Authority
- Unthinkable – Bengaluru prefers tenant with 90% in Class 12th
- Usage-based or telematics car insuranc
- Venue of Arbitration – Mumbai shown in the invoice of applicant-supplier and Kolkatta in the purchase order of respondent
- Very interesting facts on answer Key to 4 Questions of Preliminary Examination for post of Civil Judge of Uttarakhand
- VRF Group AC system – Electricity – Can Distribution Company force a group of consumers to opt for HT instead of multiple Low Tension connections?
- Water sports – Entertainment Duty – validity of proviso to Section 3(1) & (5A) of the Bombay Entertainment Duty Act, 1923, as inserted by Amendment Act of 1998, upheld.
- Welfare of Senior Citizens – Salutary decision of Gram Panchayat
- Women Self-Help Group (Bachat Gats) – No preferential rights in Tender for Take Home Ration (nutrition food) through 1,10,446 Anganwadi Centres
- Workman – Offensive face book posts inciting workmen against the Company – Termination is legal
- Yeoman service to Women – much needed facility of ladies room in public building
2024
- (no title)
- “Ghee” is “livestock” product – regulation and sale in the notified market areas – Interesting question – AP (Agricultural Produce and Livestock) Markets Act, 1966
- Access of Justice – Probono works- Role of Lawyers – Salutary Recommendations of 143rd Parliamentary Committee Report tabled in the Lok Sabha on 7.2.2024
- Accident – Contributory Negligence of Driver – A passenger is not a backseat driver.
- Accident – 100% permanent disability and mental disability – Salutary principles for compensation
- Accident compensation – Death of Victim disputed in view of Postmortem Report
- Admission – Allahabad University -No rules or the terms of eligibility could be added or changed after the notification was issued.
- Admission to Engineering College against reserved category and to produce caste validity certificate before cut-off date – Certificate was produced after cut-ff date – Admission was cancelled – Legality
- Admission to MBBS course – Non-creamy layer Certificate obtained on false and suppression of information and true facts.
- Advocate – Bank Panel of Advocates – Due Diligence of Title Reports – – Subsequently the title deeds were found fake – Negligence in discharge of professional duties –
- Amazon – NGT – Penalty for violation of Sewage Treatment Plant standards
- Appeal against order for registration of housing society is maintainable Sec.152 of MCS Act
- Appearance of Advocate in VC hearing in a moving vehicle – undermines judicial process
- Appointment in Railway Protection Force – Denial based on pregnancy
- Arbitral Award – Claim barred by limitation – Sec.14(1) of the Limitation Act Exclusion of period of earlier proceedings – Patent illegality & Violation of Public Policy- Interference under Section 34 of AA –
- Arbitral Award – Important question – Whether non-obstante clause in Section 18(1) & (4) of MSMED ACt, 2006, override arbitration agreement and venue of arbitration chosen by the parties?
- Arbitral Award – One Award applied in other 9 References and secondly, such an Award for specific performance of the agreement in respect of immovable property without its identity with certainty is illegal
- Arbitral Award – Section 34 – One of the challenges was to the order dated 10.10.2022 dismissing application for additional documents after completion of oral evidence and arguments of the claimant.
- Arbitral Award – Transfer of Domain name – IN Domain Name Dispute Resolution Policy – National Internet Exchange of India (NIXI)
- Arbitral Award – Contract is voidable at the instance of Contractor – NHAI
- Arbitral Award – Inadequately stamped – Cannot be enforced
- Arbitral Award – Indian Stamp Act – Powers of Executing Court
- Arbitral Award – Unconditional stay – Interplay of two provisos to Section 36(3) of AA
- Arbitral Award based on Draft Supplemental Agreement
- Arbitral Award in the nature of money decree – Stay – Interplay of Sections 36(3) and 37 of the Arbitration Act and guiding principles
- Arbitral Award of Arbitrator unilaterally appointed is nullity even if the respondents did not appear and even if no objection is taken by the respondents
- Arbitral Award on domain name “Harvard” – Important Judgment of the Delhi High Court
- Arbitration – Application under Section 8 of the AA read with Section 151 of CPC for dismissal of civil suit in view of arbitration clause –
- Arbitration – Section 34(3) – Limitation – Award of Institutional Arbitration – Different dates of receipt of Majority and Dissenting Awards – Calculation of Limitation
- Arbitration – Arbitral Award passed as per the arbitration notice dated 30.10.2018 was quashed under Section 34 in 2023 – Fresh notice under Section 21 is not necessary for invocation of arbitration & appointment of Arbitrator
- Arbitration – Claim for Specific performance – Limitation
- Arbitration – Costs on claimant prosecuting litigation from 2002 to 2024
- Arbitration – Expiry of Lease Deed
- Arbitration – Interim Award / Order to implead non-signatory respondents to arbitral proceedings – MOU permitted non-signatory to invest in the projects and perform contract.
- Arbitration – Non-signatory party but Respondent Nos.3 to 5 are vertical party to the loan agreement and connected with loan documents & transaction –
- Arbitration – Non-signatory purchaser of property
- Arbitration – Observations of Supreme Court – Eye opener on Arbitral Process
- Arbitration – Patent illegality in passing Award without deciding questions of fraud
- Arbitration – Principal of business efficacy” to interpret commercial contract
- Arbitration – Scope of powers under Section 37 including remand
- Arbitration – Section 11 – Limitation – Delay of six years in making application for appointment – Whether Section 21 notice or claim for repayment is time barred
- Arbitration – Section 11 – Parties agreed for arbitral institution which insists for its membership – Important question whether arbitral institution can insist for such membership
- Arbitration – Section 11 of the AA – Directors, who are not party to the Arbitration Agreements cannot be made party – SC Judgment in Cox and Kings Ltd case is distinguished.
- Arbitration – Section 37 – Question of law can be raised in appeal for the first time
- Arbitration – Termination of License Agreement of SBI Card for its Mobile App – Transition period of 12 months – Interim protection to prevent interruption of services
- Arbitration – Bar of Section 42 – Territorial Jurisdiction
- Arbitration – Letter of Intent – Two Contract Case – Amenability to arbitration proceedings
- Arbitration – MSME Registration after conclusion of the contract
- Arbitration – Section 84 of Multi State Coop Societies Act
- Arbitration & MSME Act – services given after registration as micro enterprise
- Arbitration & MSME Act 2006
- Arbitration & MSMED Act – Seat of Arbitration & Exclusive jurisdiction
- Arbitration Act – Execution of Arbitral Award – Failure of Award Debtor to appear in Court – Important Directions of the Bombay High Court for attachment of Bank Accounts and non-bailable warrant.
- Arbitration Act – Mandate of Arbitrator – Sections 29A(4) and (5) – Court has powers to extend mandate of Arbitrator and extend time retrospectively even after award was passed – Kerala High Court
- Arbitration Act – Section 34 – Appeal – Delay in filing – Mandatory duty of the District Judge to inquire and find out the date when copy of Arbitral Award was received to record finding on delay.
- Arbitration Act – Section 9 interim relief after termination of the Agreement
- Arbitration Act – Sections and 8(2) – Certified copy of the original Award attested by Notary Public fulfills the mandatory requirement to refer the dispute in the civil suit to arbitration – Calcutta High Court
- Arbitration Act – Sections 15, 16 and 29A(4) – High Court’s powers to interdict arbitral proceedings under Articles 226 or 227 of the Constitution of India if Arbitrator wholly lacks jurisdiction
- Arbitration Act, 1996 – Section 34(3) – Delay in filing Section 34 petition – Service of Arbitral Award on the “party” is essential – “Party” does not include “agent or advocate” of the parties.
- Arbitration Agreement – Acquittal of offence under Section 138 of the Negotiable Instruments Act, 1881, since nature of dispute is civil and without approaching arbitrator, complaint is not maintainable.
- Arbitration Agreement – Section 11(6) – Change of employer
- Arbitration and Electricity Act – Essential to harmonize the powers of expeditious effective dispute resolution in the electricity sector, at least, in non-tariff matters.
- Arbitration cannot be invoked by few members of a housing society
- Arbitration Clause in original contract perishes with it subsequent to the settlement agreement foreclosing earlier contracts between the parties
- Arbitration for adjudication of Industrial Disputes – Informative in-depth analysis of mechanism by two distinguished Advocates of the Bombay High Court
- Arbitration in abeyance till operation of Moratorium under IBC
- Arbitration Vs Criminal Proceedings
- Arbitration Vs Limitation period
- Arbitration Vs. Maritime Claim – Admiralty Act 2017 – Distinction between action in rem and in personam – Interim order for Arrest and Detention of Ship for non-payment of Dues of plaintiff
- Arbitrator – Powers to appoint Sole Arbitrator as against Agreement for Tribunal of 3 Members
- Arbitrator – Has no powers to recall & modify Award
- Arbitrator appointment Vs MSMED Act 2006
- Article 20(1) of the Constitution of India – Conviction under Sec.16(1)(a)(I) read with Sec.7 of the Prevention of Food Adulteration Act repealed by Food Safety and Standards Act, 2006 – Benefit of lesser punishment under new law
- Atrocities Act – Section 15A – Rights of the victims and witnesses – Video recording of all proceedings relating to the offences including bail proceedings is mandatory
- Atrocity Act – Bail to the accused without notice to the victim – Illegal – Landmark decision of the Delhi High Court – Appeal under Section 14A(2) of SC & ST Act allowed – Essential to make victim as party in the proceedings.
- Bank Account – blanket freezing at the instance of police without qualifying amount and perpetually is illegal
- Bank Locker – Son of deceased bank customer seeking information -RTI Act 2005
- Bank Locker – Theft – Liability of the Bank
- Basement godowns converted in Bar Restaurant, liquor shop & gambling den in Pune Cantonment area
- Biological relatives of adoptive child cannot claim inheritance to the property of adopted parents
- Bombay High Court – Important Judgment – Surrogacy – Legality of new stipulation in Rule 1(d)(I) of Rules prohibiting donor gametes
- Bombay High Court important ruling on considerations for computation and condonation of delay –
- Bombay High Court importing ruling on considerations for computation and condonation of delay –
- Bombay Police Act – Public Entertainment License – Requirement of Parking for Licence to run Video Parlour – Rules of Licensing for Public Entertainment
- Cantonment Area of Pune – Unauthorised Constructions in Red Zone
- Caste Certificate – Jurisdiction of the Competent Authority of place of ordinary residence or place of birth – Rule 5(1) of the Maharashtra Regulation of Issuance and Verification of Caste Certificate Rules, 2021 –
- Caste Certificate annulled and retiral benefits denied – Supreme Court exercised the powers under Article 142 of the Constitution to grant the pension benefits.
- Caste Scrutiny Committee – Costs imposed by Bombay High Court
- CGST Act – GST Input Credit of Goods & Services in the Construction of Malls for rental income
- Changing the way Postman knocks – New Post Office Act 2023
- Charge-sheet – Quashing on account of settlement – Cost of Rs.25,000 to the Government Pleader’s Library
- Chartered Accountants – Restrictions of ICAI on number of statutory tax audits
- Circular of Goa Government that performance of musical works at ceremonies does not violate Copyright Act is illegal
- Climate Change “Wrinkles Are Good” – Interesting and Important Salutary initiative of CSIR for its staff to avoid ironed clothes on Mondays –
- Coaching Centre Guidelines 2024 – Important Conditions for Registration
- Commercial “Dispute” – Claim against third party and based on tort for damages
- Commercial Courts – Jurisdiction – Hotel was not being used for trade and commerce
- Commercial Courts Act, 2015 – Salutary Amendments – Bill of 2024
- Commercial Courts Act, 2015 – Term “Used” including the expression “capable of being used” in Sec.2(1)(c)(vii) denotes “actually used” and it cannot be either “ready for use” or “likely to be used” or “to be used”.
- Commercial Suit for recovery of fixed deposit from the Bank – Maintainability
- Compensation – Court can grant more compensation than claimed in the petition
- Compensation – Motor Accident Claim – Dependency compensation – IT Returns cannot be the sole basis for determination of compensation under MV Act. Salary Certificate VS Income Tax Return
- Compensation -loss of original title deeds by the Bank
- Compensation – Pay & Recover – Minor boy driving offending vehicle
- Compensation – Transmission Lines – Right of Way & Tower Base Area – new Guidelines
- Compensation determined by the Court even if more than claimed can be granted
- Compensation for damaged car – Tortuous liability
- Compensation for domestic violence – Section 22 of the Domestic Violence Act, 2005 – If it would relate to degree of domestic violence or financial status of the guilty party
- Compensation for loss on account of domestic services – accidental death of working woman – Important Judgment
- Competition Commission of India – Salutary proposed changes to General Regulations
- Consumer -Rs.5 lakhs invested in the partnership firm – Commercial transaction for profit / gain – Claim against legal heirs of deceased partner
- Consumer – Chit Fund Company – Whether a “consumer” and whether its “service” was for “commercial purpose” – Important questions – Landmark Judgment of the Supreme Court
- Consumer – Company Car Use by Director – Whether for commercial purpose
- Consumer complaint – Telecommunications services -Interesting case, facts and the relief
- Consumer Complaint – Defects in the Flats construction – Joint liability of Developer & land owners
- Consumer Complaint of Devotee – Tirumala Tirupati Devasthanams
- Consumer Protection Act – Flat Agreement – Interpretation of terms and conditions – Claim of hume buyers for refund of amount on termination of agreement – NCDRC however directed to give possession
- Consumer Protection Act – Insurance Policy of the Company for Standard Fire and Perils is not for a commercial purpose
- Cooperative Bank – Offence under Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999
- Court fees – Remission to Indian Soldier and family
- Covid 19 – Police complaint, investigation and charge-sheet.
- CPC – Order VII Rule 11 application period does not extend period for filing WS
- Criminal Complaint – Section 24 of the Contract Labour, 1970, against the Bank
- Criminal Justice – Denial of exemption from Personal Appearance prior to grant of bail after filing charge-sheet
- Criminal Justice – Non-bailable warrant cannot be issued in a route manner
- Criminal Justice – Quashing of the charge-sheet for offences of sections 405 and 506 of IPC relating to property transactions
- Criminal Prosecution for Civil Disputes of property transactions – Caution of the Supreme Court of India
- Criminal prosecution of client – Non-payment of Legal Fees at 1% of the agreement consideration
- Custom Duty – Interest on delayed Refund is statutory entitlement under Section 27A of the Customs Act, 1962 – Failure to consider the prayer for interest in appeal – matter remanded
- Customs Act, 1962 – Confiscation & Penalty – Merely because the imported goods can be subjected to an alternative use, this can never be the test to hold that the goods were prohibited – Order is illegal
- Customs Act, 1962 – Section 110(5) – Provisional attachment of bank accounts – Each of the essential requirements to be complied with by the Customs and to pass written order and serve on the bank account holder.
- Customs House Agent cannot be held responsible once IEC particulars are given by the exporter and cannot be held liable after issuance of Let Export Orders only because exporters were not traceable – CBLR Regulations, 2018
- Cyber fraud without OTP on customer’s mobile – Bank’s liability
- Cybercrime – 35 pre-paid SIM Cards obtained by the accused to cheat people
- Date of birth in Aadhar Card is no proof for compensation multiplier
- De-registration of Cooperative Housing Society – Direction of the Minister to initiate action only based on pendency of a title civil suit – Section 21A of the MCS Act, 1961.
- Deemed Conveyance – Authority has limited jurisdiction – No power to consider validity of documents.
- Deemed Conveyance Certificate Vs earlier consent decrees between the parties
- Deemed Conveyance for a part of the society land from undivided larger plot
- Deemed Conveyance for the property of an individual owner in Society building
- Deemed Export Scheme – Interest for delay in payment of Duty Drawback for supplies in civil construction of Koyna Power Project aided by the World Bank – Section 75A(1) of the Customs Act
- Defamation – Damages – Newspaper publication of an inquiry report against a Senior Judicial Officer with incomplete facts – Costs of Rs.10 lakhs was imposed – Important and salutary observations of Karnataka High Court
- Deficit Stamp duty & Penalty – Property in Ambey Valley in Court Committee in auction
- Delay – Condonation of Gross delay of 12 years and 158 days – Question of limitation is not merely a technical consideration – Rules of limitation are based on the principles of sound public policy and principles of equity
- Delay of 14 days in filing Section 34 Arbitration Petition – Interesting facts and important question of law
- Delhi High Court important ruling on donation of liver by minor daughter of age) to ailing father – Transplantation of Human Organ Act, 1994 – Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014
- Delhi High Court on interpretation of clause“AS IS WHERE IS” often employed in the Auction Notice and interplay of “Caveat Venditor” vis-a-vis “Caveat Emptor”, SARFAESI Act and directions to refund auction amount –
- Denial of medical expenses for want of initial consultation report, MRI and Xray.
- Development of Basic Amenities in Municipal Areas – Policy decision to give State subsidy – Change of legislative constituency from one to another for execution of such works – Illegal
- Digital Monitoring of Liquidation process
- Dignity and modesty of a woman must be protected from all forms of defamation.
- Disability Act 2016 – Rights should not merely remain on statute book – Spirit of legislation must be applied by all authorities in practical application with sensitivity and flexibility.
- Disability Certificate – Simplified process – Online portal – Amendment of the RPwD (Amendment) Rules 2024.
- Disciplinary Enquiry – Charge sheets issued before retirement but served after retirement – legality
- Disqualification – Managing Committee Member having more than two children
- Doctrine of Merger – Common law doctrine – There cannot be at the same time more than one operative order for same subject matter.
- Doctrine of Necessity – Powers to convene election meeting – Elections of Executive Committee of the Trust -Section 15 of the Societies Registration Act, 1860 – Right of default members to vote
- Domestic Violence Act – Acts of domestic violence for grant of maintenance and compensation –
- Domestic Violence Act – Objective of the Act is a measure of social justice applicable to each woman – Dismissal of Complaint in default for non-appearance of wife on a single day –
- Domestic Violence Act and Senior Citizens Act – Interplay of rights of senior citizen and daughter-in-law
- E-post Service of Court Summons / Notices – Bridging Digital Divide
- ED – Statement of person – senior citizen called under Section 50 of PMLA recorded in the night – Violative of Article 21 of the Constitution of India
- Election Code of Conduct – Suspension of activities – Maha Building Construction Workers Welfare Board
- Electricity – Unit of Drug Manufacturer – If Commercial or Industrial tariff is applicable
- Electricity Act 2003 – Distribution Franchisee applied by the Central Shopping Mall for its shops – Challenge to the Final assessment order under Section 126- in writ petition – Efficacy of alternate remedy of Section 127
- Employee right to travel abroad – Denial of Permission – Pendency of Inquiry – Illegal
- Employment disputes of lock in period are arbitrable – Arbitration Act, 1996?
- Enforceability of Non-solicitation of Master Supply Agreement after termination & Section 9 of AA
- Entertainment duty on Cinema Award function & Penalty –
- Environment – Post facto CRZ Clearance – Legality of OM dated 19.2.2021
- EPF dues – Registration of Crime for offence of misappropriation is illegal without following mandatory provisions of Section 7A is illegal
- Equal Remunerations Act – Violation by service provider -Criminal Complaint against Chairman of Wipro
- ESI Act 1948 – Bakery – use of fridge for storage if amounts to manufacturing process of bread
- Eviction – Landlord – Member of Armed Forces Maha Rent Control Act
- Expulsion of the student -MNLU Mumbai – Reduction of punishment and community service
- Flat – Transfer Charges by Developer on second sale is illegal
- Food Safety and Standards Act, 2006 Vs. Offences under Sections 272 & 273 of the Indian Penal Code – Interplay – trial of offender under both enactments – Overriding Effect of Section 89 of FSSA
- Foreign Trade – Ban on export of non-basmati rice –
- Forest Conservation – MOU of Forest Department & Pune University – Training of Forest Officers
- Forest Offence – Moving of sandalwood by itself does not amount to
- Gender Bias – Obtaining Maiden Surname in the record – Notification of GOI to submit either divorce decree or NOC from the husband
- Generic Medicines for poor people and downtrodden sections of the society in the Government Medical Colleges & Hospitals – Welfare Cabinet decision of 27 Feb 2024 of GOM
- Glad to share the proud moment and news – Dr.Priyanka Jawale, SPPU student and now Legal Officer, MOE, GOI, moderating an important Session of UN International Law Commission
- Google – Digital Ads of the Petitioner disapproved / marked as “Limited” – Google Advertising Terms for Arbitration at Santa Clara County California – Section 9 of AA petition filed in Delhi High Court
- Google – Patent “Managing Instant Messaging Sessions on Multiple Devices – Lack of inventive step – Not entitled to grant of patent – Google had presented wrong facts and also failed to disclose information
- Green belt Zone – Mutha river – Illegal structures – Right to Regularisation
- GST – Canteen facility to the employees of Suzuki Motor Gujarat – Deduction made from the employees availing food in the factory would not be considered as “supply” under Section 7 of the CGST Act, 2017.
- GST – Cross-empowerment -CGST Act & Tamil Nadu GST Act – Petitioners assigned to State GST but proceedings initiated by Central Authorities or vice-versa – Absence of Notification under Section 6 of the Act.
- GST – Major Relief to Holding Companies – Interim Stay of PH High Court to GST on Corporate Guarantees
- GST – Notice for audit valid even after de-registration
- GST – Sections 74, 122(1A) and 137 of CGST 2017 – Notices to the employees of Agent /group company of foreign Shipping Company and demand of Rs.3731 crores with penalty since the employer wrongly availed ITC amount.
- GST – Arrest in old matter – detention beyond 24 hours
- GST – Interest on delayed payment of tax refund – Section 56 of CGST Act
- GST – Transportation of imported machinery from JNPT to own factory is not “supply”
- GST Registration – Cancellation with retrospective effect from 1.7.2017 – Show cause notice of 7.10.2022 for failure to furnish returns for a continuous period of six months – Delhi High Court
- HDFC Bank – Complaint of harassment by the borrower to the Minority Commission
- Home Loan – Loss of original documents of property by the Bank
- Home Loan – Add-on Insurance– Exclusion Clause neither furnished nor made aware to the insured
- Hospital – Uniform standard hospital charges – Rule 9 of the of the Clinical Establishment (Central Government) Rules, 2012 – Important issue raised in PIL by NGO Veterans Forum for Transparency in Public Life –
- IBBI – Resolution Professional – Show cause notices & Suspension of Authorization
- IBC – Circular dated 28.9.2023 of IBBI whether clarifies “liquidation costs” in Regulation 4(2)(b) of IBBI (Liquidation Process) Regulations, 2016 or in effect makes amendments?
- IBC – Code does not relate to the insolvency resolution of individuals and partnership firms – HELD that Section 95 petition even at the stage of filing is not maintainable and NCLT has no jurisdiction.
- IBC – Real Estate – Corporate Debtor – Amendment of 16.2.2024 to IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Transparency and accountability –
- IBC – Report of Committee on introduction of Mediation in Insolvency and proposed frame work in the backdrop of new Mediation Act, 2023.
- IBC – Section 26(2)(a) – Right to claim set-off in CIRP and consideration by RP while taking custody and control of all assets of Corporate Debtor.
- IBC – IBBI- Important Discussion Paper of 10 May 2024 on Record of Default by Information Utility alongwith the Draft Amendments inviting public comments
- IBC – Operational Debtor – Dues not disclosed by the CD and also not obtained by IRP / RP.
- IBC & Negotiable Instruments Act – proceedings – Distinction
- IBC Versus Slum Development – Petition of Resolution Professional – Landmark judgment of the Bombay High Court
- Illegal arrest & custody – Inquiry of Police and Compensation of Rs.25,000/-
- Import of Rubber Processing Oil – Mis-declaration of origin of country in the bills of entry immaterial for valuation, description and other particulars of imported goods – Important Judgment of the CESTAT, Ahmedabad
- Importance of Marriage ceremony – Salutary observations of the Supreme Court
- Important & Salutary for the students and the parents – Guidelines for Regulation of Coaching Centre – Legal Framework for Unregulated private coaching
- Important Decision of NCLAT on relations between Insured-OC & Insurer and third party CD vis-a-vis insurance payment, “debt due”, insolvency proceedings and doctrine of subrogation.
- Important question on the right of financial creditor to the minimum value of its security asset is referred to the larger Bench of the Supreme Court
- Income Tax – TDS from compensation of acquired land – Illegal
- Indigent Person – Court fees – Insurance Claim
- Industrial Disputes Act, 1947 – Regional Business Head in the grade of Senior B2 Sale – Whether “Workman” under Section 2(s) – Maintainability of Reference to the Labour Court –
- Insolvency – Home Buyer Claim
- Insurance – Compensation – Cancellation of policy prior to accident – Onus on the Insurer to produce documents and prove cancellation for dis-honour of cheque and intimation to insured prior to the accident
- Insurance – Date date of issuance of policy would be relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt.
- Insurance – Essential to provide copies of surveyor / investigator reports to the insured to call for objections before repudiating the claim
- Insurance – Exclusion Clause & Proposal Form- Interplay – Repudiation of claim
- Insurance – Landmark reforms – Freedom in product development, pricing and governance- – Insurance Products Regulations of 2024 enabling insurers to adopt good governance while designing and pricing the insurance products.
- Insurance – Ombudsman Award – Implementation by Insurer – IRDAI Notification of 25.4.2017.
- Insurance – Policy issued on receipt of cheque and subsequently dishonoured but vehicle ply on road without valid insurance – HC found that 2002 Notification of Online mode of payment of insurance premium kept in the dark
- Insurance – Repudiation of Claim – Transfer of vehicle – Section 157 of the MV Act
- Insurance – Repudiation of Claim for loss due to floods on the ground of fraud
- Insurance – Robbery of diamonds – Repudiation for Breach of Warranty
- Insurance – Section 66(3)(i) of MV Act – Statutory exemption to the insured offending vehicle of goods auto rickshaw to have permit -Does not amount to violation of policy conditions?
- Insurance – Compensation – Pay & Recover Principle – Exception
- Insurance – Contractor’s All Risk Policy – Collapse of bridge
- Insurance – Death due to sudden cardiac arrest during Covid-19
- Insurance – Fire – Cause – Whether short circuiting or self-combustion.
- Insurance – Interesting – Code of Code mandates that TPA of Health Services not to lend or grant any loan to any other company, entity or individual not connected with its TPA business – Penalty for violation
- Insurance Electronic Marketplace free of charges for availing services by the consumers -IRDAI – Insurance – Digital Public Infrastructure “Bhima Sugam – Insurance Electronic Marketplace” –
- Insurance Ombudsman Rules 2017 – Quasi Judicial Authority – Duties and Functions
- Insurance Policy – Renewal – Dishonour of cheque by the Bank although sufficient balance in the account but for non-linking MOD with account – Deficiency in Service –
- Insurance Policy – Repudiation on the ground of material suppression of existing life insurance policies from other insurers – Section 45 of the Insurance Act, 1938 –
- Insurance Policy for the thermal power plant – Initial Report of Insurer Surveyor Vs. Subsequent Report of Independent Surveyor and subsequent addendum report of Insurer Surveyor
- Insurance Reforms – Empowerment of Policy Holder –Master Circular 19.6.2024
- Interest on withheld Gratuity on acquittal in criminal case – Sections 7(3A) and 14 of Payment of Gratuity Act 1972
- Interest rate on refund of flat amount
- Interesting and mind-boggling consumer complaint – Excess charge of Rs.0.50 ps by the Post office.
- Internship opportunities to the students -salutary decision of the welfare Government of Maharashtra in right earnest to create platlform in the college vide recent Government Resolution dated 5.2.2024 in the interests of thousand of students
- IRDAI – 14.2.2024 – Exposure Draft of Protection of Policyholders’ Interests and Allied Matters of Insurers) Regulations, 2024
- IRDAI – Corporate Governance Regulations of 2024 – Exposure Draft published on 2.2.2024 – for doing business, reduce compliance, protection of policy holders and above all, best practices for the corporate governance of Insurers
- IRDAI – Draft Guidelines of 20.2.2024 – Introduction of collaterals in the Insurance sector and in particular for reinsurance transaction with Cross Border Reinsurers
- IRDAI – Final Order dated 22.2.2024 prohibiting Confiance International Reinsurance Brokers Malaysia for two years from Indian Insurance Market –
- IRDAI – Health Insurance Policies – Guidelines Circular Coverage for AYUSH on par with Allopathy & other treatments – Guidelines & Advisory Circular dated 31.1.2024 for Insurers.
- IRDAI – Important and significant Circular of 31.1.2024 for the Persons with Disabilities (PWD) or afflicted with HIV / AIDC or suffering from mental illness.
- IRDAI – Master Circular dated 5.9.2024 – Protection of Interests of Policyholders
- IRDAI – Penalty of Rs.1 Crore – Go Digit General Insurance Co Ltd – Order dated 2.5.2024 – Violation of Section 26 of the Insurance Act, 1938 read with IRDAI Regulations 2024
- IRDAI – Landmark Reforms in Health Insurance – Master Circular dated 29.5.2024
- IRDAI Circular dated 16.2.2024 – Unclaimed amounts of Policy holders – New Salutary measures to reduce existing and contain future accumulation of unclaimed amounts –
- IRDAI Circular of 8th January 2024 – Compliance of the General Insurers with the important three Notifications dated 25.2.2022 issued as per the amendments of MV Amendment Act, 2019
- IRDAI on 2.2.2024 issued Exposure Draft of IRDAI (Registration, Capital Structure, Transfer of Shares and Amalgamation of Indian Insurance Companies) Regulations, 2024
- IRDAI Order dated 23.7.2024 – Stock Options – Non-Executive Director – Prior approval
- Judges (Protection) Act, 1985 applicable to the Tahsildar acting as Revenue Court under the Land Revenue Code – Criminal prosecution for order of mutation order illegal
- Karantaka High Court relief to 85 years old lady senior citizen, who gifted coffee estate to the son, for maintenance of Rs.7 lakhs under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Karnataka High Court – – Important Ruling – Partition deed is not covered under Section 23 of the Senior Citizens Maintenance and Welfare Act 2007 and therefore, cannot be challenged.
- Karnataka High Court – Menace of Unauthorised Constructions – Recent order dated 19.1.2024 – Landmark, Comprehensive, Salutary directions and also to create database for website and use of common stake holders / authorities
- Kolhapur Civil Court – Landmark Judgment on Important Principles of Law – Inami land – Suit for declaration that the Church has no right, title and interest in the suit property at Kodoli Tq.Panhala
- Landmark Collaboration -MOU – Post & Amazon reaching people through 1.6 lakh offices
- Landmark initiative – MoU of Department of Social Justice with Legal Services Authority for social justice
- Landmark judgment – Interplay of Cr PC & BNS – Dementia – Duty of the Court
- Lease – DDA – TP Act 1882 – Lease hold plots became property of transferee Company on amalgamation – Lease conditions still apply – Supreme Court of India
- Lease Agreement – Whether for residential or commercial use – Doctrine of Blue Pencil
- Legal Aid & Schemes – SC directions to create awareness throughout length and breadth of the nation
- Legal Aid to litigants – Fees of Advocates -Maharashtra Legal Services Authority
- LIC – Concluded Contract of Insurance – SC important decis
- LIC Insurance claim – Repudiation – Suppression of Material Facts
- Limitation – Appeal against acquittal – Section 378(5) of Cr PC – Benefit of Section 5 of the Limitation Act to condone delay is available.
- Limitation – Online Filing of Appeal – Deficiencies of physical copies etc; complied with after limitation – Rejection of appeal on the ground of limitation is illegal – Section 107(1) and (4) of the Act
- LL.B. course – Petitioner was given admission to 3-years course from OBC category in 2019 – Objection to the eligibility for admission was taken at the fag end of the course – Illegal
- LL.B. Degree (3 years course) obtained while in service – Eligibility for enrolment after retirement- Refusal of Bar Council is illegal since it has no right to question the degree certificate
- Local Body Tax – Appeal – Pre-deposit of “disputed tax” – Scope of – Section 406(8) of MMC Act
- Maharashtra Land Revenue Code, 1966 – Section 48(7) – Unauthorised exacavation of earth for sewerage pipeline network of Thane Municipal Corporation – Penalty and royalty charge
- Maharashtra Public Trusts Act, 1950 – Interplay of Sections 33 & 36(1)(a) – Permission for sale of immoveable property of Osho Trust in Pune & Order for special audit
- MahaRERA Landmark Order of 30.7.2024 – Mandatory Disclosure of Amenities / Facilities
- MahaRERA Order of 22.10.2024 -Agreement – Mandatory to mention commission of Real Estate Agent
- Maintenance – Charge on husband’s property – Sec.39 of TP Act
- Maintenance – Section 125 Cr PC – Deductions of LIC premium, Home Loan, Payment of Loan for purchase of land are not permissible in law – Allahabad High Court
- Maintenance – Waived under the consent terms of Divorce – Bar of Section 125(4) of Cr PC if wife is living separately by mutual consent
- Maintenance – DV Act – Filing of affidavit declaring Assets and Liabilities by spouses is for to determine interim maintenance by the Court and not after application was finally adjudicated
- Maintenance Fund – Non-transfer to the Housing Society
- Maternity Leave – Employee has more than two surviving children
- Maternity Leave – Panel Lawyer of Legal Services Authority
- Maternity Leave & Post-natal childcare leave – Probationer – Maternity Benefits Act – Maharashtra Civil Services (Leave) Rules, 1981 –
- MBBS – Denial of admission for non-payment of five times more fees than regular fees of first year
- MBBS Admission – State of Goa – Physical Residence for 10 years
- Medi-Claim Policy – Cancer – Ceiling on expenses of injections
- Membership of Coop Housing Society to legal heir of deceased member – Relinquishment Deed
- Micro & Small Enterprise – Landmark Arbitration Platform for resolution of disputes
- Minor Child – Habeas Corpus Petition of father for custody & repatriation to USA
- Minor mineral – Earth excavated and re-deployed in the same land is not subject to royalty and would not attract wrath of Section 48(7) of the Maharashtra Land Revenue Code, 1966
- Minor Mineral – Royalty and Penalty – Unauthorized excavation of earth for IKEA Store –
- Moratorium of US Bankruptcy Court not applicable in India
- Motor Accident – Head-on collision of S.T.Bus and Maruti Car – Tribunal held as an “act of God” by applying elimination process of negligence of both drivers
- Motor Accident – Low Vision Vs. Blindness – Claimant MBBS doctor
- MOU for Artificial Intelligence – Robotics in Govt Engineering Colleges & Polytechnic –
- MSME Act 2006 – Works Contract – Reference to Arbitration
- MSMED Act – Section 18 – Claim for recovery of loan – Registration for financial activity under the MSMED Act is necessary for Felicitation Council to entertain and decide the claim –
- National Highways Act – Section 3D – Relevant date for Interest on enhanced compensation
- National Highways Authority Act, 1956 – – Authority passing an order under Section 3(H)(4) has no powers to review such an order – Even consent of the parties to review such order also would not create such review powers
- NCDRC directed SBI Life Insurance to refund entire premium on surrendered policies with interest
- NDPS – Bail – Involvement of accused no.2 in view of statement of accused no.1 under Section 67 of NDPS Act. No possession or recovery of contraband from applicant-accused no.2
- New College – Permission – Maharashtra Pubic Universities Act, 1960 – One of the grounds for grant of new college to Respondent Nos.6 to 8 was that comparatively the petitioner is a new institution – Salutary observations of the High Court for assessment of such proposals
- New Electricity connection to new owner for property purchased in SARFAESI auction – Refusal for non payment outstanding dues of previous owner
- New Law college at a location not covered by the University perspective plan
- Notary has no powers to execute marriage / divorce deeds
- Novation of Contract – Liablity of guarantors to repay loan – Temporary overdraft – Extension of time to repay without consent of the guarantors – Section 133 of the Contract Act.
- OCI Card – Rejection of application by FRRO– Citizenship Act, 1955
- Offence – Section 24 of Senior Citizens Act, 2007 – Abandonment of father
- Offences – Manufacture of fake garments using Puma label – Copyright Act & Trademarks Act.
- Offences under Section 123 of the Representation of the People Act 1950 and 171-H & 188 of the Indian Penal Code.
- Ordinance X of 2024 – Stringent provisions to maintain sanctity of the forts and monuments
- Outraging modesty of woman – Quashing of FIR – Unique condition on the petitioner to assist Delhi Traffic Police for 30 days
- Overseas Travel Insurance Policy – Exclusion of expenses incurred on treatment in India
- Parents to pursue son’s petition for annulment of marriage after his death
- Passive Euthanasia – A terminally-ill patient in persistent vegetative can execute an Advance Medical Directive or Living Will to refuse medical treatment as the right to live with dignity.
- Passport – Refusal to renew in view of pendency of criminal case – Illegal
- Passport –Indian citizen minor child of 16 years having custody with mother of a foreign national.
- Pepsi Co – Lay’s Potato chips – Cancellation of Registration of Potato variety – Section 34 of the Protection of Plant Varieties and Farmers Rights Act, 2001
- Permanent disablement in accident while on duty – Adjustment of leave salary against compensation under Employees Compensation Act 1923 – Railway Services (Liberalized Leave) Rules, 1949 – Rights of Persons with Disabilities Act, 2016.
- PIL – Mis-utilization of funds of Rs.98 crores by Agriculture Produce Marketing for construction of 5 star hotel on its land earmarked for market yard
- PMLA 2002 & of IBC – Interplay between PMLA attachment of assets of corporator debtor and immunity under Section 32A of IBC once Resolution Plan is approved.
- PMRDA & CIDCO – Leasehold lands now Free-hold lands – Government Resolution of 11 Oct 2024
- Police Head Constable – Absence from duty due to transfer – Salary for Non-joining at the place of transfer
- Pollution – Solid Waste Management -Sustainable Development Fee on Tourists on the lines of Bhutan – Salutary efforts of HP High Court to make Shimla as model town and to make solid waste management sustainable in the State.
- Power Distribution Licensee – Imposition of Reliability Charge
- Powers of SRA -Development / Redevelopment -Slum & contiguous Non-slum area – GR of 15.10.24
- PPF – Three accounts (one of major & two of minor) – Ceiling
- Pre-arrest bail to accused Police Officer – Presumptions and considerations applied to a lay person may not carry same weight while dealing with Police Officer who is alleged to have abused his office and duty.
- Prevention of Corruption Act, 1988 – exoneration of the accused in the income tax case cannot absolve under PC Act – Important Judgment of the Supreme Court.
- Promotion to the Post of Law Officer of Municipal Corporation of Greater Mumbai – Petitioner although senior Deputy Law Officer was denied promotion
- Public employment – Selection and appointment – Non-disclosure of criminal case and acquittal in the affidavit given after selection – Effect –
- Public Prosecutor – Mah.Govt.Servant Marathi Language Examination Rules 1987 – Increment given even without passing the examination in stipulated period – Legality of action for its recovery at fag end of retirement
- Public Trust registered under the Maharashtra Public Trusts Act, 1950, receiving State grant and running educational institution – Whether “Public Authority amenable to Right to Information Act, 2005.
- Pune City – Important questions raised in PIL are pending consideration of the Bombay High Court to save Pune City from the builders and eliminate the problems of traffic, garbage, drinking water, etc.
- Quashing of FIR on settlement between the complainant & accused – Condition to plant 50 samplings OR to pay Rs.25,000 to the Delhi State Legal Services Authority
- Railway – Prosecution of male passengers travelling in female compartment
- Railways – Freight Charges – Difference between Overcharge against Illegal Charge – Refund of Freight charges on account of change in policy and revision of distance table – Section 106(3) of the Railways Act, 1989
- Re-development of society building – Right of Senior Citizens to shelter – Petitioner senior citizen is roofless for last 4 years at an old age and cannot be left to suffer on any delayed or impossible re-development.
- Recruitment – Online Option for consideration from female category- Care to be taken by the candidate – Bombay High Court
- Redevelopment – Plight of Tenants – Coercive demand of property tax for failure of Developer to obtain OC
- Redevelopment – Developer & IBC – Classic impasse for permission – Society dilapidated building
- Redevelopment – Refusal of further permission only because the public road is less than 9 mts –Does it mean that the owner should on his own widen the public road to minimum width of 9 meters. Interesting case and facts as to how the authorities think and act against the public interest in redevelopment.
- Redevelopment – Transit Rent paid by the Developer / Builder is not liable to TDS – Section 194(I) of the Income Tax Act, 1961
- Redevelopment approved by majority members – Dispute between legal heirs of only one deceased member in the Civil Court – Salutary and innovative order of Cooperative Appellate Court to pave way for redevelopment
- Redevelopment of 11.20 acres land in Sion Koliwada, Mumbai by MHADA through Tender
- Rent as per Ready Reckoner – Renewal of Lease of Government land
- RERA – Joint Liability of the Promoters even if home buyer had paid amounts to one of the promoters – Order of the MahaRERA Appellate Tribunal for refund by both the promoters – Legality
- RERA – Goa – Appointment of Member in Breach of recommendations of the Selection Committee
- RERA Act – Home Buyers – No bar to claim Interest claimed after taking possession of the flat – Relief to the home buyers
- RERA Act 2016 – Obligation of the promoter to deposit of amount awarded by the MahaRERA in the Appellate Tribunal – Mandate of proviso to Section 43(5) to entertain appeal of the promoter
- Resignation – forceful or not out of free will – consideration and requirements of essential ingredients – Supreme Court of India
- Resignation – Legality of rejection of request for withdrawal of prospective resignation – Principle of vinculum juris that relationship of employer and employee continues during resignation notice period.
- Retail Trade outside purview of Section 7 of MSME Act 2006
- Retirement – Inquiry initiated after ten years & withholding of retirement benefits
- Retirement Homes for Senior Citizens – MahaRERA Draft Regulations of 2.2.2024 – Important salient features of Regulations on safety and security
- Return of stolen property to the complainant during investigation or trial – Salutary guidelines
- Rights of Persons with Disabilities Act– Transfer of differently-abled employee
- Rights of Persons with Disabilities Act, 2016 – 90% Hearing impairment of the petitioner -No reservation in Recruitment in the Madras High Court – Non-Selection of Sanitary Worker
- RTI – Disclosure of Marks at the recruitment – Transparency
- Rules 32 and 81 of the CMV Rules, 1989 – Additional fees for delay in renewal of driving licence, registration certificate, delay in giving NOC – Constitutional validity –
- Salt – Substandard – Penalty under FSSI Act, 2006
- Saptpadi – Marriage is solemnized, becomes complete and binding when seventh step is taken – Interesting facts unfolded in SC Order –Sections 7 and 8 of Hindu Marriage Act –
- SARFAESI Act – Auction Sale – Interim stay by Consumer Forum
- SARFAESI Act & MVAT Act – Ranking of priority and first charge on secured – Conflict of Section 37 of MVAT Act with Section 26E of SARFAESI Act.
- SC observations on Arbitral Process need consideration
- Scheduled Tribe – Remission of Court fees in Civil and Criminal cases – Cabinet decision of 25.2.2024
- School Transfer Certificate – Retention for non-payment of school fees –
- SEBI – Interim Impounding Order dated 5.4.2024 – first of its kind to protect securities market and the investors
- Section 10(46) of Income Tax Act, 1961 – If NOIDA entitled to exemption
- Section 109 of IPC & Prevention of Corruption Act, 1988- Housewife made co-accused only because assets were purchased by husband in her name.
- Section 11 – Scope of Powers of Referral Court & Arbitrator
- Section 11 – Arbitration Act – MOU between the individual -promoter & the Respondent – Non-signatory Petitioner Company whose Chairman is the Promoter cannot enforce arbitration clause
- Section 11 of MOFA – Unilateral Deemed Conveyance – Whether it can be made subject to the right of way to the adjoining plot?
- Section 11 of MOFA Act, 1963 – Deemed Conveyance as per terms of Agreement
- Section 11(6) of AA – Powers of Referral Court to decide Arbitrability of Disputes
- Section 11(6) of AA – Exclusion of time taken for settlement from limitation
- Section 11(6) of the Arbitration Act – Limitation for application
- Section 125 Cr PC – Interest on Maintenance & Arrears
- Section 125 Cr PC – Maintenance to a woman who is not legally wedded wife but living with a person as wife and husband for long period – Madhya Pradesh High Court
- Section 13 of the Commercial Courts Act, 2015 – Powers to condone delay
- Section 133 of Cr PC – Stone crushing plants near Atul Setu
- Section 138 of NI Act – Cheque of Foreign Bank payable in UAE currency – Transaction in UAE – Cheque presented in the ICICI Bank in India, dis-honoured and complaint filed in Court in India –
- Section 138 of NI Act against Independent / Non-executive Directors, CFO
- Section 14(1)(a) – Arbitration Act – Termination of mandate of Arbitrator
- Section 143-A – NI Act – Interim Compensation – Liability of Directors for Company Cheque
- Section 144 CPC – Powers of Restitution
- Section 148 of NI Act – suspension of sentence – authorised signatory of company cheque
- Section 154B-29 of the Maharashtra Cooperative Societies Act, 1960 – Certificate for recovery of maintenance against legal representatives – Maintainable
- Section 18 of MSMED Act – Council has powers to decide question of its jurisdiction
- Section 19 of MSM Enterprises Development Act, 2006 –
- Section 199A of the Motor Vehicles Act & Offence by Juvenile created is sui generis.
- Section 206(4) of the Companies Act, 2013 – Essential ingredients
- Section 25 of the Hindu Succession Act – disqualification – dowry death
- Section 27 of the Contract Act – Termination of contract – Interim Injunction in Section 9 AA petition
- Section 304A IPC & Section 92 of Factories Act, 1948 – Section 26 of General Clauses Act
- Section 33 – Arbitration Act – time line – Clarification Order
- Section 33(1) of the Copyright Act, 1957 does not curtail power of owner to grant any interest in the copyright by license under Section 30 – Status of Copyright Society and the Owner in the scheme of Copyright Act
- Section 353 of IPC – Offence against Advocates for interfering in CBI search of client’s office
- Section 36 of the Maharashtra Public Trusts Act, 1950 – Salutary provisions – Sale of the Trust Property – Powers and Duty of the Charity Commissioner
- Section 42 of the Arbitration Act – Interplay of two clauses on jurisdiction and seat of arbitration
- Section 47 of the Registration Act, 1908 – Time from which registered document operates – Whether sale takes effect from the date of execution or date of registration
- Section 48 of the Maharashtra Stamp Act, 1958 – Application for refund of stamp duty of cancelled agreement of sale was rejected since it was not done within a period of five months
- Section 482 of the Cr PC – Maintainability of Applications for quashing of proceedings under Section 12 of the DV Act 2005
- Section 5(2) of the Indian Telegraphs Act, 1998 – Interception of telephonic messages of public servant
- Section 52 of the Transfer of Property Act – Lis Pendens starts with the “institution” of proceedings
- Section 55 of the Maharashtra Rent Control Act – Effect of non-registration of lease agreement
- Section 63 of Bombay Tenancy Act, 1948 – Penalty & resumption of land
- Section 9 Arbitration Act & Section 52 of TP Act – Lis Pendense purchase
- Section 9 of the Arbitration Act – Application to foreign seated arbitrations
- Section 9(3) of the AA is not absolute bar – Application for interim measures against third party even after appointment of Arbitrator under Section 11 between the parties is maintainable
- Section 96(b) of the Cantonment Act 2006 – Constitutional Validity – Pre-deposit of Property Tax
- Sections 13 & 13(1A) of the Commercial Courts Act – Whether Executing Court is a Commercial Court –
- Sections 14 and 29A(6) of the Arbitration Act – Extension of mandate of the Arbitrator and Substitution of the Arbitrator –
- Sections 17 and 37 of the Arbitration Act – Legality of Interim reliefs by Arbitrator
- Sections 2(1)(e) and 29A(4) and (5) of the Arbitration Act, 1996 – Interpretation of “Court” – Extension of time to make award in a case where Arbitrator is appointed by Party
- Sections 41 and 52 of TP Act 1882 – Protection of Bona fide Purchaser and Doctrine of Lis Pendens
- Sections 420, 468 & 471 IPC and Section 12(b) of the Passports Act 1957 – Allegations of father about his forged signatures by wife on the application aimed at obtaining the minor’s child passport.
- Sections 50(2) proviso & 25 of the Land Acquisition Act, 1894 – Acquisition of the open land for recreational ground under Section 126(1)(b) of MRTP Act, 1966 – Writ Petition of Local Authority challenging Award
- Selection for Police Constable – Reserved Category – Shown as failed for difference in date of birth shown in the application and the school mark sheet.
- Senior Citizen – Gift to son – Whether father can revoke gift after death of son – Is daughter-in-law liable to maintain in-laws – Powers of the Maintenance Tribunal.
- Senior Citizens Act – Maintenance of parents does not depend on property given to the children.
- Senior Citizens Act 2007 – Section 23 – Cancellation of Gift Deed – Consideration of ownership of property is important – Condition of gift for maintenance can be proved by pleadings and evidence
- Senior Citizens Act 2007 & Domestic Violence Act 2005 – Interplay of Rights senior citizens to secure their house and a woman to shared household in matrimonial home.
- Senior Citizens Act, 2007 – Petitioners, aged 91 & 84 years approached High Court for directions to the Senior Citizens Appellate Tribunal (Collector) for expeditious disposal of their appeal
- Senior Citizens Act, 2007 – Section 23 – Maintenance Tribunal is not a civil court and has no powers to declare a registered gift deed as fraudulently executed
- Senior Citizens Act, 2007- Maximum limit of Rs.10,000/- maintenance under Section 9(2) is applicable to each senior citizen and not qua all the senior citizens in the family and each child or relative.
- Senior Citizens and Parents – Protection and Maintenance – Order directing the son to vacate the flat and pay maintenance of Rs.5000 per month to the parents – Police aid for Implementation.
- Service Tax for land owner’s share under “construction of residential complex services”
- Service Tax on Legal Services by an Advocate or a partnership firm of Advocates – Exemption – Notification No.25/2021 dated 20.6.2012 – Powers and Jurisdiction of the Designated Officer
- Service Tax on Ocean Freight Imports under CIF contracts for Silvassa unit in 2017 – transportation cost upto customs station in India incurred by foreign supplier
- SEZ Developer as deemed a power distribution licensee – conditions.
- Slum Land – Compulsory Acquisition Vs preferential right of owner for redevelopment
- Slum Redevelopment – SRA – Pre-emptive or preferential right of Public Sector Undertaking over Private Developer – Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
- Smartwatch – Invoice “Goods once sold will not be taken back or exchange” raises legal considerations for consumer protection and fair trade practices.
- Solar Energy Trading – Peer to Peer Trading through Blockchain Technology – Revolutionary decision of the Karnataka Electricity Regulatory Commission
- Stamp Duty – Development Agreement – Revenue sharing of sale proceeds with Owner – Market Value –
- Stamp duty – 1989 Agreement – Duty paid in 1995 under Amnesty Scheme – Deficit demand in 2016
- Stamp Duty – Demand for Refund – Un-executed conveyance deed –
- Stamp duty – If payable on every increase in share capital of a company
- Stamp Duty – Property of Public Trust – Market value of property sold in auction – Rule 4 of the Maharashtra Stamp Rules 1995
- Stray dogs & Human – dog conflict – Animal Birth Control Rules, 2023 – Petitions against the animal lover who kept stray dogs in his house – Nuisance to the residents.
- Supreme Court landmark Judgment to eliminate unauthorised construction
- Surrogacy – Maternity / Paternity & Child care Leave – Central Govt employees
- Surrogate Vs Biological mother – Litigation for Custody of twin minor daughters
- Tattoo – Unfit for employment in Central Industrial Security Forces
- Telecom Cyber Security – Draft Rules of 2024
- Tender – disqualification of contractor for non-compliance of GST condition in the Tender – illegal – Condition was non-essential and although other bidders did not submit GST returns they were qualified
- Tender – Gas Cylinder Rules, 2016 – Dilution of Technical conditions of PESO Registration & certificate affecting public safety and health – Supply of Chlorine Gas to the City of Mumbai
- Termination of Superintendent Central Excise on the advice of the Director General of Vigilance – Advice is not mandatory – Disciplinary Authority has to take decision independently – Rules 14 and 15 of CCS (CCA) Rules 1965.
- Territorial jurisdiction – Bombay High Court – Rule 10 of the Central Excise (Appeal) Rules, 2001.
- Title Insurance – Protection to the owners and lenders against financial losses from the defects in the title or ownership of a property.
- TPA Health Insurance – Non-renewal of Registration
- Traffic challan – Company vehicle – presence of MD / CEO in Court is not required
- Travel Insurance – Treatment of Haematuria in USA – Repudiation for non-disclosure of pre-existing disease
- TV / Radio / Print / Internet Advertisements – Mandatory Self-declaration w.e.f 18.6.2024
- Tweets – Defamatory – Due diligence by Social-media intermediary
- Uber / Ola – Cap on convenience fee – Surge / dynamic pricing / peak pricing
- UGC Distance Learning Regulations 2020 – NAAC accreditation parameters
- Unilateral Deemed Conveyance – Parameters of powers under Section 11 of the MOFA Act – Authority performs obligation and duty for the failure of promoter
- Unilateral Deemed Conveyance – Refusal on account of pendency of a title civil suit between promoter and other persons – Illegal
- Unregulated Lending including through digital lending or otherwise – Draft Bill to ban
- Urban Land Ceiling Act – One time premium for Development of exempted Surplus land
- WhatsApp – Posts in private group of Employees – Disciplinary action
- WhatsApp Chatbot of the Delhi High Court – case real time updates
- Workman – Serious Misconduct – Slapping superior officer – Industrial Tribunal held such act as “not too serious to inflict punishment of termination” and awarded punishment of stoppage of one increment
- Workmen’s Compensation Act, 1923 – Injury while on ship duty as Seaman (Deck Sarang) on the ship – Declared Medically unfit – 100% permanent disability under clause 12 of the National Maritime Board Agreement
- Writ Petition of widow of Ex-serviceman for widow identity card – Denial in view of ex parte Divorce Decree –
2025
- : SC Upholds Boiler Claim of Sugar Factory : Insurer Cannot Repudiate Without Proof
- A Lesson in Due Diligence : Delhi HC on Unregistered Agreement and Arbitration
- A Win for Policy Holder – Delhi HC Restores Arbitral Award against Limitation Clause in Insurance Policy
- Accident – Contradictory stand of employer in disciplinary inquiry and in claim petition
- Accident – Compensation – Truck driver – Considerations to determine Income
- Accident – Death of Central Government Employee – If compensation can be reduced for compassionate appointment of daughter
- Accident – Reduction in compensation for filing IT Return after date of the incident – Illegal
- Accident compensation – Appeal or cross objection of claimant is not necessary for enhancement
- Accident Compensation – Court cannot sit over disability determined by Medical Board
- Accident Compensation – Deduction of Medical Insurance amount is not permissible
- Accident Compensation – Duty of the Court to award just compensation even if less valuation is made by the claimant
- Accident Compensation – Learner’s licence of person driving the motor cycle
- Accident Compensation – Allowances with pay package are income
- Accident Compensation – Breach of Policy & Doctrine of Pay & Recover
- Accident Compensation – Contributory Negligence – Assessment
- Accident Compensation – Contributory Negligence – Site plan filed first time in the Supreme Court
- Accident compensation – Loss of future income – Deduction that the appellants stepped into the business of deceased parents – Illegal
- Accident of tractor – death of coolie travelling in trailer – liability – Section 147(1)(b) – MV Act
- Admission – Dental course – Online Uploading of documents – Lack of connectivity to the portal
- Advocates – License for drafting sale-deeds, etc and presentation before Sub-Registrar
- Age Bar in Surrogacy Act Not Retrospective – Supreme Court Upholds Reproductive Rights
- Agreement of 2015 for two years – Arbitration invoked in 2022 for claims 2019 to 2021.
- Algorithms instruments of power – IT Intermediary
- Amended corrected Bank Guarantee – Mistake in submission of Bank Guarantee for tender
- Anti-Arbitration Commercial Suit for permanent injunction
- Appointment of Arbitrator at post-award stage – Duty of the Referral Court is onerous
- Arbitrability – Contract procured by fabricated documents
- Arbitrability and Dispute of Infringement of Copyright
- Arbitrability of Disputes arising out of post-expiry of Franchise Agreement and misuse of Intellectual Property Rights
- Arbitral Award – LLP vs. Partners
- Arbitral Award – MSMED Act – Delivery & Acceptance Date
- Arbitral Award – Powers of Executing Court – Unilateral appointment of Arbitrator
- Arbitral Award – SC says No compound interest without contract
- Arbitral Award – Interest – Section 31(7)(b) of AA & Section 2(b) of the Interest Act, 1978,
- Arbitral Award – Legitimacy of trading – Absence of prior written consent – NSE Regulations
- Arbitral Award – Service – Delay of five months in collecting copy of the Award – Section 31(5) AA
- Arbitral Award based on contractual breaches (failed purchase order) will be upheld unless patently illegal – Bombay HC
- Arbitral Award Delivery Delay is not a mere procedural lapse but erodes the ltigitmacy of the Award.
- Arbitral Award of Damages for Loss of Profit on short closure of the contract
- Arbitral Award of Facilitation Council – Limitation – Section 18(5) of MSME Act & Section 29A of AA –
- Arbitral Tribunal has powers to implead a non-signatory as party to the counter claim
- Arbitration – Disputes between partners of LLP
- Arbitration – Objection to exhibiting documents should be decided then and there instead of postponing.
- Arbitration – Preliminary issue of limitation decided on the basis of demurrer
- Arbitration – Seat & Venue – Multi-jurisdictional clauses of the Agreement
- Arbitration – Section 17 – Interim stay to the termination of Development Agreements
- Arbitration – Section 21 Notice by one of the partners – sufficient
- Arbitration – Section 34 Petition – Territorial jurisdiction & Section 42 AA
- Arbitration – Service of Award – Requirements of Section 31(5) of the AA
- Arbitration – When Guarantee Deeds Echo Loan Agreement
- Arbitration – Whether new partner of the firm is a necessary party
- Arbitration & Bilateral Investment Treaty of UK and India
- Arbitration & Compensation Claim of Employer – Resignation before stipulated period
- Arbitration & Non-signatory successor company of erstwhile lender merged company
- Arbitration and Fall Clause in the agreement to reduce price
- Arbitration Claim barred by limitation – Powers of Section 34 Court
- Arbitration Clause & Post Decree Disputes – Bombay HC Draws Line
- Arbitration Costs Award – Principles and Practice – Bombay HC Reduces Costs of Rs.1.6 crores to Rs.25 lakhs .
- Arbitration Survives Allegations: Bombay HC on Fraud, Fairness and Finality
- Arbitration Survives Company Governance Gaps : Bombay HC
- Arbitration Survives FIR & Criminal Complaint – Bombay HC Reinforces Limited Judicial Interference.
- Arbitration Win for Seller – Market Escalation & Buyer’s Inaction Proved Decisive
- Arbitrator – Appointment – Dissolution of Partnership Firm
- Arbitrator – Appointment – Pendency of civil or criminal litigation between partners is not a bar
- Arbitrator – Appointment by ad invitum & proviso to Section 12(5) of AA
- Arbitrator – Challenge to his impartiality based on Google Search
- Arbitrator – Legitimacy of Non-Lawyer Arbitrator – Principal of a College
- Arbitrator & Principles of Equity in contractual matters.
- Arbitrator Appointment – Joint application or clubbing of applications is not maintainable
- Arbitrator Fees – Unilateral fixation and rejection of counter claim for non payment of fees
- Arbitrator Independence and Law Firm Briefings – Limits of Section 32(3) Categories
- Arbitrator’s Continuation Impermissible After Mandate Ends – Rules Supreme Court
- Arrest – Grounds given to the father who made complaint against the accused
- Arrest – Non-compliance with section 47(1) of BNSS – Remand is illegal
- Arrest of Woman Accused after sunset – Section 46(4) of Cr PC & Article 21 of the Constitution
- Article 19 is citizen centric & American Social Media Platform cannot seek protection
- Article 36 of the Maharashtra Stamp Act – Stamp Duty on “renewal of a perpetual lease”
- Award – Objection in execution petition for non-service of signed copy of the award
- Award Must Resolve, Not Recycle Disputes : SC on Arbitrator’s Indecisiveness
- Award of Rs.178 crores lost for Excluding a Necessary Party
- Bank and Pygmy Agents – Application of EPF Act –
- Beyond Clause – Why MSMED Act Determines Seat of Arbitration
- Beyond Formal Equality : Delhi HC on Disability, Appointment, Confirmation and Relaxation
- Blacklisting of contractor for three years for breach of contract
- Bombay HC – No Powers of Substantive Review of Deemed Conveyance under MOFA.
- Bombay HC – OC Issued But No Water – Home Buyer Still Gets Interest for Delayed Possession under RERA
- Bombay HC – Rights of third Party purchasers of earlier developer against society
- Bombay HC – Title Validity Disputes Beyond RERA’s Jurisdiction
- Bombay HC – Arbitration – No damages without Proof of Loss
- Bombay HC – Arbitration Section 11 Petition dismissed, Constructive Res Judicata Applies to AAI
- Bombay HC – Bank Must Pay to Illiterate Widow for Negligence in Joint Account Fraud
- Bombay HC – Brokerage Agreements are binding and NSE Circular cannot retroactively invalidate them
- Bombay HC – Change in Shareholding by disinvestment is not transfer of land of State Government
- Bombay HC – Developer Cannot Unilaterally opt for Condominium – Cooperative Housing Society Registration by members Upheld
- Bombay HC – Monetary Claims Cannot Block Membership of Cooperative Housing Society
- Bombay HC – No Membership of Housing Society Unless “Flat” is in the Sanctioned Plan.
- Bombay HC – Pending divorce petition alone cannot deny Widow’s right to family pension.
- Bombay HC – Powerful Precedent for Teachers’ Welfare and Compassionate Interpretation of Medical Reimbursement Scheme for Son’s Illness
- Bombay HC – SARFAESI Auction Cannot Be Finalized During IBC Interim Moratorium
- Bombay HC – Termination for Disability while in Service is illegal under Section 47 of the PwD Act.
- Bombay HC Cancels Conveyance of Housing Society for Non-Disclosure and Improper Inquiry
- Bombay HC Confirms Cost Overrun Claims in Arbitral Award of Interior Contract against Bank of India
- Bombay HC DB Important Judgment on Res Judicata, Narrow Public Policy and Corporate Veil Principles Strengthens Foreign Award Enforcement
- Bombay HC Declines Arbitration Control – Telangana Plant Insurance Dispute
- Bombay HC Draws Line Between Residential and Educational Licenses for the Rent Control Act
- Bombay HC Flags Gaps in MSME Arbitral Award – Fabricated Invoices & Post-Dated GST Returns
- Bombay HC Holds Rule 9 of MOFA Rules Overrides Clauses of Developer Agreement
- Bombay HC Invoked Section 144 CPC for Interest on Delayed IGST Refund
- Bombay HC Message to Market Arbitral Tribunals – Arbitral Awards must be evidence-based
- Bombay HC on Arbitral Award in Architecture Bills Dispute
- Bombay HC on Crystalizing Boundaries for Common Layout Land Measurement in Deemed Conveyance of one Society
- Bombay HC on Jumpin Dispute : Arbitral Award must be Reasoned, Not Generous
- Bombay HC on Limits of Arbitration Referral in Mumbai Metro Line Dispute of Settlement Agreement
- Bombay HC on Share Trade Confirmation over Procedural Gaps
- Bombay HC Protects Cooperative Society Democracy : Supersession of Housing Society Committee set-aside
- Bombay HC Quashed Rs.200 crores Arbitral Award against Thermax
- Bombay HC Reinforces autonomy of flat buyers to form own society in the area of parent society
- Bombay HC Reinforces MOFA disclosures and sanctioned plans govern conveyance scope
- Bombay HC Reinforcing Arbitral Autonomy in Real Estate Development Contracts
- Bombay HC rejects Discharge Plea of Karvy CEO in SEBI Case
- Bombay HC Rejects Enemy Property Claim for want of Evidence
- Bombay HC Restores Elected Trustees – Quashes Administrator Order in Shani Shingnapur Trust
- Bombay HC Revives Arbitral Award against TMC and Restricts Section 34 Court Interference
- Bombay HC Rules – Composite Mortgage Deed for Multiple Loan Agreements Constitute Distinct Transactions for Stamp Duty
- Bombay HC Rules Agreement to Lease of CIDCO Plot Attracts only Agreement Stamp Duty of Article 5 & Not Article 36
- Bombay HC Ruling – Committee of Housing Society cannot Function below Statutory Strength.
- Bombay HC Simplified New Promoter Transition for Consent Rule
- Bombay HC Strengthens Insurance Law – Non-Forfeiture Clause Protects LIC Policyholders
- Bombay HC Strikes Down Arbitrary Order for Test Audit of Coop Society
- Bombay HC to Arbitrator : Stick to the Contract, Not the Committee Minutes
- Bombay HC Upholds Arbitral Award against Securitrans India in ATM Cash Theft Case
- Bombay HC Upholds Disqualification of Housing Society Committee Members for Failure to Supply Documents
- Bombay HC Upholds PMC’s Power to Levy Licence Fees on Sky Signs and Hoardings.
- Bombay HC’s Big Call for Developers & Societies on TDR, FSI, DRC & Registration
- Bombay High Court – Important questions on Sections 40, 41A and 50 of the Code of Criminal Procedure
- Bombay High Court – Order under Section 32(2)(c) of the Arbitration Act is not an award
- Bombay Stock Exchange – Arbitral Tribunal – Award for Share Trading Dues
- Bulk Water Tariff Orders – Godavari River – Classification of Industries for different tariffs.
- Calcutta HC – Arbitration – Amendment must be timely & justified
- Civil Dispute Vs Criminal complaint for breach of contract
- Civil property dispute converted in criminal case – Abuse of court process
- Collateral lies Don’t Void In Coverage – PH HC on Insurance Repudiation
- Commercial Court – Jurisdiction – Counter Bank Guarantee governed by Egypt Laws
- Commercial Suit – Order XIIIA CPC – Transfer of ITC shares
- Commercial suit against foreign residents – Section 20(c) CPC – Jurisdiction & Private International Law
- Commercial Suit of Multi-Commodity Exchange of India for recovery – Limitation
- Commercial Use without OC – Bombay HC Says No Relief, No Excuse
- Compassionate appointment – employee bedridden and under medical invalidation
- Compassionate appointment of third born after cut-off date
- Compensation – Accidental Death of retired employee – Deduction of Family Pension is not permissible
- Compensation – Application of “Split Multiplier” for reduction in loss of dependency – pre & post-retirement income
- Compensation – Major sons and married entitled as legal heirs of deceased victim
- Compensation – Assessment, IT Deductions, Allowances & Multiplier – Lessons from the SC Judgment
- Compensation – Claim for Loss of Dependency by major son & daughter not dependent on the income of deceased mother
- Compensation Does not Die – SC Judgment Redefines Rights of Legal Heirs of Accident Victim
- Compensation in foreign currency – Exchange rate on the date of accident or filing petition
- Consultant Doctor is not employee of Private Hospital – TDS Clarification
- Consumer Forum Overreach – Bombay HC Says Not So Fast
- Contract clauses bar claim for damages for loss on account of delay
- Conveyance – Denial for 10 years for non-developement of two other buildings
- Cooperative Housing Society – Required number of members for registration
- Copyright Act – License for sound recordings – Phonographic Performance Ltd
- CREDAI wins clarity in SC – Urban Projects near Sensitive Zones
- Culpable homicide – Electrocution of employees working on shop sign board
- Cyber attacks & Cyber Crisis Management Plan – IRDAI Circular of 24.3.2025
- De-registration of Apex Association of Housing Societies on the objection of Developer
- Deemed Conveyance – Agreement Vs Rules 9 and 11 of MOFA Rules 1964
- Deemed Conveyance – Dispute between landowners and Developer
- Deemed Conveyance – Unauthorised Construction of three floors by Developer
- Deemed Conveyance & Civil Suit
- Deemed conveyance Certificate – Authority has no powers to correct area by corrigendum
- Deemed Conveyance Certificate – Exclusion of Recreational ground and internal roads
- Deemed Conveyance Certificate – Third application without challenging rejection of earlier second application
- Deemed Conveyance Certificate & Full Development and utilisation of additional FSI
- Deemed Conveyance for ownership – Agreement for leasehold rights to Society
- Deficit Stamp duty – Property affected by CRZ-II and tenancy related encumbrance
- Delay in giving possession of flat – Delay in filing appeal before NCDRC
- Delayed Payment charges for delay in giving possession without occupancy certificate
- Demurrage Denied – Bombay HC Upholds Limitation Bar in Charterparty Dispute
- Detention at Airport Immigration Office on look-out notice is arrest for section 48 BNSS
- Developers Win as Karnataka HC Scraps RERA Delay Fees Circular
- Digital Access in New Buildings – Beyond Brick and Mortar
- Digital India – Digital KYC – E-KYC – Exclusion of persons with physical disabilities
- Dignity First – Maharashtra 15.12.2025 GR Secures Senior Citizens in Housing Redevelopment
- Disabilities Act – Approach and Attitude of the State
- Disciplinary Enquiry – Charge sheet after 12 years illegal says Supreme Court
- Disciplinary Inquiry – Non-supply of preliminary inquiry report & Principles of Natural Justice
- Discipline over Sympathy – CISF Service – Dismissal for Bigamy
- Discontinuation of Contract abruptly before expiry of period & without giving any reason
- Dismissal – Misconduct in education department – Disciplinary inquiry by the High Court after appointment as Civil Judge
- Dispute of refund of cancelled air tickets is not commercial dispute
- Disputes relating to redemption of mortgage are not arbitrable
- DV Act – Proprietary rights Vs Women’s Rights as part of Human Rights
- Electricity – Mahavirtaran Amnesty – Payment of 100% theft amount by auction purchaser
- Electricity Act Overrides Arbitration Act –
- Electricity Act, 2003 – Whether a Lessee or occupant is a “consumer” Sections 126 & 127 – Important Question decided by Bombay HC
- Employment Agreement – Exclusive Jurisdiction Clause – Section 28 of Contract Act & Section 20 CPC
- Entry (X) Visa & Blacklisting of Foreign National Spouse of Indian Citizen – Section 3 of the Foreigners Act, 1946
- Equitable Mortgage – Importance of Deposit of Title Deed for Priority between two Mortgages
- Equity Over Error – SC Balances Justice in MV compensation
- Express agreement in writing to waive unilateral appointment of Arbitrator is mandatory
- F
- Family Court order for father to “apply-each-time” for visitation during visit to India to meet daughter
- FIR – Offence – Section 31 of the DV Act – Order for maintenance, residence and compensation
- FIR in 2017 for offences of Sections 406 and 420 IPC – Non-payment of goods supplied in 2014
- Foreign Father’s Immigration status on the date of birth of child in India is decisive for minor’s passport
- Foreign Social Media – No Fundamental Rights – Karnataka HC favours Government’s Online Oversight
- Forfeiture of Gratuity of Bank Regional Manager – Bombay HC
- Fraudulent Siphoning Off Shares of Investors – Misuse of Power of Attorney by Stockbroker – Liability of CDSL as Depository
- Freezing / Attachment of Accounts Accused – Section 102 of Cr PC & Section 18A of the Prevention of Corruption Act
- Fresh Arbitration for second time and fresh Appointment of Arbitrator
- Fresh Lease, Fresh Duty – Bombay HC – Stamp duty on renewals
- From Accident Injury to Mortality – SC for Proof Beyond Proximity
- From Arrears of Previous Owner to Admission of new Member in Housing Society – Bombay HC Ruling
- From Goa to Interpol – Aadhar Card Trail of Foreign National Faces legal Heat
- From Tweet to FIR – Not Without Due Process & Prior Inquiry
- From Tweet to FIR – Not Without Due Process & Prior Inquiry
- German Visa – Refusal for non-compliance of section 5 of Special Marriages Act
- GR dated 4.7.2019 is not statutory and does not override the autonomy of cooperative housing societies.
- GST – Development Agreement – Clause 5B of Notification dated 28.6.2017 – services by way of development rights or FSI for construction of a project
- GST – Goa University – Educational activities – Affiliation Services to constituent colleges
- HC can appoint Arbitrator if mediation is not initiated under MSMED Act
- Home buyer – Delay in giving possession – Interest and Refusal to take possession
- Home Loan Borrower’s death – Policy Ambiguity & Contra Proferentem
- Housing Society cannot levy maintenance or service charges as per area of the flat – Cooperative Court
- Housing Society Maintenance Dues Enforceable against Developer – Title Dispute Not a Shield
- Housing Society NOC for Consolidation of Flats
- IAS Officers of MP cannot be reporting, reviewing or accepting authority for performance appraisal of IFS Officers
- IBC – Resolution Plan of IHL Lifesciences for acquisition of Parental Drugs – Salutary tips of Law Firm for the investors
- IBC & Home Buyers – Financial Creditors Vs Speculative Investors
- Illegal Arrest, Remand and Custody – Section 58 of BNSS 2023
- Illegal construction of community hall on reserved land for playground – Illegal permission by MHADA & BMC – Inquiry
- Illegality of unauthorised structure of reputed school is incurable
- Immigration & Foreigners Bill,2025 – Introduced in Lok Sabha on 11.3.2025
- Impartiality Requires More than Prior Views of Arbitrators – Rules Delhi High Court
- Importance and Relevance of Doctrine of “Ante Litem Motam” in the Arbitral Disputes and Claims
- Indiscipline in Uniform – Absenteeism – Zero tolerance of SC
- Insurance – Difference of opinion of two Surveyors on cause of loss either seepage or heavy rains
- Insurance – Pay and Recovery – Utility & Goods Vehicle
- Insurance Claim – Repudiation for non-payment of national permit authorisation fees of truck
- Insurance claim – Repudiation for partial non-disclosure of material facts of other policies
- Insurance Special Condition “Voyage should commence & complete before monsoon sets in”
- Interest at 38.85% under Section 16 of the MSMED Act granted under Ad-hoc Arbitration is legal.
- Interest on retiral benefits – Doctrine of restitution from due date when Employee exonerated in disciplinary inquiry
- Investor Disputes – Bombay HC Quashes Arbitral Awards of NSE, BSE & MCX
- IPL -Royal Challengers Bengaluru – Prayer to ban advertisement of Sunrisers Hyderabad Cricketer Travis Head
- IRDAI Order of 19.2.2025 – Insurance Broker – Penalty of Rs.1 crore for violation
- IRDAI Order of 23.1.2025 – penalty of Rs.1 crore – Violation of Outsourcing of Activities Regulations, 2017.
- IT Act – Rebate of Section 87A – Online filing of Return – PIL by Chamber of Tax Consultants
- Justice for Every Pothole Death: Bombay HC Orders Rs.6 lakh Compensation
- Justice for Frontline Heroes – Insurance Benefits Restored by the Bombay HC
- Justice for the Bar – SC shields Advocate from harassment
- Justice in Milli-meters – Bombay HC rounded height criteria to higher stage for Armed Forces Entry
- Justice over Limitation – Stamp duty refund – failed Foreign Investment
- Kabaddi Player -Cancellation of eligibility certificate granted earlier
- Karnataka HC says that the LLP disputes must go to Arbitration by default.
- Land Acquisition & Compensation Vs. TDR / FSI
- Leave Encashment of unutilized leave earned during Re-employment
- LegalDeli.In Launches Arbitration Services
- Lenders Rights on Pledged Shares after closure dates
- Liberty First : SC Says Arrest Must Be Explained in Writing and In Time
- Limits of Seizure of Immovable Property by Police – Section 102 Cr PC & Section 4 MPID Act
- Liquidated damages and Extension of time to complete the project
- Liquidated damages for resignation before prescribed period – Indemnity Bond
- Maharashtra Stamp Act – Stamp Duty & Development Agreement –
- MahaRERA – Powers to Cancel Registered Agreement at the Instance of Promoter
- Majority Rules, Legally – Bombay HC Upholds General Body Supremacy in Housing Society Resolution
- Marine Hull Insurance Policy – Breach of Warranty – Repudiation of claim & Policy Cancellation
- Married in India, Divorced Abroad by Foreign Court
- Maternity Leave – Third child from second marriage – Object is to protect dignity of motherhood
- MBBS Admission – Persons with Disability
- MBBS Course – Denial of admission to a student with disability
- MBBS Course – PwD quota – Eligibility of Student disability for admission
- MCX Commercial Suit Dismissed – Bombay HC Imposes costs of Rs.20 Lakhs for Procedural Abuse
- Mediator Fees – HL Committee Meetings – Govt Procurement contracts above 10 crores
- Medical Negligence – SC vindicates Doctors & Treatment
- Medical Reimbursement – Denial for treatment in OPD for chronic kidney disease – Illegal
- Medical Reimbursement under CGHS for Heart Transplant at the private hospital – Central Govt Pensioner
- Medical Student’s Future is not Fiction : Bombay HC Awards Realistic Accident Compensation
- Membership of Housing Society – Welfare Fee is Legal Camouflage
- Membership of the Housing Society for Auction Purchaser
- Metaphor and the Law – Information and Insightful Article
- Milton JV AAward Quashed for Perversity by Bombay HC
- Misconduct in passing Land Settlement Order- Quasi Judicial function – Judges Protection Act 1985 –
- Mistake of contractor in giving in bid price – Encashment of bank guarantee
- MOFA – Deemed Conveyance – Quasi Judicial Authority – Res Judicata
- MOFA Vs Slum Act Vs MHADA land and Slum Scheme
- Moratorium under IBC & Section 27 of the Consumer Protection Act, 1986
- MSME Arbitration – Bombay HC Flags Lapses of Fabricated Invoices & Post-dated GST Returns
- MSMED Act – Companies to file return to MCA for non-payment of MSME dues
- MSMED Act & IBC – Objection to Arbitral Award in execution petition without challenging it in section 34?
- MSMED Act, 2006 – Arbitral Award – Section 34 Petition – Delay – Section 14 Limitation Act
- NA permission – Condition for use of road for adjacent owners of lands
- NBFC asset less than 100 crores is not a secured creditor for SARFAESI Act
- NCDRC Affirms Housing Society as “Consumer” under the Consumer Protection Act
- No Hearing, No Justice – HC Rebukes Drug Production Ban
- No More Split Multiplier : Apex Court Reinforces Guidelines in Accident Claims
- No Shortcut to Custody – Bombay HC Penalizes Police for Illegal Arrest Bypassing Due Process
- Nomination of mother for Provident Fund and Widow for other retiral benefits of employee
- Nominee Vs. Legal Heir – Section 39 -Insurance Act, 1938 (Amended in 2015)
- Nominee is Receiver, Not Heir – Supreme Court Clarifies GPF Nominee’s rights
- Non-Bidder PILs – Not Maintainable – Amounts to Proxy Litigation.
- Occupancy Certificate withheld for six years by the CIDCO – Highhanded action
- Offence -Mah Non-biodegradable Garbage (Control) Act
- Online Real Money Games – Restrictions of Time, Monetary Limit, Age Restriction or Aadhar verification
- Open Distance Learning and Online Programs – UGC approval
- Order under Section 23(3) of Arbitration Act – Whether an interim Award?
- Paralysis Disability while in service – Section 47 of the Persons with Disabilities Act, 1995
- Parents of deceased “unmarried” employee are eligible for pension – Rule 116(16)(b) of the MCS (Pension) Rules, 1982
- Parity Doctrine – SC Judgment – Implications for Buyers and Developers
- Passport – Pendency of case registered under Section 15 of the NDPS Act.
- Peaceful pamphleteering & banner against the Developer – Criminal defamation
- Pension Cannot Be Withheld for Section 138 NI Act Conviction
- Personal property converted to the Partnership property – becomes property of firm
- Persons with disabilities – Regularisation in service sought to be taken away with retrospective effect
- Persons with Disabilities & Persons with Benchmark Disabilities – distinction for recruitment examinations
- PIL for removal of Mobile Towers in PMC, PCMC & PCNTDA
- PIL of journalist against Borivali Thane Twin Tunnel Project
- Politics Vs Public Good of Slum Redevelopment
- Prayer of NRI to appear before EOW through Video Conference for statement in MPID case
- Primary Teachers – How to ensure attendance in the school – Use of Technology
- Probation – Continuation for 6 years without confirmation shocks judicial conscience –
- Probationer – Deemed Confirmation – Termination – Stigmatic
- Profit-oriented purchase of software is not covered by the Consumer Protection Act.
- Profits from Broker’s Mistake belong to the Trader – Rules Bombay HC
- Prominent changes in Sec.175 BNSS in comparison to Section 156 Cr PC
- Promoters Cannot Obstruct or Object Deemed Conveyance of Housing Society -Bombay HC
- Promotion – Sealed Cover Procedure – Deemed Date
- Public Place & Private Use – SC clarifies vehicle tax exemption
- Quashing of FIR for offences under Sections 186 and 353 IPC
- RBI Directions of 26.9.2025 – Streamlining Succession
- Recovery of Housing Society’s Dues – Registrar’s Duty is Not Optional
- Redevelopment – Hurdle of objecting two members – Interim relief to solve stand-off
- Redevelopment – Slum Area – Eviction of Slum Dwellers
- Redevelopment – Termination of appointment of Developer – Interim Injunction
- Redevelopment Dispute – Termination – New Developer & Injunction
- Reference by the Civil Court to Arbitration – Allegations of fraud & false documents
- Reference of Dispute by Insured to Arbitration after full and final discharge voucher
- Refiling of Section 34 petition after removal of defects is Fresh Institution
- Registered Post Vs Receipt – Section 138 NI Act Notice – Limits of Section 27 GC Act presumption
- Rejection of Technical bids of Tenders for Navi Mumbai Airport Infrastructure Works – Illegal
- Removal from Service for absenteeism – Whether entitled to Compassionate allowance
- Report of Cooperative Authorised Officer replaced before its submission is invalid- Bombay High Court
- Repudiation of Claim -Treatment of cancer – Suppression of material facts and daily alcohol drinking
- Repudiation of Insurance Claim on the ground that the loss was outside policy
- Rule 10 Prevails – Bombay HC Clarifies Five-Year Limit on Extension for Mining Auction Letter of Intent
- Rule 3A of the BHC Appellate Side Rules, 1960 – Jurisdiction of the Kolhapur Circuit Bench
- Sale of Trust Property – Three Classic requirements
- Sales Tax dues of an proprietor – Attachment of jointly owned flat
- Sandmining impact on Environment –Supreme Court Judgment
- SC – Highest Sale Exemplar must guide land compensation
- SC – Legal Metrology Search Must Follow Cr PC for search
- SC – Procedure is handmaiden of justice, not its mistress
- SC – Section 13(1A) of the Commercial Courts Act
- SC -Technical Bid – disqualification must be based on clear grounds
- SC – Private Doctors Requisitioned in Covid-19 Entitled to Rs.50 lakhs PMGKY Insurance
- SC Cautioned Insurers against denying claims based on speculative or irrelevant technicalities.
- SC Clarifies – Section 138 NI Act Tied to Payee’s Bank Branch
- SC Clarifies – Who counts as Party for Delivery of Arbitral Award?
- SC Clarifies – Trustee Alone Liable in Cheque Bounce Case, Not the Trust
- SC Clarifies Scope of Pre-Existing Dispute for Section 9 IBC
- SC Clarifies Section 9A of Stamp Act – Society Registration is Conclusive Proof for exemption
- SC Defines Boundaries -Mobility from Reserved to General category
- SC Discourages post-award enforcement litigation
- SC Enhances Compensation for Parents of 14-year-old Accident Victim
- SC Judgment of 269 pages Brings Clarity on Termination of Arbitral Proceedings
- SC Landmark Ruling on Medical Negligence, Hospital Accountability, Patient’s Rights to Compensation and Jurisdiction of Medical Council
- SC on Arbitral Award with 24% interest as per loan agreements – Valid
- SC on Letter of Intent, Legal Character, Rights of Parties
- SC on Policy Coverage of “FFF”
- SC Protects Theatre Rights Against Distributor Cartels – No More Ban
- SC Quashes Arbitrary Bid Rejection to ensure Fair Play in Public Tenders
- SC Reaffirms Burden of Proof on Involvement of Offending Vehicle in Accident Compensation Claims
- SC Reaffirms Limits of Property Title – GPA & Agreement to Sell
- SC Reimagined Cheque Bounce Cases
- SC Reimagined Compensation in Functional Vs. Medical Disability
- SC Says Affidavit Error Cannot Defeat Section 7 IBC Petition
- SC Strengthens Rule of Law in Passport Renewal Cases
- SC Upholds Home Buyers Rights – IBC Resolution Plan
- SC Upholds Landowner’s Preferential Right in Slum Redevelopment
- SC upholds pendente lite interest despite contractual bar
- SCNotice of Tender Must be Clear and Unambiguous –
- Section 11 – Appointment of Arbitrator – Disputes of Partnership
- Section 11 of MOFA – Deemed Conveyance – Powers of Competent Authority – SC Judgment
- Section 11 of the Arbitration Act – Reference – Limitation – Third Party
- Section 12 of the DV Act – Widow has right to reside in the shared household & matrimonial home
- Section 12A -Commercial Courts Act – Legal notice for mediation
- Section 13(2) of Slum Act – Termination of Developer after 31 years
- Section 13(8) of SARFAESI Act – Right to Redemption of Mortgage & Rights of Auction Purchaser
- Section 138 of the NI Act – Liability of Accused who ceased to be Partner
- Section 138 of the NI Act – Liability of Accused who ceased to be Partner
- Section 141 of NI Act – Vicarious liability of Directors for dishonour cheque of the Company
- Section 148 -NI Act – 20% payment pending appeal against conviction
- Section 148 of Income Tax Act – re-assessment notice to the non-existing company
- Section 154B-13 of the MC Societies Act – Mandatory Duty of the Housing Society to transfer shares and admit nominated person as Member
- Section 16 higher Interest of MSMED Act applies even in adhoc arbitration
- Section 17 AA Interim relief Not Automatic in Redevelopment Arbitration
- Section 17(2)(vi) of the Registrar Act – Compromise in divorce petition
- Section 18 of MSMED Act – Whether registration is necessary pre-condition to refer dispute to the Facilitation Council?
- Section 18 of RERA – Can home buyer withdraw from the project after OC
- Section 18 of the MC Societies Act – Division of Societies
- Section 19(3) AA – Powers of Arbitrator to allow withdrawal of a claim to file a fresh claim.
- Section 21A of MCS Act – Purchasers – No locus standi to challenge registration
- Section 28 of the MCS Act – Purchase of Five Bungalows by the Company in the Housing Society
- Section 29A does not provide extension of mandate of Arbitrator after the award is passed
- Section 33 Review Application and Delay in filing section 34 petition
- Section 34 Court – Obligation to consider the grounds and record findings
- Section 34 Petition – Interplay of Limitation and Section 12 of the Limitation Act
- Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950 – Extension of time for sale deed
- Section 4 – Residence Order – Right of senior citizen to live in peace and without obstruction
- Section 439 – Cr PC – A person is deemed to be in custody after the police had held him.
- Section 48A of the Maharashtra Stamp Act – Limitation for refund starts from the date of execution of cancellation deed
- Section 48A of the Maharashtra Stamp Act – No express powers to review earlier order of refund of stamp duty
- Section 48A of the Maharashtra Stamp Act – Refund of stamp duty wrongly retained – Interest granted
- Section 50 BPTA – Consent of Charity Commissioner for Civil Suit of Trustees
- Section 55(5) of the Motor Vehicles Act – Cancellation of Imported Car Registration Certificate
- Section 56 – Maharashtra Police Act – Externment for offences other than IPC
- Section 56(2)(x) of the Income Tax Act – Redevelopment – New Flat in lieu of old flat – Tax liability
- Section 64VB of the Insurance Act Clarified – Insurer Bound to Honour Policy Once Premium for Renewal received
- Section 7(1)(ii) read with Section 3(2)(c) and 4(1A)(a)(i) of MOFA.
- Section 8 AA Reference Rejection Set Aside : Bombay HC Reaffirms Pro-Arbitration Approach
- Section 9 – Interim relief of status quo on transfer of shares pending Arbitration in Singapore
- Section 9 -Arbitration Act – Court has wide powers to grant wide range of interim measures
- Section 9 AA – Interim relief for gag order on distributing from making disparaging statements
- Section 9 AA Petition of 90 years old USA resident for interim measures
- Section 9 of the Arbitration Act – Territorial Incompetence
- Section 9 Petition – Interim relief – SIAC Foreign Award – Section 37 appeal
- Section 9 petition of sub-contractor against contractor
- Section 9 Petitions – Interim Relief – Access to the amenities in Lodha Worli
- Sections 139 and 141 of the MC Societies Act – Discharge of Surety from Loan Liability
- Sections 21, 11 and 16 – Arbitration Act – Bar to impleadment of parties in the Statement of Claim
- Sections 25, 26 and 44 – Water Pollution Act 1974 – Conviction and Sentence -Vicarious Liability
- Sections 33 & 38 of the Maharashtra Slums Act, 1971
- Sections 52 and 53 of MRTP Act – Tenant cannot challenge notice of Municipal Corporation
- Sections 6, 9, 154B-2(4) and 154B-1(8).of MC Societies Act and Section 10 of MOFA.
- Sections 77A & 154B-19 of MC Societies Act & GR dated 3.1.2024
- Secured Creditors – Priority over the assets attached PMLA and MPID Act – SARAESI Act, 2002
- Senior Citizen – removal from her own flat – High Court ordered restoration
- Senior Citizens Act – Eviction Order without any claim for maintenance or allegations of harassment or cruelty.
- Seniority of Secondary School Teachers – Category C of Schedule F of the MEPS Rules 1981
- Service of Notice through Whatsapp or other electronic modes– Section 41-A Cr PC (Section 35 of BNSS 2023).
- Settlement Agreement – Interplay of Sections 11(6), 73 & 74 of the Arbitration Act
- Share Holders Agreement Enforcement in India through Foreign Arbitral Awards
- Society Bifurcation Upheld : Bombay HC No Need for CIDCO Permission – Section 18 of the MC Societies Act.
- Society Wins Conveyance, Owners Must Go to Civil Court : Bombay HC Mandate
- SRA – Demolition of 17-years redeveloped building to give benefit of DPCR 2034 to new developer
- SRA – Redevelopment – Section 13(2) of Slum Act 1971 – Termination of Developer
- SRA Redevelopment – Height Clearance NOC of Airports Authority of India
- Stamp duty of Rs.7,38,99,000/– Scheme of Arrangement of TTML & Demerger with Airtel
- Stamp Duty refund – Court Upholds Restitution and Interest
- Stamp duty refund -Transaction Fails – No Cancellation Deed
- Stamp Duty Refund for Developer’s Default & Court Delay – Illegal
- Sub-Contractor Stranger to Contract with Employer – Cannot Compel Arbitration against Employer – Ruling of the Supreme Court
- Subvention Home Loan – Default of EMI payments by Builders
- Sugarcane farmers – Right to full payment in 14 days of supply to factory
- Supreme Court – Insolvency Code cannot be invoked to revive terminated development agreements
- Supreme Court – Landmark Judgment of 8.12.2025 on Judicial Restraint in Fiscal Matters including revision or increase of property tax
- Supreme Court Bars HC Review Powers – Finality of Section 11 Arbitrator Orders
- Supreme Court Clarifies Law on Bill Discounting and Compounding Interest in Arbitration
- Supreme Court Defines Financial Creditor and Excluded Preference Shareholders
- Supreme Court Expands Framework for Child Injury and Disability Compensation
- Supreme Court Ruling Curriculum Defines Qualifications and Eligibility Criteria
- Supreme Court says – Fire is Fire – Insurer Cannot Evade Claim on Technical Grounds
- Supreme Court Strengthens POSH Act by Broadening “Workplace” Jurisdiction
- Supreme Court Upholds Forfeiture of Deposit for Breach of Timelines in IBC Liquidation Sale
- Suspension at the fag end of service – Charge Sheet served 12 days before retirement
- TDS amounts constitute payment – Arbitral Award for Refund to the Contractor – Supplier
- Tender – Eligibility Condition of Supply of Sports Kits for last three years
- Termination – Disciplinary Inquiry on Anonymous Complaint after 16 years – Propriety and Legality
- Termination of Chief Human Resources Officer of National Stock Exchange – Maintainability of Writ Petition
- The New Shop for 24×7 shopping for daily needs – closure timing – Mah Shops Act
- Third party buyers cannot be dragged into arbitration.
- Trade Marks Act – Registration of subject device Mark of several matters & words – Application of Khadi Commission
- Trademark Infringement – Court where goods are sold on web portal has territorial jurisdiction
- Trans-border Arbitration – Jurisdiction of Courts in India and Arbitration in Colombia
- Transfer of FL II licence obtained by fraud – Nullity in the eye of law
- Uber Cab – Service Provider – Timely services – Delay in arrival – Flight missed – deficiency in service
- Unilateral Conveyance – Dispute of extent of land and recreational ground
- Unilateral Conveyance Deed – Section 20(4) of MRTP Act – MOFA and Rule 9 of MOFA Rules, 1964
- Unilateral Deemed Conveyance – Federation of Housing Societies Vs Individual society
- Unilateral Recovery & debit of loan from Joint Pension Account violates Article 21
- Urban Land Ceiling Encumbrance Exemption – Premium for Surplus land
- Veritable Party to the Arbitration Agreement & Privity of Contract
- Virtual Bonds – Real Love – SC upholds visitation rights of father
- Void from the beginning – Bombay HC Declares Coop Society Registration Illegal
- When Rule 96(10) Disappears, So Do it Shackles of GST Refund
- When Sudden Death Meets Policy Silence
- Whether a borrower of a project is “consumer” under Consumer Protection Act, 1986
- Whether an arbitration clause in the invoices constitutes “arbitration agreement”
- Whether Power of Attorney has right to execute sale deed after death of principal
- Winding up – Liquidator – Priority of Dues of Mumbai Port on vessels over other creditors
- Women Reservation – Non-creamy layer certificate dispensed with by the GR 4.5.2023
2026
- “Body & Soul” of Arbitration Clause Incorporated in later Agreement
- Accident Compensation – Income of Maritime Engineer
- Accident Compensation Must Reflect Professional Promise, Not Marks – Bombay HC on Third Year BHMS Student’s Accident Death
- Accountability of Insurer for Delay – Pre-reference Interest
- Addition of Future Prospects to the Accident Claim Compensation is mandatory
- AI-Driven Growth – Maharashtra’s Vision & Roadmap 2026-2031
- AP HC – UK Court Order for Custody of minor daughter Not Automatically Enforceable in India
- AP High Court – Commercial Suit – Order VIII Rule 1 CPC – WS filed before 120 days without condonation delay application
- Arbitral Award – GT Engine Damage & Overhauling Claim
- Arbitral Award Quashed – Non-existing Arbitration Agreement
- Arbitration – Collaboration & Tripartite Agreements with Veritable Party
- Arbitration of Promoter after Deemed Conveyance
- Arbitrator’s Conflict Non-Disclosure Vitiates Foreign Award
- Asiatic Society of Mumbai – Public Research Library of 1804
- Bank Accountable for Failure to timely Re-present Cheque
- Bobay HC – Change of Ownership Justifies Reassessment of Property Tax & Ratable Value
- Bombay HC – Disclosure Obligations of Arbitrator under 1996 Act do not apply to 1940-Act Arbitrations.
- Bombay HC – Magistrate has no Powers to Order YouTube Takedowns in Defamation videos
- Bombay HC Clarifies Membership Law – Unregistered Transfers Cannot Confer Housing Society Rights and Ownership
- Bombay HC Quashes Deemed Conveyance – Prior Civil Suit Unconditional Withdrawal Bars Fresh Application of Society under Section 11 MOFA.
- Bombay HC – Arbitral Award Section 84 of the Multi State Cooperative Societies Act 2002
- Bombay HC – Deemed Conveyance – Pendency of the Civil Suit –
- Bombay HC – Delay of 258 Days in Section 11 Petition Condoned under Section 5 of the Limitation Act
- Bombay HC – Doctrine of Severability Applied to Arbitral Claims and to Split the Arbitral Award in Arenel case
- Bombay HC – Employees appointed prior to 31.10.2005 in the partially aided division of 100% aided schools – Old Pension Scheme under MCS Pension Rules 1982
- Bombay HC – FSI Purchase Price Refundable Despiteid Termination of Development Agreement – Section 64 of the Contract Act
- Bombay HC – Interpretation of NRI / OCI Quota in PG Medial Admission
- Bombay HC – Majority Arbitral Award – Mumbai Metro One Project – MMRDA
- Bombay HC – Minority Arbitral Award – Metro One Project & MMRDA – Scope of Powers of Section 34 Court
- Bombay HC – MMRDA & Mumbai Metro One Project – Severance of Arbitral Award
- Bombay HC – Mumbai Cricket Association bound to Arbitration in T20 Mumbai League Dispute
- Bombay HC – Mumbai Metro One Project Arbitral Award – Change of Scope
- Bombay HC – NHAI acquired land – Compensation for easementary loss to petrol pump business
- Bombay HC – No Damages for Defaulting Developer, But FSI Cost Must Be Returned under Section 64 of the Contract Act
- Bombay HC – Non-signatory member of society cannot be forced to arbitration under Development Agreement
- Bombay HC – Section 10 of the MOFA – Rejection of Application of the Society for Deemed Conveyance – Illegal
- Bombay HC – Section 11 – Fresh Arbitration & New Arbitrator – Section 43 Limitation – Share Purchase Agreement
- Bombay HC – Section 11 MOFA – Deemed Conveyance – Common Areas, Roads & Gardens
- Bombay HC – Section 127 of MRTP – Deemed Lapsing of Land Reservation
- Bombay HC – Section 14 of the Indian Ports Act – Liability of Vessel Owner
- Bombay HC – Section 154B-5 – Basement & Parking Area outside FSI and Sanctioned Plan
- Bombay HC – Section 17A of the Prevention of the Corruption Act – Cannot Be Misused as shield in Disproportionate Assets Case – Role of Competent Authority is limited
- Bombay HC – Section 85-B of the ESI Act, 1948 – Damages
- Bombay HC – SEZ in Kharadi, Pune – SEZ State Policy of 2001 for Exemption of Taxes – Demand of Octroi Refund to PMC
- Bombay HC – Stock Broker uploaded incorrect PAN details causing inability to pledge shares under MTF and loss to the investor on account of auction of shares by Stock Exchange
- Bombay HC – Acquittal in bribery case does not guarantee full salary for suspension period – Employer not liable for employee’s bribery prosecution
- Bombay HC – Adoption of Abandoned Child under Juvenile Justice Act & HAMA Ensures Equal Caste Entitlements
- Bombay HC – Arbitral Award by Ineligible Arbitrator Cannot Be Enforced as Legal Decree
- Bombay HC – Assignment of Leasehold Rights in MIDC Industrial Plot Not Taxable as Service under GST
- Bombay HC – Award for Severance, Loss of Business and Loss of Easementary Rights – Section 3G(5) of the NH Act & Section 37 Arbitration Act
- Bombay HC – Back wages Not Automatic – Require Proof of Employment
- Bombay HC – Bombay HC – POSH Inquiry Report carries full weight as Inquiry Report for major penalty
- Bombay HC – Charity Commissioner has no power to direct change of Trust Name – Section 70A of the Maharashtra Public Trusts Act – Deletion of the word “National” – Suo Motu Proceedings
- Bombay HC – Circular of 24.1.2023 on Land Acquisition Compensation Invalid
- Bombay HC – Claims of Developer for Compensation and Injunction Beyond Scope of Section 6 of the Specific Relief Act – Suit for Composite Reliefs Not Maintainable.
- Bombay HC – Collector’s Powers under MLR Code Affirmed – Gairan Land Validly transferred to MHADA for affordable housing
- Bombay HC – Commercial Suit – Strict 120-Day Limit for Filing Written Statement
- Bombay HC – Composite Contract Doctrine Applied – Arbitration Clause in Retirement Deed Governs Disputes Across Entire Transaction and the MOU
- Bombay HC – Denial of Security Clearance to foreign JV Partner for CIDCO tenders, based on national security inputs, cannot be judicially overturned on ground of arbitrariness.
- Bombay HC – Departmental inquiry must be evidence – based, FIR Registration alone is not sufficient.
- Bombay HC – Development Agreement – Illegal Termination Does not Guarantee Specific Performance – Upheld Arbitral Award for possession of the trust property to Shri Mahavir Jaina Vidyalaya Trust.
- Bombay HC – Development Agreement Disputes are fully arbitrable – No bar of Small Causes Court Jurisdiction
- Bombay HC – Disability Pension Protects Military Personnel Through Socio-Economic Justice
- Bombay HC – Duty of Diligence on Insurer in Policy Portability
- Bombay HC – Executive Instructions of Circular issued under Rule 44(1)(i) of the Maharashtra Registration Rules cannot override Sections 34 and 35 of the Registration Act, 1908
- Bombay HC – Highway Arbitral Award – Belated Evidence by NHAI Cannot Undo arbitral award in Land Acquisition Compensation case
- Bombay HC – Honesty in Undertakings for Full Disclosure of Antecedents of Blacklisting or Debarment is Non-Negotiable
- Bombay HC – Informal Minutes cannot Alter BOT Agreement Terms in Infrastructure Contracts
- Bombay HC – Interim Measures under Section 9 Arbitration Act and Return of Title Deeds
- Bombay HC – Limits of Interference by University Tribunal in Disciplinary Penalty and Findings of Enquiry Officer
- Bombay HC – Membership Rights are statutory traceable to the MCS Act, Rules and the Byelaws -Cannot be Refused without sufficient cause.
- Bombay HC – MMRDA cannot replace monetary compensation with TDR without consent, for the acquired land.
- Bombay HC – No Escalation & No Claim Clause Cannot Shield Employer’s Breach – Arbitration Award Upheld
- Bombay HC – Nominee’s Membership in Housing Society Valid – Succession Disputes of Legal Heirs Must Go to the Civil Court
- Bombay HC – Once Section 11 of MOFA is applied, the society must receive the promoter’s actual estate – Leasehold or Ownership under the Development Agreement
- Bombay HC – Ownership of Basement & Parking alone does not qualify as “flat” for membership of a housing society.
- Bombay HC – Prior Sale Deed Prevails Over Subsequent Bank Attachment – Bona Fide Purchaser Protected – Rule 107 of the MC Societies Rules
- Bombay HC – Promoters Allotted Flats in lieu of consideration of Development Agreement Must Pay Maintenance Charges Like Any other Member
- Bombay HC – Protects Developers and Purchasers from Indenitie Revival of Stamp Duty Deficit Demand
- Bombay HC – Purchasers of refuge areas sold as flats cannot claim society membership – statutory safety spaces are non-saleable.
- Bombay HC – Quashes Staggered Salary Payment for Assistant Teacher transferred to aided post in private school
- Bombay HC – Railway Employee Death – Compensation – Valid Railway Pass Ensures Bonafide Passenger Status, Even Off Duty
- Bombay HC – Registered Consent Decree of Civil Court is Binding on Revenue Authority for Mutation
- Bombay HC – Registrar’s Role under Section 154B-27 of MC Societies Act is Enforcement, Not Adjudicationi of Ownership or Membership
- Bombay HC – Registration of a cooperative housing society cannot be cancelled merely because other wings of the project are incomplete
- Bombay HC – Rejection of Application for Deemed Conveyance citing (i) illegible sanctioned building plan and (iii) developer’s lack of title without land owner’s consent, is illegal
- Bombay HC – Returning Revision Memo for Non-deposit Unsustainable – Section 154(2A) of MC Societies ActB
- Bombay HC – SEBI Circular on Pre-trade Confirmation Cannot Shield Investors from Authorized Trading Losses
- Bombay HC – Section 314 MMC Act – Notice Must Identify Breach of Sections 312, 313 or 313A.
- Bombay HC – Section 35 of the MC Societies Act must be used only in clear cases of destructive conduct, not to suppress accountability.
- Bombay HC – Section 9 – Post-Award Interim Reliefs Must Aid Enforcement of Foreign Award, Not Expand it against Third Party
- Bombay HC – Section 9 Interim Relief Denied to Developer Seeking Profiteering Advantage
- Bombay HC – SRA Grievance Cell Must Mediate, Not Litigate – Mediation Training is imperative
- Bombay HC – Suppression of Insolvency in the tender process amounts to fraud invalidating the contract and consequently the arbitral award.
- Bombay HC – Tender Bid Evaluation is a continuous process culminating in the work order.
- Bombay HC – Termination Disputes Outside Section 91 of the Maharashtra Coop Societies Act – Reaffirms Supreme Court Precedent
- Bombay HC – Third Parties Need Not Pre-Deposit Under Section 18 of the SARFAESI Act
- Bombay HC – Unilateral Arbitrator Appointment Invalid – Award Nullity and No Estoppel Applies
- Bombay HC – Writ Court cannot reopen time-barred RERA refund order in view of subsequent SC judgment
- Bombay HC Affirms Eligibility – Linked Electricity Duty Exemption for Mega Projects in JSW Steel case
- Bombay HC Clarifies – Section 29A Timelines Do Not Apply to National Highways Arbitration
- Bombay HC Clarifies – Absence of Irrevocability Clause in the Trust Deed Cannot Justify Denial of Renewal of Charitable Trust Registration
- Bombay HC Clarifies – Authority’s findings do not bind Civil Courts in Deemed Conveyance Disputes
- Bombay HC Clarifies Claims for Escalation of Costs and Running Account Bills of the Contractor
- Bombay HC Clarifies Divide – Institutional Arbitration Vs. Unilateral Appointment
- Bombay HC Clarifies Limits of Section 9 in Enforcement of Foreign Award of Singapore Maritime Arbitration
- Bombay HC Clarifies Scope of Section 11 of MOFA – Writ Court Cannot Resolve Ownership Claims or Objections of the Owner to the Deemed Conveyance on the ground of title claims
- Bombay HC Clarity on Deemed Conveyance – Rights of Housing Society over Developer Perpetual Rights
- Bombay HC Clears MHADA Redevelopment – Waiver of Consent of Housing Society Upheld
- Bombay HC confirms closure of hotel and eviction under Section 18(1) of PITA Act without conviction
- Bombay HC Confirms that the Cooperative Housing Society is not subject to industrial or commercial labour law obligations.
- Bombay HC Confirms Unauthorised Trading and Arbitral Award
- Bombay HC Ensures Compensation for Covid Death of Court Employee
- Bombay HC Equal Pay for Equal Work – Employees of Gram Panchayats absorbed in Municipal Corporation
- Bombay HC Flags IBC Misuse to Stall SARFAESI Enforcement
- Bombay HC Full Bench – Section 127 of the MRTP Act – Purchase Notice – Fresh Reservation in the Revised Development Plan
- Bombay HC on Eligibility for the post of Nurse / Health Worker (Female) – Qualifications of General & Nursing Midwife & B.Sc. (Nursing)
- Bombay HC Protects Right to File Revision under Sectio 154(2A) of MC Societies Act – Pre-deposit requirement Applies Only to Hearing
- Bombay HC Quashes DPC Order, Restores 2024 Seniority list for promotion to the post of Superintending Engineer in Pune Municipal Corporation.
- Bombay HC Quashes GST Demand on Assignment of Leasehold rights of Industrial MIDC Plot
- Bombay HC Quashes Mutation Entry Declaring College Land as Private Forest – Mahindra United World College Case
- Bombay HC Quashes Registrar’s Order Allowing Independent Shop Society without bifurcation of existing society
- Bombay HC Raps PMC – Tree Felling Permission Requires Strict Procedural Compliance
- Bombay HC Reaffirmed that Deemed Conveyance is a Statutory Right of flat purchasers when promoters fail to execute conveyance.
- Bombay HC Set Aside Arbitral Award of Rs.2 crores against Stock Broker for ignoring Investor’s admissions.
- Bombay HC Strikes Down Denial of Promotion for Higher Scale based on uncommunicated adverse remarks
- Bombay HC Tightens Screws on Cosmetic Importers – Licence Lapses Bar Re-Export Relief
- Bombay HC Upheld Arbitral Award of Rs.7.39 crores on dissolution of partnership firm of developers & rendition of accounts
- Bombay HC Upholds Arbitral Award Partly in Mumbai Metro-1 Dispute – MMRDA’s Section 34 Challenge Partly Fails
- Bombay HC Upholds Award of Morya Infrastructure in Road Development BOT Contract Dispute & Toll Collection
- Bombay HC Upholds Binding Surrender of Housing Society Land to Pune Municipal Corporation
- Bombay HC Upholds Estate Officer’s Eviction and Damages Order under Public Premises Act
- Bombay HC Upholds PMC’s Power to Levy Licence Fees on Sky Signs and Hoardings.
- Bombay HC Validates CIDCO’s Cancellation of Vashi Plot Tender in Public Interest
- Calcutta HC – Maintenance Tribunal Cannot Order Eviction from the Property under the Senior Citizens Act
- Chronology Matters – Bombay HC on Competing Housing Society Registrations under Section 10 MOFA
- Compensation for purchase of Prosthetic Limb & Maintenance
- Compulsory Retirement of Junior Engineer – Pune University – Maharashtra Non-Agricultural Universities & Affiliated Colleges Standard Rules, 1984.
- Concealment of Medical Unfitness Vitiates Appointment
- Cooling Period Clause Cannot Defeat Cattle Insurance Claim
- Covid-19 – Insurance under PM Garib Kalyan Yojna for Corona Warriors, Doctors, Health Workers died in Pandemic.
- Customs Act – Conviction under Section 135(1)(b)(i) based on confessional statements under Section 108 – Admissibility
- Customs Act – Detention of Imported Goods Without reason or written Order is Illegal
- Deemed Conveyance, Appurtenant & Common Area and Recreational Ground
- Delay in Filing Documents Does Not Extinguish Insurance Claim
- Delhi HC – Arbitral Award – Insurance – Double Deduction
- Delhi HC – Arbitral Award of Mesne Profits Cannot Rest on Guesswork
- Delhi HC – Pandemic Exclusion Preserves Arbitrator Mandate – UOI’s Challenge to arbitral award Dismissed
- Delhi HC – Arbitral Award -Clarifies on Rules of Appropriation First for Interest before Principal
- Delhi HC – IIM Jammu, a beneficiary, funding & supervisory authority, cannot be impleaded to arbitration without privity of contract or arbitration agreement
- Delhi HC – LD Clause survives despite extension of time
- Delhi HC – Repeated Defective “Re-filings” on 14 times Do not Extemd Limitation of Section 34
- Delhi HC – Section 21 Arbitration Notice is Procedural & Signal commencement of Arbitration – Need Not List All Claims
- Delhi HC – Section 9 Relief Ancillary, Not a Substitute for Specific Performance
- Delhi HC – SIAC Injunction Order Persuasive, Not Enforceable in India
- Delhi HC Affirms Maintainability of Section 9 Arbitration Petitions Amid Parallel Proceedings
- Delhi HC Clarifies “may” vs “shall” test for binding arbitration
- Delhi HC on CA Certificates Vs Proof of Expenditure in arbitration
- Delhi HC on Powers of Section 34 Court to examine limitation of Arbitral Claims
- Delhi HC Upholds Arbitral Award – Liquidated Damages Require Delay Attribution Proof & Verification – Clause 27 of the Contract of IRCON and AFCONS
- Delhi HC Upholds Rs.33 crores Arbitration Award in Valley Iron & Steel Flood Damage Insurance Claim
- Dismissal of Court Employee for Unauthorised Absence for five days and Submission of a fabricated medical certificate
- Disputes of Eviction from Airport Premises Not Arbitrable
- Duty of Traffic Supervision at Bus Depot is Frontline Duty under COVID-19 – Bombay HC Holds MSRTC Employee entitled to Ex-gratia Compensation
- English Court Summary Judgment vs Section 13 CPC
- Extinguishment of claims after approval of IBC Resolution Plan and Termination of Arbitral Proceedings.
- Full Bench Reference on GST Single SCN for Multiple Years
- GoM – Policy Decision to Shift Burden of Land Acquisition from Compensation to TDR Incentives.
- Graduate Pay Scale to Subject Teachers of RTE Act
- GST Not Leviable on Arbitral Award Settlement Payment
- HDFC Employment Contracts Jurisdiction in Mumbai Courts – Suit against termination filed in Nagpur Court – Maintainability
- Higher Qualification Cannot Substitute Appointment Eligibility
- IBC Misuse for Recovery of Civil Court Decree
- IBC Not Recovery Tool – Bank Claim Lies Before DRT
- IBC Resolution Plan Extinguishes Arbitral Award Rights
- ICU Treatment in Hospitals – Supreme Court Guidelines
- IIT Bombay – Non-Renewal of Contractual Appointment
- Important Beneficial Order of ITAT Kolkata Section 54E of Income Tax Act – Capital Gains – Exemption
- Income Tax Immunity of Land Acquisition Arbitral Awards
- Insurance – Stock Valuation – Reports of Surveyor Vs Audit
- Interim Relief & Development Agreement Terminated by Society
- Interplay of GCC & SCC for Existence of Arbitration Agreement
- Invocation of Arbitration Not Consent for Appointment
- ITAT Mumbai – Capital Gains Exemption – New Flat in redevelopment Project in lieu of surrender of tenancy rights
- ITAT Mumbai – Redevelopment & Income Tax – Multiple Floors in new Building Still One House for Section 54 Exemption
- ITAT Mumbai Ruling of 20.2.2026 – Major tax relief for full indexed cost of acquisition of the entire land on multiple floors received in the redevelopment.
- Karnataka HC – Arbitral Claim – Extension of Limitation – Section 18 of the Limitation Act
- Karnataka HC – Arbitral Award – time barred claim – Section 43 of AA and Sections 3 & 18 of the Limitation Act
- Kerala HC Quashes Criminal Case against Teacher – Distinguished Discipline from Cruelty to Student
- Landmark Performance Audit Review of Slum Act
- Limits on Court Martial after Criminal Court Discharge
- Loss of Profit- Evidence Vs. Guesswork for Damages
- Madras HC – Arbitral Bias of Co-Arbitrators & Principle of Poisoning the Well
- Madras HC – Doctors Not Bound by Corporate-style Non-compete clauses in the professional agreement of the Hospital
- Madras HC Protects Doctor’s Independence – Arbitration Petition of Hospital Rejected
- Maharashtra Pollution Control Board cannot issue binding circular outside the statutory frame work.
- MahaREAT – Exemption conditions for registration of project under RERA, are alternative, not cumulative.
- MahaRERA – Developer Must Provide Safe, Usable & Functional Car Parking – Paper Allotment Not enough
- Mandate of earlier Arbitrator terminated for abandonment of arbitration – Section 11 cannot be used to re-start fresh arbitration at the instance of such a party – Bombay HC
- Medical Re-verification of Disability of Govt. Employees
- MPID Act – Invalidation of Undervalued Asset Sale
- MPID Vs. SARFAESI Acts -Preferential Right to Secured Assets
- Nature of Proceedings before LAAR under Act of 2013
- NCDRC – Surveyor Reports Prevails – Insurer directed to pay Rs.1.73 crores to SKS Ispat for breakdown of 25 MVK Turbo Generator Set.
- NCDRC Reaffirmed that Surveyor Report is the backbone of Insurance Claim Settlement – Binding unless rebutted
- No Consideration, No GST on Corporate Guarantee
- No Guarantee, No Insolvency – Supreme Court Judgment of 6.1.2026.
- No Nexus with Offence, No Freezing of Bank Accounts
- No Second Bite in the Cherry – Bombay HC Strikes Down Second Application for Deemed Conveyance After Rejection of Initial Application.
- One Building, One Society – Shops Cannot have separate Society without legal division – Rules Bombay HC
- Order Refusing Registration under FCRA 2010 Must Give Reasons
- Payment for Suspension of Consultancy Attributable to NHAI
- Payment of Gratuity Act – Applicability to Employees of Heavy Water Plant, Department of Atomic Energy
- Personal Loans Cannot Dilute Duty of Maintenance
- PMLA – Sections 3 and 4 Offences – Sufficient Grounds for Proceeding in Section 204 of Immense Importance
- Protection of NSE from Online Impersonation
- Pune Court – Joint Assets Cannot Shield Husband from maintenance and enhancement
- Pune Court – Maintenance Not Charity, it is a Legal Right tied to the means and lifestyle of husband working in MNC
- Pune University Registrar’s Appointment Challenge Dismissed
- Quashing of Criminal Case – Prevention of Corruption Act & IPC – Sanction to prosecute After Retirement
- Rajasthan RERA – Subsequent Security Interests of Lenders of Promoters Are Subordinate to the Allottees Rights & Prior Sale Agreement under Section 11(h) of the RERA Act.
- Redevelopment Flat Possession Date & Capital Gains Taxable Year
- Remedy for Legal Heir to challenge Arbitral Award
- Revocation of Building Permission obtained by fraud
- SC – Landowners not jointly liable with the Developer for construction delay or possession or deficiency in service
- SC – Legal Aid Must Be Timely, Accountable & Digital
- SC – Liability of Driver and Bus taken for election duty – Accident Compensation
- SC – Pay-reduction penalty permissible and enforceable after retirement of Bank employee, as per service regulations.
- SC – Section 21 Arbitration is directory, Not Mandatory
- SC – Section 4A(3)(b) of the Employees Compensation Act – Penalty on Insurer
- SC – 65 Days of Marriage, 10 Years of Litigation – Mediation is the Noble Path
- SC – Consumer – Leasing a residential flat not commercial purpose – Consumer Rights of Home Buyer restored
- SC – Conviction of 1994 under Essential Commodity Act Quashed – Cement Control Act Inapplicable Post-1989.
- SC – Disability Pension to Ex-Servicemen is a recognition of sacrifice and right to arrears cannot be diminished by limitation law
- SC – Once Debt and Default are established, admission of Section 7 IBC Petition is mandatory.
- SC – Purchaser of property after an arbitral award and during its execution being a transferee pendente lite cannot resist execution of award.
- SC – SAIL Gratuity Rules – retired employees cannot retain quarters and simultaneously claim gratuity with interest
- SC – Section 202 Cr PC Inquiry Not Mandatory Complaint is by a Public Servant – Drugs Inspector in discharge of official duties under the Drugs Act and the Rules
- SC – Society Cannot Arbitrarily Defeat Membership
- SC Bars Retrospective Change of Recruitment Rules after Written Examination
- SC Clarified that Section 15(2)(3) and (4) must be read together; substitution of arbitrator preserves continuity and prior proceedings remain valid.
- SC Clarifies – Exoneration in Departmental Inquiry No Bar to Criminal Trial
- SC Clarifies – AICTE Career Advancement Regulations Do Not Govern State Recruitment of Professors in State Government Engineering Colleges
- SC Clarifies Consumer Status of Corporate Body in FDR Fraud Disputes – Upholds NCDRC’s dismissal of consumer complaint
- SC Clarifies Distinction Between Filing Vs. Registration under NCLT Rules – Refilled Amended Petition of Homebuyers Maintainable
- SC Clarifies on SEZ Framework and Customs Duty – Adani Power Judgment of 5.1.2026.
- SC Clarifies Section 29A – Award passed after expiry of Mandate is unenforceable but not void
- SC Clarifies Section 59(2) of the Factories Act – Overtime includes HRA, TA and Other Allowances.
- SC Cuts NCDRC’s Award of Rs.2 crores for faulty hair cut at ITC Beauty Salon, for lack of evidence
- SC for secure, tamper-proof technologies like Blockchain-based Digitzation of Property Documents and Land Records
- SC Judgment of 3.2.2026 – Enforcement of Arbitration Agreement Begins with its Authenticity
- SC Judgment of 5.1.2026 – Neutrality in Arbitration Reinforced
- SC Landmark Judgment on IBC – IP Interface on title to the trademark of the corporate debtor
- SC Landmark Reaffirmation of Sanctity of Registered documents to educe frivolous litigation over Sale Deeds
- SC Mandates Disclosure of Pending Litigation in Auction Notice
- SC on grant of Bail – Cheating and Breach of Trust involving Rs.11.52 crores – Criminal Antecedents & Long Abscondence of accused
- SC on Negligence – Accident between Trailer & Truck and safe distance under the Rules of the Road Regulations, 1989
- SC on Section 5A of the Bombay Electricity Duty Act, 1958 – Withdrawal of Exemption to captive power generators – doctrine of promissory estoppel and legitimate expectation
- SC on Section 64 MSC Societies Act & IBC – Eligibility of Cooperative Society for Resolution Plan
- SC on threshold limit of 100 allottees – second proviso to section 7(1) of IBC on the date of Insolvency Petition
- SC Reinforced that consumer protection overrides restrictive builder-buyer one-sided, unreasonable clauses in standard form of the contract.
- SC Reiterated the Commercial Wisdom of CoC – Courts cannot interfere with approved Resolution Plan except on limited grounds under Sections 30(2) and 61(3) of IBC.
- SC Rejected Cess Deduction belated at Exeution Stage of Arbitral Award without statutory backing
- SC Rules of the game cannot be changed once the game has begun – MBBS Admission
- SC Says that the Employers Cannot Haunt Retirees Without Statutory Authority and Powers
- SC Signals Zero Tolerance – Exemplary Costs for Illegal Allotment of HUDA Deluxe Flats to Reinforce Accountability in Administrative Actions
- SC Upheld Collective Insolvency Petition of Home Buyers Against Multiple Developers
- SC Upholds Diploma Holder’s Eligibility for Pharmacist Posts – Statutory Recognition Prevails
- School Tribunal – Maintainability of Appeal against Grant of Higher Scale of Trained Teacher – Section 9 of MEPS Act
- Section 16 order & Interim Award for Section 34 AA petition
- Section 18 of the SARFAESI Act is mandatory for appeals to DRAT, irrespective of whether the order challenged is final or procedural.
- Section 217 Companies Act & Criminal Prosecution
- Section 22(2) of MC Societies Act – Membership of Housing Society on the basis of Purchase of Basement & Parking Area
- Section 3-D of the National Highways Act, 1956 and Extinguishment of Leasehold Rights
- Section 70 CGST Act – No Need to issue 7 days’ Notice for summons
- Section 9 Not Extinguished by filing of Part II Foreign Arbitral Award Recognition Petition – 2026 Important Ruling of Bombay HC
- Sharjah Court Foreign Decree – Execution in India – Sections 13 & 44A CPC and Reciprocating Country
- Shortfall in Minimum Hospitalization Hours Cannot Defeat Claim
- Sound of the Law – Bombay HC Protects Live Music Orchestra in Restaurants for Entertainment Licence under the Maharashtra Police Act, 1951 and the Public Amusement Rules, 1999.
- Stamp Duty Refund & Condonation of Limitation
- State Consumer Commission – Liability of Employees Coop Credit Society for Undisclosed and Unilateral Restrictions on Premature Withdrawal of Deposit of Retired Employee
- Stock Broker’s Liability For the Acts of Alliance Partner & Employees
- Supreme Court – Accident Compensation – Functional Disability Vs. Physical Disability
- Supreme Court – No MV Tax on Construction Equipment Vehicles
- Supreme Court – Relaxation in Eligibility Criteria Vs. Merit Determination
- Supreme Court – Succession Certificate obtained behind the back of a known minor legal heir is vitiated
- Supreme Court – Tender acceptance & Letter of Intent Cannot Trigger Arbitration
- Supreme Court – Foreign Arbitral Award Cannot be Re-litigated in Section 48 Enforcement Court on Grounds Rejected by Singapore High Court
- Supreme Court – Landmark 2026 Judgment – Financial Creditors Free to Pursue Dual Insolvency Actions for One and Same Debt against two – Borrowers and Guarantors.
- Supreme Court – Minor Differences in scoring or evaluation of the tenders of the bidding contractors do not justify judicial intervention.
- Supreme Court – Section 139 of the Contract Act – Discharge of the Surety on variation of the contract of creditor & borrower without knowledge of sureties.
- Supreme Court – Section 45A ESI Act Applicable, Available & Can Be Invoked Only when No Records Produced by the Employer
- Supreme Court Bars Cognizance of Private Complaints for offences under Sections 448 and 451 of the Companies Act
- Supreme Court Confirmed Deemed Conveyance
- Supreme Court HELD that where a contract expressly bars interest, the Arbitral Tribunal cannot award pre-award or pendente lite interest – even indirectly as “compensation”.
- Supreme Court Invalidates Change of Land Use for Cement Unit – Master Plan Cannot Be Bypassed
- Supreme Court on Rule 107(11)(g) to (k) of 1961 MC Societies Rules and Failure to deposit auction amount within stipulated period.
- Supreme Court Restored the Bidder’s Rights in auction of industrial plot
- Supreme Court Strengthens Jurisprudence of Service Law on Fairness and Due Process in Disciplinary Inquiry
- Title Dispute of Open or Garden Area of Row House & Transfer of Membership
- Tourism Growth Oriented Policy Decision of 11.12.2025 – Additional FSI, Space Utilization and Incentives for Tourism units.
- Transparency in Sports Governance – Membership of Cycling Association
- Truthful Disclosure of Antecedents – Foundation for Bank Employment
- Unconditional Withdrawal of Civil Suit – Whether Bar to Section 11 MOFA Application for Deemed Conveyance – Applicability of Order 26 Rule 1(4) CPC
- Unilateral Arbitrator Appointment by NBFC is Void
- Validity of Rule 13.3.1.5 of the Development Control Rules of Pune City
- Why Seat Prevails over Venue in Arbitration
- Wi
- Wildlife Translocation – SOP of Supreme Court
Agriculture
- Equitable Mortgage – Importance of Deposit of Title Deed for Priority between two Mortgages
- PIL – Mis-utilization of funds of Rs.98 crores by Agriculture Produce Marketing for construction of 5 star hotel on its land earmarked for market yard
- Section 28A of the Land Acquisition Act, 1894 – Maintainability of Application for re-determination of compensation
- Section 80P of Income Tax Act 1961 – Deduction – Cooperative Society for profits arising out of credit given to its members
- Sugarcane farmers – Right to full payment in 14 days of supply to factory
April 2023
- Arbitral Award – Arbitrator, being creature of contract & the parties, can’t travel beyond terms of the contract
- Change in Wind Power Purchase Tariff – Prospective
- Complaint of bribe given in obtaining International Re-insurance Contract
- Consumer complaint for fire insurance claim
- Deemed conveyance for society of bungalows at JVP Mumbai
- Duty of Referral Court to examine dispute to screen the parties from being forced to arbitration
- Facts about auction by the Bank must be made known to the parties
- Gram Panchayats want motorable roads but not hot mix plants in their area
- Gujarat State CDR Commission – Marine Policy
- Insurance policy is governed by contract – If there is breach of non-payment of premium
- Interest for delay in actual payment of compensation for land acquired under National Highways Act 1956
- No distinction between Stone quarrying and Stone crusher to protect environment of Sanctuary
- Redevelopment of dilapidated building
- Repudiation of Fire Insurance Claim on Surveyor’s report – Legality
- Right to nominate Committee of Arbitrators is forfeited if no action is taken
- Summary of Six Judgments dated 17.4.2023 of the Supreme Court of India
April 2024
- Arbitral Award – Section 34 – One of the challenges was to the order dated 10.10.2022 dismissing application for additional documents after completion of oral evidence and arguments of the claimant.
- Arbitration – Application under Section 8 of the AA read with Section 151 of CPC for dismissal of civil suit in view of arbitration clause –
- Arbitration – Section 34(3) – Limitation – Award of Institutional Arbitration – Different dates of receipt of Majority and Dissenting Awards – Calculation of Limitation
- Arbitration – Interim Award / Order to implead non-signatory respondents to arbitral proceedings – MOU permitted non-signatory to invest in the projects and perform contract.
- Arbitration – Non-signatory party but Respondent Nos.3 to 5 are vertical party to the loan agreement and connected with loan documents & transaction –
- Arbitration Act – Sections and 8(2) – Certified copy of the original Award attested by Notary Public fulfills the mandatory requirement to refer the dispute in the civil suit to arbitration – Calcutta High Court
- Arbitration and Electricity Act – Essential to harmonize the powers of expeditious effective dispute resolution in the electricity sector, at least, in non-tariff matters.
- Caste Certificate – Jurisdiction of the Competent Authority of place of ordinary residence or place of birth – Rule 5(1) of the Maharashtra Regulation of Issuance and Verification of Caste Certificate Rules, 2021 –
- Compensation for loss on account of domestic services – accidental death of working woman – Important Judgment
- Consumer -Rs.5 lakhs invested in the partnership firm – Commercial transaction for profit / gain – Claim against legal heirs of deceased partner
- Delay – Condonation of Gross delay of 12 years and 158 days – Question of limitation is not merely a technical consideration – Rules of limitation are based on the principles of sound public policy and principles of equity
- Domestic Violence Act – Objective of the Act is a measure of social justice applicable to each woman – Dismissal of Complaint in default for non-appearance of wife on a single day –
- ED – Statement of person – senior citizen called under Section 50 of PMLA recorded in the night – Violative of Article 21 of the Constitution of India
- Google – Digital Ads of the Petitioner disapproved / marked as “Limited” – Google Advertising Terms for Arbitration at Santa Clara County California – Section 9 of AA petition filed in Delhi High Court
- Google – Patent “Managing Instant Messaging Sessions on Multiple Devices – Lack of inventive step – Not entitled to grant of patent – Google had presented wrong facts and also failed to disclose information
- GST – Canteen facility to the employees of Suzuki Motor Gujarat – Deduction made from the employees availing food in the factory would not be considered as “supply” under Section 7 of the CGST Act, 2017.
- GST Registration – Cancellation with retrospective effect from 1.7.2017 – Show cause notice of 7.10.2022 for failure to furnish returns for a continuous period of six months – Delhi High Court
- IBC – Circular dated 28.9.2023 of IBBI whether clarifies “liquidation costs” in Regulation 4(2)(b) of IBBI (Liquidation Process) Regulations, 2016 or in effect makes amendments?
- IBC – Code does not relate to the insolvency resolution of individuals and partnership firms – HELD that Section 95 petition even at the stage of filing is not maintainable and NCLT has no jurisdiction.
- IBC Versus Slum Development – Petition of Resolution Professional – Landmark judgment of the Bombay High Court
- Industrial Disputes Act, 1947 – Regional Business Head in the grade of Senior B2 Sale – Whether “Workman” under Section 2(s) – Maintainability of Reference to the Labour Court –
- Insurance – Section 66(3)(i) of MV Act – Statutory exemption to the insured offending vehicle of goods auto rickshaw to have permit -Does not amount to violation of policy conditions?
- Insurance Policy – Repudiation on the ground of material suppression of existing life insurance policies from other insurers – Section 45 of the Insurance Act, 1938 –
- Interest on withheld Gratuity on acquittal in criminal case – Sections 7(3A) and 14 of Payment of Gratuity Act 1972
- Lease – DDA – TP Act 1882 – Lease hold plots became property of transferee Company on amalgamation – Lease conditions still apply – Supreme Court of India
- Maharashtra Public Trusts Act, 1950 – Interplay of Sections 33 & 36(1)(a) – Permission for sale of immoveable property of Osho Trust in Pune & Order for special audit
- Maintenance – Section 125 Cr PC – Deductions of LIC premium, Home Loan, Payment of Loan for purchase of land are not permissible in law – Allahabad High Court
- Maintenance – Waived under the consent terms of Divorce – Bar of Section 125(4) of Cr PC if wife is living separately by mutual consent
- Minor Mineral – Royalty and Penalty – Unauthorized excavation of earth for IKEA Store –
- Motor Accident – Head-on collision of S.T.Bus and Maruti Car – Tribunal held as an “act of God” by applying elimination process of negligence of both drivers
- NDPS – Bail – Involvement of accused no.2 in view of statement of accused no.1 under Section 67 of NDPS Act. No possession or recovery of contraband from applicant-accused no.2
- Novation of Contract – Liablity of guarantors to repay loan – Temporary overdraft – Extension of time to repay without consent of the guarantors – Section 133 of the Contract Act.
- Outraging modesty of woman – Quashing of FIR – Unique condition on the petitioner to assist Delhi Traffic Police for 30 days
- Passport – Refusal to renew in view of pendency of criminal case – Illegal
- Permanent disablement in accident while on duty – Adjustment of leave salary against compensation under Employees Compensation Act 1923 – Railway Services (Liberalized Leave) Rules, 1949 – Rights of Persons with Disabilities Act, 2016.
- PIL – Mis-utilization of funds of Rs.98 crores by Agriculture Produce Marketing for construction of 5 star hotel on its land earmarked for market yard
- PMLA 2002 & of IBC – Interplay between PMLA attachment of assets of corporator debtor and immunity under Section 32A of IBC once Resolution Plan is approved.
- Promotion to the Post of Law Officer of Municipal Corporation of Greater Mumbai – Petitioner although senior Deputy Law Officer was denied promotion
- Recruitment – Online Option for consideration from female category- Care to be taken by the candidate – Bombay High Court
- RERA Act – Home Buyers – No bar to claim Interest claimed after taking possession of the flat – Relief to the home buyers
- Resignation – forceful or not out of free will – consideration and requirements of essential ingredients – Supreme Court of India
- Rules 32 and 81 of the CMV Rules, 1989 – Additional fees for delay in renewal of driving licence, registration certificate, delay in giving NOC – Constitutional validity –
- SEBI – Interim Impounding Order dated 5.4.2024 – first of its kind to protect securities market and the investors
- Section 125 Cr PC – Maintenance to a woman who is not legally wedded wife but living with a person as wife and husband for long period – Madhya Pradesh High Court
- Section 154B-29 of the Maharashtra Cooperative Societies Act, 1960 – Certificate for recovery of maintenance against legal representatives – Maintainable
- Senior Citizens Act 2007 – Section 23 – Cancellation of Gift Deed – Consideration of ownership of property is important – Condition of gift for maintenance can be proved by pleadings and evidence
- Service Tax on Ocean Freight Imports under CIF contracts for Silvassa unit in 2017 – transportation cost upto customs station in India incurred by foreign supplier
- Smartwatch – Invoice “Goods once sold will not be taken back or exchange” raises legal considerations for consumer protection and fair trade practices.
- Tender – Gas Cylinder Rules, 2016 – Dilution of Technical conditions of PESO Registration & certificate affecting public safety and health – Supply of Chlorine Gas to the City of Mumbai
- Termination of Superintendent Central Excise on the advice of the Director General of Vigilance – Advice is not mandatory – Disciplinary Authority has to take decision independently – Rules 14 and 15 of CCS (CCA) Rules 1965.
- Workman – Serious Misconduct – Slapping superior officer – Industrial Tribunal held such act as “not too serious to inflict punishment of termination” and awarded punishment of stoppage of one increment
- Writ Petition of widow of Ex-serviceman for widow identity card – Denial in view of ex parte Divorce Decree –
April 2025
- Accident – Reduction in compensation for filing IT Return after date of the incident – Illegal
- Arbitral Award – Interest – Section 31(7)(b) of AA & Section 2(b) of the Interest Act, 1978,
- Arbitration – Preliminary issue of limitation decided on the basis of demurrer
- Arbitration – Section 34 Petition – Territorial jurisdiction & Section 42 AA
- Arbitration & Compensation Claim of Employer – Resignation before stipulated period
- Arbitration & Non-signatory successor company of erstwhile lender merged company
- Arbitrator Appointment – Joint application or clubbing of applications is not maintainable
- Commercial suit against foreign residents – Section 20(c) CPC – Jurisdiction & Private International Law
- Compensation – Claim for Loss of Dependency by major son & daughter not dependent on the income of deceased mother
- Copyright Act – License for sound recordings – Phonographic Performance Ltd
- Deemed Conveyance – Dispute between landowners and Developer
- Deemed Conveyance – Unauthorised Construction of three floors by Developer
- Delay in giving possession of flat – Delay in filing appeal before NCDRC
- Digital India – Digital KYC – E-KYC – Exclusion of persons with physical disabilities
- Disciplinary Enquiry – Charge sheet after 12 years illegal says Supreme Court
- DV Act – Proprietary rights Vs Women’s Rights as part of Human Rights
- Employment Agreement – Exclusive Jurisdiction Clause – Section 28 of Contract Act & Section 20 CPC
- GST – Development Agreement – Clause 5B of Notification dated 28.6.2017 – services by way of development rights or FSI for construction of a project
- GST – Goa University – Educational activities – Affiliation Services to constituent colleges
- Illegal construction of community hall on reserved land for playground – Illegal permission by MHADA & BMC – Inquiry
- Insurance Special Condition “Voyage should commence & complete before monsoon sets in”
- Kabaddi Player -Cancellation of eligibility certificate granted earlier
- Leave Encashment of unutilized leave earned during Re-employment
- Liquidated damages and Extension of time to complete the project
- Marine Hull Insurance Policy – Breach of Warranty – Repudiation of claim & Policy Cancellation
- Misconduct in passing Land Settlement Order- Quasi Judicial function – Judges Protection Act 1985 –
- MOFA – Deemed Conveyance – Quasi Judicial Authority – Res Judicata
- MSMED Act & IBC – Objection to Arbitral Award in execution petition without challenging it in section 34?
- NA permission – Condition for use of road for adjacent owners of lands
- Paralysis Disability while in service – Section 47 of the Persons with Disabilities Act, 1995
- Peaceful pamphleteering & banner against the Developer – Criminal defamation
- Redevelopment – Hurdle of objecting two members – Interim relief to solve stand-off
- Redevelopment – Termination of appointment of Developer – Interim Injunction
- Reference by the Civil Court to Arbitration – Allegations of fraud & false documents
- Repudiation of Insurance Claim on the ground that the loss was outside policy
- Section 11 of MOFA – Deemed Conveyance – Powers of Competent Authority – SC Judgment
- Section 19(3) AA – Powers of Arbitrator to allow withdrawal of a claim to file a fresh claim.
- Section 34 Petition – Interplay of Limitation and Section 12 of the Limitation Act
- Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950 – Extension of time for sale deed
- Section 4 – Residence Order – Right of senior citizen to live in peace and without obstruction
- Section 439 – Cr PC – A person is deemed to be in custody after the police had held him.
- Section 56(2)(x) of the Income Tax Act – Redevelopment – New Flat in lieu of old flat – Tax liability
- Section 9 – Interim relief of status quo on transfer of shares pending Arbitration in Singapore
- Section 9 -Arbitration Act – Court has wide powers to grant wide range of interim measures
- Section 9 petition of sub-contractor against contractor
- Section 9 Petitions – Interim Relief – Access to the amenities in Lodha Worli
- Sections 21, 11 and 16 – Arbitration Act – Bar to impleadment of parties in the Statement of Claim
- Sections 25, 26 and 44 – Water Pollution Act 1974 – Conviction and Sentence -Vicarious Liability
- Termination – Disciplinary Inquiry on Anonymous Complaint after 16 years – Propriety and Legality
- The New Shop for 24×7 shopping for daily needs – closure timing – Mah Shops Act
- Unilateral Conveyance Deed – Section 20(4) of MRTP Act – MOFA and Rule 9 of MOFA Rules, 1964
April 2026
- Accident Compensation – Income of Maritime Engineer
- Accountability of Insurer for Delay – Pre-reference Interest
- AP HC – UK Court Order for Custody of minor daughter Not Automatically Enforceable in India
- Arbitral Award Quashed – Non-existing Arbitration Agreement
- Arbitrator’s Conflict Non-Disclosure Vitiates Foreign Award
- Bank Accountable for Failure to timely Re-present Cheque
- Bombay HC – Delay of 258 Days in Section 11 Petition Condoned under Section 5 of the Limitation Act
- Bombay HC – FSI Purchase Price Refundable Despiteid Termination of Development Agreement – Section 64 of the Contract Act
- Bombay HC – No Damages for Defaulting Developer, But FSI Cost Must Be Returned under Section 64 of the Contract Act
- Bombay HC – Section 14 of the Indian Ports Act – Liability of Vessel Owner
- Bombay HC – Section 17A of the Prevention of the Corruption Act – Cannot Be Misused as shield in Disproportionate Assets Case – Role of Competent Authority is limited
- Bombay HC – SEZ in Kharadi, Pune – SEZ State Policy of 2001 for Exemption of Taxes – Demand of Octroi Refund to PMC
- Bombay HC – Award for Severance, Loss of Business and Loss of Easementary Rights – Section 3G(5) of the NH Act & Section 37 Arbitration Act
- Bombay HC – Charity Commissioner has no power to direct change of Trust Name – Section 70A of the Maharashtra Public Trusts Act – Deletion of the word “National” – Suo Motu Proceedings
- Bombay HC – Development Agreement – Illegal Termination Does not Guarantee Specific Performance – Upheld Arbitral Award for possession of the trust property to Shri Mahavir Jaina Vidyalaya Trust.
- Bombay HC – Development Agreement Disputes are fully arbitrable – No bar of Small Causes Court Jurisdiction
- Bombay HC – Highway Arbitral Award – Belated Evidence by NHAI Cannot Undo arbitral award in Land Acquisition Compensation case
- Bombay HC – Writ Court cannot reopen time-barred RERA refund order in view of subsequent SC judgment
- Bombay HC Affirms Eligibility – Linked Electricity Duty Exemption for Mega Projects in JSW Steel case
- Bombay HC Full Bench – Section 127 of the MRTP Act – Purchase Notice – Fresh Reservation in the Revised Development Plan
- Bombay HC on Eligibility for the post of Nurse / Health Worker (Female) – Qualifications of General & Nursing Midwife & B.Sc. (Nursing)
- Bombay HC Set Aside Arbitral Award of Rs.2 crores against Stock Broker for ignoring Investor’s admissions.
- Bombay HC Upheld Arbitral Award of Rs.7.39 crores on dissolution of partnership firm of developers & rendition of accounts
- Compensation for purchase of Prosthetic Limb & Maintenance
- Concealment of Medical Unfitness Vitiates Appointment
- Deemed Conveyance, Appurtenant & Common Area and Recreational Ground
- Delhi HC – Arbitral Award – Insurance – Double Deduction
- Delhi HC – Arbitral Award of Mesne Profits Cannot Rest on Guesswork
- Delhi HC – Pandemic Exclusion Preserves Arbitrator Mandate – UOI’s Challenge to arbitral award Dismissed
- Delhi HC – LD Clause survives despite extension of time
- Delhi HC – Repeated Defective “Re-filings” on 14 times Do not Extemd Limitation of Section 34
- Delhi HC – Section 9 Relief Ancillary, Not a Substitute for Specific Performance
- Delhi HC – SIAC Injunction Order Persuasive, Not Enforceable in India
- Delhi HC Clarifies “may” vs “shall” test for binding arbitration
- Delhi HC on Powers of Section 34 Court to examine limitation of Arbitral Claims
- English Court Summary Judgment vs Section 13 CPC
- Full Bench Reference on GST Single SCN for Multiple Years
- HDFC Employment Contracts Jurisdiction in Mumbai Courts – Suit against termination filed in Nagpur Court – Maintainability
- Higher Qualification Cannot Substitute Appointment Eligibility
- IBC Misuse for Recovery of Civil Court Decree
- ICU Treatment in Hospitals – Supreme Court Guidelines
- Insurance – Stock Valuation – Reports of Surveyor Vs Audit
- Interim Relief & Development Agreement Terminated by Society
- Interplay of GCC & SCC for Existence of Arbitration Agreement
- Limits on Court Martial after Criminal Court Discharge
- Loss of Profit- Evidence Vs. Guesswork for Damages
- Mandate of earlier Arbitrator terminated for abandonment of arbitration – Section 11 cannot be used to re-start fresh arbitration at the instance of such a party – Bombay HC
- Nature of Proceedings before LAAR under Act of 2013
- NCDRC – Surveyor Reports Prevails – Insurer directed to pay Rs.1.73 crores to SKS Ispat for breakdown of 25 MVK Turbo Generator Set.
- Payment for Suspension of Consultancy Attributable to NHAI
- Personal Loans Cannot Dilute Duty of Maintenance
- Protection of NSE from Online Impersonation
- Pune Court – Joint Assets Cannot Shield Husband from maintenance and enhancement
- Pune Court – Maintenance Not Charity, it is a Legal Right tied to the means and lifestyle of husband working in MNC
- Remedy for Legal Heir to challenge Arbitral Award
- SC – Legal Aid Must Be Timely, Accountable & Digital
- SC on Section 64 MSC Societies Act & IBC – Eligibility of Cooperative Society for Resolution Plan
- Section 217 Companies Act & Criminal Prosecution
- Sound of the Law – Bombay HC Protects Live Music Orchestra in Restaurants for Entertainment Licence under the Maharashtra Police Act, 1951 and the Public Amusement Rules, 1999.
- Supreme Court – Succession Certificate obtained behind the back of a known minor legal heir is vitiated
- Supreme Court – Tender acceptance & Letter of Intent Cannot Trigger Arbitration
- Supreme Court – Foreign Arbitral Award Cannot be Re-litigated in Section 48 Enforcement Court on Grounds Rejected by Singapore High Court
- Supreme Court Confirmed Deemed Conveyance
- Supreme Court Strengthens Jurisprudence of Service Law on Fairness and Due Process in Disciplinary Inquiry
- Transparency in Sports Governance – Membership of Cycling Association
- Truthful Disclosure of Antecedents – Foundation for Bank Employment
- Why Seat Prevails over Venue in Arbitration
- Wi
Arbitration
- “Body & Soul” of Arbitration Clause Incorporated in later Agreement
- A clause in the Will for settlement of disputes between heirs does not constitute
- A Lesson in Due Diligence : Delhi HC on Unregistered Agreement and Arbitration
- A Win for Policy Holder – Delhi HC Restores Arbitral Award against Limitation Clause in Insurance Policy
- Accountability of Insurer for Delay – Pre-reference Interest
- Agreement of 2015 for two years – Arbitration invoked in 2022 for claims 2019 to 2021.
- Anti-Arbitration Commercial Suit for permanent injunction
- Appointment of Arbitrator at post-award stage – Duty of the Referral Court is onerous
- Arbitrability – Contract procured by fabricated documents
- Arbitrability and Dispute of Infringement of Copyright
- Arbitrability of Disputes arising out of post-expiry of Franchise Agreement and misuse of Intellectual Property Rights
- Arbitral Award – Arbitrator, being creature of contract & the parties, can’t travel beyond terms of the contract
- Arbitral Award – Breach of International Contract – Measure for Damages
- Arbitral Award – Claim barred by limitation – Sec.14(1) of the Limitation Act Exclusion of period of earlier proceedings – Patent illegality & Violation of Public Policy- Interference under Section 34 of AA –
- Arbitral Award – Delay in making arbitration reference
- Arbitral Award – Important question – Whether non-obstante clause in Section 18(1) & (4) of MSMED ACt, 2006, override arbitration agreement and venue of arbitration chosen by the parties?
- Arbitral Award – LLP vs. Partners
- Arbitral Award – MSMED Act – Delivery & Acceptance Date
- Arbitral Award – One Award applied in other 9 References and secondly, such an Award for specific performance of the agreement in respect of immovable property without its identity with certainty is illegal
- Arbitral Award – Powers of Executing Court – Unilateral appointment of Arbitrator
- Arbitral Award – Reimbursement of entry tax and increase in toll tax – Contract clauses bar fluctuations in taxes
- Arbitral Award – Running Ledger Account – Determination of dues
- Arbitral Award – SC says No compound interest without contract
- Arbitral Award – Section 34 – One of the challenges was to the order dated 10.10.2022 dismissing application for additional documents after completion of oral evidence and arguments of the claimant.
- Arbitral Award – Transfer of Domain name – IN Domain Name Dispute Resolution Policy – National Internet Exchange of India (NIXI)
- Arbitral Award – Contract is voidable at the instance of Contractor – NHAI
- Arbitral Award – GT Engine Damage & Overhauling Claim
- Arbitral Award – Inadequately stamped – Cannot be enforced
- Arbitral Award – Indian Stamp Act – Powers of Executing Court
- Arbitral Award – Interest – Section 31(7)(b) of AA & Section 2(b) of the Interest Act, 1978,
- Arbitral Award – Marine Salvage contract – Claim for idle time charges – Challenge to the Award in Section 37 appeal is not maintainable
- Arbitral Award – Service – Delay of five months in collecting copy of the Award – Section 31(5) AA
- Arbitral Award – Unconditional stay – Interplay of two provisos to Section 36(3) of AA
- Arbitral Award based on contractual breaches (failed purchase order) will be upheld unless patently illegal – Bombay HC
- Arbitral Award based on Draft Supplemental Agreement
- Arbitral Award Delivery Delay is not a mere procedural lapse but erodes the ltigitmacy of the Award.
- Arbitral Award for compensation of 3 months as against 17 months for remaining lock in period of lease
- Arbitral Award in the nature of money decree – Stay – Interplay of Sections 36(3) and 37 of the Arbitration Act and guiding principles
- Arbitral Award of Arbitrator unilaterally appointed is nullity even if the respondents did not appear and even if no objection is taken by the respondents
- Arbitral Award of Damages for Loss of Profit on short closure of the contract
- Arbitral Award of Facilitation Council – Limitation – Section 18(5) of MSME Act & Section 29A of AA –
- Arbitral Award of Rs.1354 crores in favour of Reliance Infrastructure upheld by the Calcutta High Court
- Arbitral Award on domain name “Harvard” – Important Judgment of the Delhi High Court
- Arbitral Award Quashed – Non-existing Arbitration Agreement
- Arbitral Tribunal has powers to implead a non-signatory as party to the counter claim
- Arbitration – Application under Section 8 of the AA read with Section 151 of CPC for dismissal of civil suit in view of arbitration clause –
- Arbitration – Section 34(3) – Limitation – Award of Institutional Arbitration – Different dates of receipt of Majority and Dissenting Awards – Calculation of Limitation
- Arbitration – Arbitral Award passed as per the arbitration notice dated 30.10.2018 was quashed under Section 34 in 2023 – Fresh notice under Section 21 is not necessary for invocation of arbitration & appointment of Arbitrator
- Arbitration – Claim for Specific performance – Limitation
- Arbitration – Confidentiality – Sealing Order – Precautionary measures
- Arbitration – Contractual dispute does not become non-arbitrable because it involves serious fraud.
- Arbitration – Costs on claimant prosecuting litigation from 2002 to 2024
- Arbitration – Disputes between partners of LLP
- Arbitration – Enforcement of Foreign Award – Jurisdiction of the Court – Asset of Debtor
- Arbitration – Expiry of Lease Deed
- Arbitration – Interim Award / Order to implead non-signatory respondents to arbitral proceedings – MOU permitted non-signatory to invest in the projects and perform contract.
- Arbitration – Legality of condition of pre-deposit for initiation can be considered by the Court in Section 11(6) of AA application
- Arbitration – Non-signatory party but Respondent Nos.3 to 5 are vertical party to the loan agreement and connected with loan documents & transaction –
- Arbitration – Non-signatory purchaser of property
- Arbitration – Objection to exhibiting documents should be decided then and there instead of postponing.
- Arbitration – Observations of Supreme Court – Eye opener on Arbitral Process
- Arbitration – Patent illegality in passing Award without deciding questions of fraud
- Arbitration – Preliminary issue of limitation decided on the basis of demurrer
- Arbitration – Principal of business efficacy” to interpret commercial contract
- Arbitration – Scope of powers under Section 37 including remand
- Arbitration – Seat & Venue – Multi-jurisdictional clauses of the Agreement
- Arbitration – Section 11 – Limitation – Delay of six years in making application for appointment – Whether Section 21 notice or claim for repayment is time barred
- Arbitration – Section 11 – Parties agreed for arbitral institution which insists for its membership – Important question whether arbitral institution can insist for such membership
- Arbitration – Section 11 of the AA – Directors, who are not party to the Arbitration Agreements cannot be made party – SC Judgment in Cox and Kings Ltd case is distinguished.
- Arbitration – Section 17 – Interim stay to the termination of Development Agreements
- Arbitration – Section 21 Notice by one of the partners – sufficient
- Arbitration – Section 34 Petition – Territorial jurisdiction & Section 42 AA
- Arbitration – Section 37 – Question of law can be raised in appeal for the first time
- Arbitration – Service of Award – Requirements of Section 31(5) of the AA
- Arbitration – Termination of License Agreement of SBI Card for its Mobile App – Transition period of 12 months – Interim protection to prevent interruption of services
- Arbitration – Whether new partner of the firm is a necessary party
- Arbitration – Bar of Section 42 – Territorial Jurisdiction
- Arbitration – Collaboration & Tripartite Agreements with Veritable Party
- Arbitration – Letter of Intent – Two Contract Case – Amenability to arbitration proceedings
- Arbitration – MSME Registration after conclusion of the contract
- Arbitration – Section 11 – Section 19(2)(a) of the Partnerships Act – Invocation of arbitration by one set of partners of the partnership – Notice is defective
- Arbitration – Section 37 – Issues never canvassed before the Arbitrator and in section 34 petition cannot be raised afresh in appeal
- Arbitration – Section 8 – Arbitration clause in tripartite agreements was basis for subsequent agreements challenged in the civil suit
- Arbitration – Section 84 of Multi State Coop Societies Act
- Arbitration –Maintainability of Section 9 Application against MSME
- Arbitration & Bilateral Investment Treaty of UK and India
- Arbitration & Compensation Claim of Employer – Resignation before stipulated period
- Arbitration & MSME Act – services given after registration as micro enterprise
- Arbitration & MSME Act 2006
- Arbitration & MSMED Act – Seat of Arbitration & Exclusive jurisdiction
- Arbitration & Non-signatory successor company of erstwhile lender merged company
- Arbitration Act – Execution of Arbitral Award – Failure of Award Debtor to appear in Court – Important Directions of the Bombay High Court for attachment of Bank Accounts and non-bailable warrant.
- Arbitration Act – Mandate of Arbitrator – Sections 29A(4) and (5) – Court has powers to extend mandate of Arbitrator and extend time retrospectively even after award was passed – Kerala High Court
- Arbitration Act – Section 34 – Appeal – Delay in filing – Mandatory duty of the District Judge to inquire and find out the date when copy of Arbitral Award was received to record finding on delay.
- Arbitration Act – Section 9 interim relief after termination of the Agreement
- Arbitration Act – Sections and 8(2) – Certified copy of the original Award attested by Notary Public fulfills the mandatory requirement to refer the dispute in the civil suit to arbitration – Calcutta High Court
- Arbitration Act – Sections 15, 16 and 29A(4) – High Court’s powers to interdict arbitral proceedings under Articles 226 or 227 of the Constitution of India if Arbitrator wholly lacks jurisdiction
- Arbitration Act, 1996 – Section 34(3) – Delay in filing Section 34 petition – Service of Arbitral Award on the “party” is essential – “Party” does not include “agent or advocate” of the parties.
- Arbitration Agreement – Acquittal of offence under Section 138 of the Negotiable Instruments Act, 1881, since nature of dispute is civil and without approaching arbitrator, complaint is not maintainable.
- Arbitration Agreement – Section 11(6) – Change of employer
- Arbitration and Electricity Act – Essential to harmonize the powers of expeditious effective dispute resolution in the electricity sector, at least, in non-tariff matters.
- Arbitration and Fall Clause in the agreement to reduce price
- Arbitration cannot be invoked by few members of a housing society
- Arbitration Claim barred by limitation – Powers of Section 34 Court
- Arbitration Clause & Post Decree Disputes – Bombay HC Draws Line
- Arbitration Clause in original contract perishes with it subsequent to the settlement agreement foreclosing earlier contracts between the parties
- Arbitration Costs Award – Principles and Practice – Bombay HC Reduces Costs of Rs.1.6 crores to Rs.25 lakhs .
- Arbitration for adjudication of Industrial Disputes – Informative in-depth analysis of mechanism by two distinguished Advocates of the Bombay High Court
- Arbitration for employment disputes
- Arbitration in abeyance till operation of Moratorium under IBC
- Arbitration of Promoter after Deemed Conveyance
- Arbitration Survives Allegations: Bombay HC on Fraud, Fairness and Finality
- Arbitration Survives Company Governance Gaps : Bombay HC
- Arbitration Survives FIR & Criminal Complaint – Bombay HC Reinforces Limited Judicial Interference.
- Arbitration Vs Criminal Proceedings
- Arbitration Vs Limitation period
- Arbitration Vs. Maritime Claim – Admiralty Act 2017 – Distinction between action in rem and in personam – Interim order for Arrest and Detention of Ship for non-payment of Dues of plaintiff
- Arbitration Win for Seller – Market Escalation & Buyer’s Inaction Proved Decisive
- Arbitrator – Appointment – Dissolution of Partnership Firm
- Arbitrator – Appointment – Pendency of civil or criminal litigation between partners is not a bar
- Arbitrator – Appointment at the instance of Bank as financial investor
- Arbitrator – Appointment by ad invitum & proviso to Section 12(5) of AA
- Arbitrator – Challenge to his impartiality based on Google Search
- Arbitrator – Ineligibility for non-disclosure of representation in the High Court for one of the parties to the arbitration – violation of mandate of Section 12 of AA – Award was set-aside.
- Arbitrator – Legitimacy of Non-Lawyer Arbitrator – Principal of a College
- Arbitrator – No powers to implead non-signatory third party to arbitration proceedings without consent
- Arbitrator – Powers to appoint Sole Arbitrator as against Agreement for Tribunal of 3 Members
- Arbitrator – Appointment – No law for Re-invocation of arbitration agreement for fresh application – Unstamped loan documents containing settlement of disputes by arbitration
- Arbitrator – Has no powers to recall & modify Award
- Arbitrator & Principles of Equity in contractual matters.
- Arbitrator Appointment – Joint application or clubbing of applications is not maintainable
- Arbitrator appointment Vs MSMED Act 2006
- Arbitrator Fees – separately for the claim and separately for each counter claim in the dispute – Notification 31.10.2023 of the Bombay High Court
- Arbitrator Fees – Unilateral fixation and rejection of counter claim for non payment of fees
- Arbitrator Independence and Law Firm Briefings – Limits of Section 32(3) Categories
- Arbitrator’s Continuation Impermissible After Mandate Ends – Rules Supreme Court
- Award – Objection in execution petition for non-service of signed copy of the award
- Award Must Resolve, Not Recycle Disputes : SC on Arbitrator’s Indecisiveness
- Award of Rs.178 crores lost for Excluding a Necessary Party
- Bombay HC – Disclosure Obligations of Arbitrator under 1996 Act do not apply to 1940-Act Arbitrations.
- Bombay HC – Arbitral Award Section 84 of the Multi State Cooperative Societies Act 2002
- Bombay HC – Delay of 258 Days in Section 11 Petition Condoned under Section 5 of the Limitation Act
- Bombay HC – Doctrine of Severability Applied to Arbitral Claims and to Split the Arbitral Award in Arenel case
- Bombay HC – FSI Purchase Price Refundable Despiteid Termination of Development Agreement – Section 64 of the Contract Act
- Bombay HC – Majority Arbitral Award – Mumbai Metro One Project – MMRDA
- Bombay HC – Minority Arbitral Award – Metro One Project & MMRDA – Scope of Powers of Section 34 Court
- Bombay HC – MMRDA & Mumbai Metro One Project – Severance of Arbitral Award
- Bombay HC – Mumbai Cricket Association bound to Arbitration in T20 Mumbai League Dispute
- Bombay HC – Mumbai Metro One Project Arbitral Award – Change of Scope
- Bombay HC – NHAI acquired land – Compensation for easementary loss to petrol pump business
- Bombay HC – No Damages for Defaulting Developer, But FSI Cost Must Be Returned under Section 64 of the Contract Act
- Bombay HC – Non-signatory member of society cannot be forced to arbitration under Development Agreement
- Bombay HC – Section 11 – Fresh Arbitration & New Arbitrator – Section 43 Limitation – Share Purchase Agreement
- Bombay HC – Stock Broker uploaded incorrect PAN details causing inability to pledge shares under MTF and loss to the investor on account of auction of shares by Stock Exchange
- Bombay HC – Arbitral Award by Ineligible Arbitrator Cannot Be Enforced as Legal Decree
- Bombay HC – Arbitration – No damages without Proof of Loss
- Bombay HC – Arbitration Section 11 Petition dismissed, Constructive Res Judicata Applies to AAI
- Bombay HC – Award for Severance, Loss of Business and Loss of Easementary Rights – Section 3G(5) of the NH Act & Section 37 Arbitration Act
- Bombay HC – Brokerage Agreements are binding and NSE Circular cannot retroactively invalidate them
- Bombay HC – Composite Contract Doctrine Applied – Arbitration Clause in Retirement Deed Governs Disputes Across Entire Transaction and the MOU
- Bombay HC – Development Agreement – Illegal Termination Does not Guarantee Specific Performance – Upheld Arbitral Award for possession of the trust property to Shri Mahavir Jaina Vidyalaya Trust.
- Bombay HC – Development Agreement Disputes are fully arbitrable – No bar of Small Causes Court Jurisdiction
- Bombay HC – Highway Arbitral Award – Belated Evidence by NHAI Cannot Undo arbitral award in Land Acquisition Compensation case
- Bombay HC – Informal Minutes cannot Alter BOT Agreement Terms in Infrastructure Contracts
- Bombay HC – Interim Measures under Section 9 Arbitration Act and Return of Title Deeds
- Bombay HC – Monetary Claims Cannot Block Membership of Cooperative Housing Society
- Bombay HC – No Escalation & No Claim Clause Cannot Shield Employer’s Breach – Arbitration Award Upheld
- Bombay HC – Section 9 – Post-Award Interim Reliefs Must Aid Enforcement of Foreign Award, Not Expand it against Third Party
- Bombay HC – Section 9 Interim Relief Denied to Developer Seeking Profiteering Advantage
- Bombay HC – Suppression of Insolvency in the tender process amounts to fraud invalidating the contract and consequently the arbitral award.
- Bombay HC – Unilateral Arbitrator Appointment Invalid – Award Nullity and No Estoppel Applies
- Bombay HC Clarifies – Section 29A Timelines Do Not Apply to National Highways Arbitration
- Bombay HC Clarifies Divide – Institutional Arbitration Vs. Unilateral Appointment
- Bombay HC Clarifies Limits of Section 9 in Enforcement of Foreign Award of Singapore Maritime Arbitration
- Bombay HC Confirms Cost Overrun Claims in Arbitral Award of Interior Contract against Bank of India
- Bombay HC Confirms Unauthorised Trading and Arbitral Award
- Bombay HC DB Important Judgment on Res Judicata, Narrow Public Policy and Corporate Veil Principles Strengthens Foreign Award Enforcement
- Bombay HC Declines Arbitration Control – Telangana Plant Insurance Dispute
- Bombay HC Flags Gaps in MSME Arbitral Award – Fabricated Invoices & Post-Dated GST Returns
- Bombay HC Message to Market Arbitral Tribunals – Arbitral Awards must be evidence-based
- Bombay HC on Arbitral Award in Architecture Bills Dispute
- Bombay HC on Jumpin Dispute : Arbitral Award must be Reasoned, Not Generous
- Bombay HC on Limits of Arbitration Referral in Mumbai Metro Line Dispute of Settlement Agreement
- Bombay HC Quashed Rs.200 crores Arbitral Award against Thermax
- Bombay HC Reinforcing Arbitral Autonomy in Real Estate Development Contracts
- Bombay HC Revives Arbitral Award against TMC and Restricts Section 34 Court Interference
- Bombay HC Set Aside Arbitral Award of Rs.2 crores against Stock Broker for ignoring Investor’s admissions.
- Bombay HC to Arbitrator : Stick to the Contract, Not the Committee Minutes
- Bombay HC Upheld Arbitral Award of Rs.7.39 crores on dissolution of partnership firm of developers & rendition of accounts
- Bombay HC Upholds Arbitral Award against HPCL – Termination of Contract Declared Illegal
- Bombay HC Upholds Arbitral Award against Securitrans India in ATM Cash Theft Case
- Bombay HC Upholds Arbitral Award Partly in Mumbai Metro-1 Dispute – MMRDA’s Section 34 Challenge Partly Fails
- Bombay HC Upholds Award of Morya Infrastructure in Road Development BOT Contract Dispute & Toll Collection
- Bombay High Court – Order under Section 32(2)(c) of the Arbitration Act is not an award
- Commercial Courts Act, 2015 – Salutary Amendments – Bill of 2024
- Condonation of delay in filing application under Section 34 of the Arbitration Act beyond 120 days
- Contract clauses bar claim for damages for loss on account of delay
- Deemed Conveyance & Civil Suit
- Delay of 14 days in filing Section 34 Arbitration Petition – Interesting facts and important question of law
- Delhi HC – Arbitral Award – Insurance – Double Deduction
- Delhi HC – Arbitral Award of Mesne Profits Cannot Rest on Guesswork
- Delhi HC – Pandemic Exclusion Preserves Arbitrator Mandate – UOI’s Challenge to arbitral award Dismissed
- Delhi HC – Arbitral Award -Clarifies on Rules of Appropriation First for Interest before Principal
- Delhi HC – IIM Jammu, a beneficiary, funding & supervisory authority, cannot be impleaded to arbitration without privity of contract or arbitration agreement
- Delhi HC – LD Clause survives despite extension of time
- Delhi HC – Repeated Defective “Re-filings” on 14 times Do not Extemd Limitation of Section 34
- Delhi HC – Section 21 Arbitration Notice is Procedural & Signal commencement of Arbitration – Need Not List All Claims
- Delhi HC – Section 9 Relief Ancillary, Not a Substitute for Specific Performance
- Delhi HC – SIAC Injunction Order Persuasive, Not Enforceable in India
- Delhi HC Affirms Maintainability of Section 9 Arbitration Petitions Amid Parallel Proceedings
- Delhi HC Clarifies “may” vs “shall” test for binding arbitration
- Delhi HC on CA Certificates Vs Proof of Expenditure in arbitration
- Delhi HC on Powers of Section 34 Court to examine limitation of Arbitral Claims
- Delhi HC Upholds Arbitral Award – Liquidated Damages Require Delay Attribution Proof & Verification – Clause 27 of the Contract of IRCON and AFCONS
- Delhi HC Upholds Rs.33 crores Arbitration Award in Valley Iron & Steel Flood Damage Insurance Claim
- Demurrage Denied – Bombay HC Upholds Limitation Bar in Charterparty Dispute
- Disputes of Eviction from Airport Premises Not Arbitrable
- Disputes relating to redemption of mortgage are not arbitrable
- Dissenting or Minority Arbitral Award or Opinion is not an “Award”
- Duty of Referral Court to examine dispute to screen the parties from being forced to arbitration
- Electricity Act Overrides Arbitration Act –
- Employment disputes of lock in period are arbitrable – Arbitration Act, 1996?
- Express agreement in writing to waive unilateral appointment of Arbitrator is mandatory
- Extinguishment of claims after approval of IBC Resolution Plan and Termination of Arbitral Proceedings.
- Fraudulent Siphoning Off Shares of Investors – Misuse of Power of Attorney by Stockbroker – Liability of CDSL as Depository
- Fresh Arbitration for second time and fresh Appointment of Arbitrator
- Google – Digital Ads of the Petitioner disapproved / marked as “Limited” – Google Advertising Terms for Arbitration at Santa Clara County California – Section 9 of AA petition filed in Delhi High Court
- GST Not Leviable on Arbitral Award Settlement Payment
- Gujarat State CDR Commission – Marine Policy
- HC can appoint Arbitrator if mediation is not initiated under MSMED Act
- Impartiality Requires More than Prior Views of Arbitrators – Rules Delhi High Court
- Income Tax Immunity of Land Acquisition Arbitral Awards
- Insurance – Stock Valuation – Reports of Surveyor Vs Audit
- Interest at 38.85% under Section 16 of the MSMED Act granted under Ad-hoc Arbitration is legal.
- Interim Relief & Development Agreement Terminated by Society
- Investor Disputes – Bombay HC Quashes Arbitral Awards of NSE, BSE & MCX
- Invocation of Arbitration Not Consent for Appointment
- IRDAI – Arbitration Clause in General Insurance Policies – Amendment by IRDAI Circular dated 27.10.2023
- Karnataka HC – Arbitral Claim – Extension of Limitation – Section 18 of the Limitation Act
- Karnataka HC – Arbitral Award – time barred claim – Section 43 of AA and Sections 3 & 18 of the Limitation Act
- Karnataka HC says that the LLP disputes must go to Arbitration by default.
- LegalDeli.In Launches Arbitration Services
- Liquidated damages and Extension of time to complete the project
- Loss of Profit- Evidence Vs. Guesswork for Damages
- Madras HC – Arbitral Bias of Co-Arbitrators & Principle of Poisoning the Well
- Madras HC – Doctors Not Bound by Corporate-style Non-compete clauses in the professional agreement of the Hospital
- Madras HC Protects Doctor’s Independence – Arbitration Petition of Hospital Rejected
- Mandate of earlier Arbitrator terminated for abandonment of arbitration – Section 11 cannot be used to re-start fresh arbitration at the instance of such a party – Bombay HC
- Micro & Small Enterprise – Landmark Arbitration Platform for resolution of disputes
- Milton JV AAward Quashed for Perversity by Bombay HC
- Moratorium of US Bankruptcy Court not applicable in India
- MSME Act 2006 – Works Contract – Reference to Arbitration
- MSME Arbitration – Bombay HC Flags Lapses of Fabricated Invoices & Post-dated GST Returns
- MSMED Act & IBC – Objection to Arbitral Award in execution petition without challenging it in section 34?
- MSMED Act, 2006 – Arbitral Award – Section 34 Petition – Delay – Section 14 Limitation Act
- New Arbitrator – appointment – If Section 11(5) or Section 14 of AA applies?
- No legal presumption on abandonment of arbitration claim
- Order under Section 23(3) of Arbitration Act – Whether an interim Award?
- Payment for Suspension of Consultancy Attributable to NHAI
- Purchase order and invoice between plaintiff and defendant did not contain arbitration clause. The arbitration clause between the defendant and other companies is not applicable. Section 8 of the AA cannot be invoked.
- Reference by the Civil Court to Arbitration – Allegations of fraud & false documents
- Reference of Dispute by Insured to Arbitration after full and final discharge voucher
- Refiling of Section 34 petition after removal of defects is Fresh Institution
- Remedy for Legal Heir to challenge Arbitral Award
- Retail Trade outside purview of Section 7 of MSME Act 2006
- Right to nominate Committee of Arbitrators is forfeited if no action is taken
- SC – Section 21 Arbitration is directory, Not Mandatory
- SC – Purchaser of property after an arbitral award and during its execution being a transferee pendente lite cannot resist execution of award.
- SC Clarified that Section 15(2)(3) and (4) must be read together; substitution of arbitrator preserves continuity and prior proceedings remain valid.
- SC Clarifies Section 29A – Award passed after expiry of Mandate is unenforceable but not void
- SC Discourages post-award enforcement litigation
- SC Judgment of 269 pages Brings Clarity on Termination of Arbitral Proceedings
- SC Judgment of 3.2.2026 – Enforcement of Arbitration Agreement Begins with its Authenticity
- SC Judgment of 5.1.2026 – Neutrality in Arbitration Reinforced
- SC observations on Arbitral Process need consideration
- SC on Arbitral Award with 24% interest as per loan agreements – Valid
- SC Rejected Cess Deduction belated at Exeution Stage of Arbitral Award without statutory backing
- SEBI’s recent adoption of ODR and SBI Complaint Redressal System
- Section 11 – Appointment of Arbitrator – Disputes of Partnership
- Section 11 – Scope of Powers of Referral Court & Arbitrator
- Section 11 – Arbitration Act – MOU between the individual -promoter & the Respondent – Non-signatory Petitioner Company whose Chairman is the Promoter cannot enforce arbitration clause
- Section 11 of Arbitration Act – Place of Arbitration – Delivery challans Vs. Purchase order –
- Section 11 of the Arbitration Act – Reference – Limitation – Third Party
- Section 11(6) of AA – Exclusion of time taken for settlement from limitation
- Section 11(6) of the Arbitration Act – Limitation for application
- Section 14(1)(a) – Arbitration Act – Termination of mandate of Arbitrator
- Section 16 higher Interest of MSMED Act applies even in adhoc arbitration
- Section 16 order & Interim Award for Section 34 AA petition
- Section 17 AA Interim relief Not Automatic in Redevelopment Arbitration
- Section 18 of MSMED Act – Council has powers to decide question of its jurisdiction
- Section 18 of MSMED Act – Whether registration is necessary pre-condition to refer dispute to the Facilitation Council?
- Section 19(3) AA – Powers of Arbitrator to allow withdrawal of a claim to file a fresh claim.
- Section 27 of the Contract Act – Termination of contract – Interim Injunction in Section 9 AA petition
- Section 29A does not provide extension of mandate of Arbitrator after the award is passed
- Section 29A(3) of Arbitration Act is mandatory
- Section 31(7)(b) of the Arbitration Act – Interest @18%
- Section 33 – Arbitration Act – time line – Clarification Order
- Section 33 Review Application and Delay in filing section 34 petition
- Section 34 Court – Obligation to consider the grounds and record findings
- Section 34 Petition – Interplay of Limitation and Section 12 of the Limitation Act
- Section 34(4) of AA -Application for remand to the Arbitrator to eliminate grounds of challenge to the arbitral award on certain issues –
- Section 36(3) of the AA – Unconditional stay to the Arbitral Award for money – Illegal – Conjoint application of Section 36(3) and Order 41 Rules 5(1) & 5(3) of the CPC
- Section 42 of the Arbitration Act – Interplay of two clauses on jurisdiction and seat of arbitration
- Section 7(1)(ii) read with Section 3(2)(c) and 4(1A)(a)(i) of MOFA.
- Section 8 AA Reference Rejection Set Aside : Bombay HC Reaffirms Pro-Arbitration Approach
- Section 8 of AA – If arbitration agreement is brought to the notice of Commercial Court in written statement, it is sufficient compliance and its jurisdiction perishes even in the absence of formal separate application.
- Section 9 – Interim relief of status quo on transfer of shares pending Arbitration in Singapore
- Section 9 -Arbitration Act – Court has wide powers to grant wide range of interim measures
- Section 9 AA – Interim relief for gag order on distributing from making disparaging statements
- Section 9 AA Petition of 90 years old USA resident for interim measures
- Section 9 Arbitration Act & Section 52 of TP Act – Lis Pendense purchase
- Section 9 Not Extinguished by filing of Part II Foreign Arbitral Award Recognition Petition – 2026 Important Ruling of Bombay HC
- Section 9 of AA application for interim measures is maintainable even if there is legal deficiency of insufficiently stamped or unstamped Arbitration Agreement
- Section 9 of the AA – Interim Injunction – Interpretation of deed of copyright transfer – whether for remake only or also for sequel
- Section 9 of the Arbitration Act – Application to foreign seated arbitrations
- Section 9 of the Arbitration Act – Territorial Incompetence
- Section 9 Petition – Interim relief – SIAC Foreign Award – Section 37 appeal
- Section 9 petition of sub-contractor against contractor
- Section 9 Petitions – Interim Relief – Access to the amenities in Lodha Worli
- Section 9(3) of the AA is not absolute bar – Application for interim measures against third party even after appointment of Arbitrator under Section 11 between the parties is maintainable
- Sections 13 & 13(1A) of the Commercial Courts Act – Whether Executing Court is a Commercial Court –
- Sections 14 and 29A(6) of the Arbitration Act – Extension of mandate of the Arbitrator and Substitution of the Arbitrator –
- Sections 17 and 37 of the Arbitration Act – Legality of Interim reliefs by Arbitrator
- Sections 17 and 37(2)(b) of AA – Legality of Arbitrator order refusing interim relief since Term Sheet is not a concluded contract.
- Sections 2(1)(e) and 29A(4) and (5) of the Arbitration Act, 1996 – Interpretation of “Court” – Extension of time to make award in a case where Arbitrator is appointed by Party
- Sections 21, 11 and 16 – Arbitration Act – Bar to impleadment of parties in the Statement of Claim
- Sections 26 and 27 of the Arbitration Act – Appointment of Advocate Commissioner for inspection of property to assess market value pending arbitration application under Sec.3G(5) of NH Act 1956
- Sections 9 and 11 of the Arbitration Act & SARFAESI Act – Arbitrator OR DR Tribunal – Petitioner is non-banking financial institution giving loans for purchase of vehicles.
- Settlement Agreement – Interplay of Sections 11(6), 73 & 74 of the Arbitration Act
- Share Holders Agreement Enforcement in India through Foreign Arbitral Awards
- Sub-Contractor Stranger to Contract with Employer – Cannot Compel Arbitration against Employer – Ruling of the Supreme Court
- Supreme Court – Tender acceptance & Letter of Intent Cannot Trigger Arbitration
- Supreme Court – Foreign Arbitral Award Cannot be Re-litigated in Section 48 Enforcement Court on Grounds Rejected by Singapore High Court
- Supreme Court Bars HC Review Powers – Finality of Section 11 Arbitrator Orders
- Supreme Court Clarifies Law on Bill Discounting and Compounding Interest in Arbitration
- Supreme Court HELD that where a contract expressly bars interest, the Arbitral Tribunal cannot award pre-award or pendente lite interest – even indirectly as “compensation”.
- TDS amounts constitute payment – Arbitral Award for Refund to the Contractor – Supplier
- Third party buyers cannot be dragged into arbitration.
- Trans-border Arbitration – Jurisdiction of Courts in India and Arbitration in Colombia
- Two anti-podal petitions under Section 9 of the Arbitration Act for diametrically opposite prayers of Developer & another of Housing Society.
- Unilateral Arbitrator Appointment by NBFC is Void
- Unstamped Arbitration Agreement – Impounded by Bombay HC and sent for stamping to the Authority
- Venue of Arbitration – Mumbai shown in the invoice of applicant-supplier and Kolkatta in the purchase order of respondent
- Veritable Party to the Arbitration Agreement & Privity of Contract
- Whether an arbitration clause in the invoices constitutes “arbitration agreement”
- Why Seat Prevails over Venue in Arbitration
August 2023
- Accident compensation – IT return income Vs. Notional income
- Arbitral Award – Breach of International Contract – Measure for Damages
- Arbitral Award – Delay in making arbitration reference
- Arbitral Award – Reimbursement of entry tax and increase in toll tax – Contract clauses bar fluctuations in taxes
- Arbitrator – No powers to implead non-signatory third party to arbitration proceedings without consent
- B.Ed. qualification for primary teacher post
- Bank official is not entitled to protection of Sec.197 Cr PC
- Death of truck driver on duty due to health deterioration – it is an “accident”
- Digital Services Act of European Union – Far-reaching changes – May effect even beyond boundaries of EU countries
- Dissenting or Minority Arbitral Award or Opinion is not an “Award”
- Ease of doing business for media & publishing companies
- Exparte decree – Interplay of Order IX Rule 13 & Explanation to Rule 2 of Order XVII of CPC
- IBC – Salutary order of the Supreme Court for value maximization of Corporate Debtor.
- Insurance contract – good faith equally applies to both parties
- Mobile addiction of Children – Curfew on time limit
- Much awaited IRDAI Circular dt 4.8.2023 on HDFC merger
- New Arbitrator – appointment – If Section 11(5) or Section 14 of AA applies?
- Notice for inquiry sent on whatsapp on the date of retirement
- SARFAESI – Refusal of District Magistrate to execute order for possession of secured assets only on the objection of Third Party – Illegal
- Section 31(7)(b) of the Arbitration Act – Interest @18%
- Super area – extra amount of increased sale area – Developer must give reasons, computation & calculations
- Tender conditions – law does not compel a man to do that which he cannot possibly perform.
- Trailer attached to the Tractor was not insured – SC exercised powers under Art.142 of the Constitution in exceptional circumstances
- Welfare of Senior Citizens – Salutary decision of Gram Panchayat
- Yeoman service to Women – much needed facility of ladies room in public building
August 2024
- Appointment in Railway Protection Force – Denial based on pregnancy
- Arbitrator appointment Vs MSMED Act 2006
- Circular of Goa Government that performance of musical works at ceremonies does not violate Copyright Act is illegal
- Compensation determined by the Court even if more than claimed can be granted
- CPC – Order VII Rule 11 application period does not extend period for filing WS
- Disciplinary Enquiry – Charge sheets issued before retirement but served after retirement – legality
- IBBI – Resolution Professional – Show cause notices & Suspension of Authorization
- Illegal arrest & custody – Inquiry of Police and Compensation of Rs.25,000/-
- Insurance Ombudsman Rules 2017 – Quasi Judicial Authority – Duties and Functions
- MahaRERA Landmark Order of 30.7.2024 – Mandatory Disclosure of Amenities / Facilities
- OCI Card – Rejection of application by FRRO– Citizenship Act, 1955
- Overseas Travel Insurance Policy – Exclusion of expenses incurred on treatment in India
- Passport –Indian citizen minor child of 16 years having custody with mother of a foreign national.
- Redevelopment – Plight of Tenants – Coercive demand of property tax for failure of Developer to obtain OC
- Rights of Persons with Disabilities Act– Transfer of differently-abled employee
- Section 133 of Cr PC – Stone crushing plants near Atul Setu
- Surrogate Vs Biological mother – Litigation for Custody of twin minor daughters
- Urban Land Ceiling Act – One time premium for Development of exempted Surplus land
August 2025
Banking
- Directions of Election Authority to delete names of retired employees
- Advocate – Bank Panel of Advocates – Due Diligence of Title Reports – – Subsequently the title deeds were found fake – Negligence in discharge of professional duties –
- Arbitration – Termination of License Agreement of SBI Card for its Mobile App – Transition period of 12 months – Interim protection to prevent interruption of services
- Bank Account – blanket freezing at the instance of police without qualifying amount and perpetually is illegal
- Bank Accountable for Failure to timely Re-present Cheque
- Bank and Pygmy Agents – Application of EPF Act –
- Bank Locker – Son of deceased bank customer seeking information -RTI Act 2005
- Bank Locker – Theft – Liability of the Bank
- Banks Vs. Home Loan Borrowers Vs. Return of original documents after loan is fully paid = Hardship & Inconvenience
- Bombay HC – Bank Must Pay to Illiterate Widow for Negligence in Joint Account Fraud
- Bombay HC – SARFAESI Auction Cannot Be Finalized During IBC Interim Moratorium
- Bombay HC – Third Parties Need Not Pre-Deposit Under Section 18 of the SARFAESI Act
- Commercial Court – Jurisdiction – Counter Bank Guarantee governed by Egypt Laws
- Commercial Suit – Order XIIIA CPC – Transfer of ITC shares
- Commercial Suit for recovery of fixed deposit from the Bank – Maintainability
- Commercial Use without OC – Bombay HC Says No Relief, No Excuse
- Compensation -loss of original title deeds by the Bank
- Cooperative Bank – Offence under Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999
- Corporate Criminal liability of erstwhile Bank on successor Bank after amalgamation under the Banking Regulations Act.
- Criminal Complaint – Section 24 of the Contract Labour, 1970, against the Bank
- Cyber fraud without OTP on customer’s mobile – Bank’s liability
- Delhi HC – Arbitral Award -Clarifies on Rules of Appropriation First for Interest before Principal
- Delhi High Court on interpretation of clause“AS IS WHERE IS” often employed in the Auction Notice and interplay of “Caveat Venditor” vis-a-vis “Caveat Emptor”, SARFAESI Act and directions to refund auction amount –
- Digital India – Digital KYC – E-KYC – Exclusion of persons with physical disabilities
- Equitable Mortgage – Importance of Deposit of Title Deed for Priority between two Mortgages
- Facts about auction by the Bank must be made known to the parties
- Freezing / Attachment of Accounts Accused – Section 102 of Cr PC & Section 18A of the Prevention of Corruption Act
- GST – Major Relief to Holding Companies – Interim Stay of PH High Court to GST on Corporate Guarantees
- HDFC Bank – Complaint of harassment by the borrower to the Minority Commission
- Home Loan – Loss of original documents of property by the Bank
- Insurance Policy – Renewal – Dishonour of cheque by the Bank although sufficient balance in the account but for non-linking MOD with account – Deficiency in Service –
- Invocation of Arbitration Not Consent for Appointment
- IRDAI – Circular dated 3.11.2023 – Account Aggregator – Participation of the Insurance Sector in the next digital innovation
- IRDAI Circular of 21.11.2023 – Clarification of “without delay” for sanctions to Terrorism, Terror Financing & Proliferation Financing means “preferably on the same business day but not later than 24 hours in any case” for Section 12A of WMD Act, 2005 and UAPA 1967.
- Lenders Rights on Pledged Shares after closure dates
- Mortgage of the Bank and sale certificate of mortgaged property in auction shall prevail over order of attachment of the Civil Court
- MPID Act – Invalidation of Undervalued Asset Sale
- MPID Vs. SARFAESI Acts -Preferential Right to Secured Assets
- NBFC asset less than 100 crores is not a secured creditor for SARFAESI Act
- No Consideration, No GST on Corporate Guarantee
- No Nexus with Offence, No Freezing of Bank Accounts
- Nomination address for all Bank accounts – Appeal of Finance Minister to ensure designated beneficiaries
- Novation of Contract – Liablity of guarantors to repay loan – Temporary overdraft – Extension of time to repay without consent of the guarantors – Section 133 of the Contract Act.
- Partnership Firm & Trust – Money-laundering – Client due diligence
- Passport – Debtors Recovery Tribunal directions for surrender of guarantor’s passport in recovery proceedings – Illegal
- Pension Cannot Be Withheld for Section 138 NI Act Conviction
- Persons with Disabilities & Persons with Benchmark Disabilities – distinction for recruitment examinations
- PPF – Three accounts (one of major & two of minor) – Ceiling
- RBI Directions of 26.9.2025 – Streamlining Succession
- Registered Post Vs Receipt – Section 138 NI Act Notice – Limits of Section 27 GC Act presumption
- SARFAESI – Refusal of District Magistrate to execute order for possession of secured assets only on the objection of Third Party – Illegal
- SARFAESI Act – Auction Sale – Interim stay by Consumer Forum
- SARFAESI Act & MVAT Act – Ranking of priority and first charge on secured – Conflict of Section 37 of MVAT Act with Section 26E of SARFAESI Act.
- SC Clarifies – Section 138 NI Act Tied to Payee’s Bank Branch
- SC Clarifies – Trustee Alone Liable in Cheque Bounce Case, Not the Trust
- SC Mandates Disclosure of Pending Litigation in Auction Notice
- SC on Arbitral Award with 24% interest as per loan agreements – Valid
- SC Reimagined Cheque Bounce Cases
- Section 13(8) of SARFAESI Act – Right to Redemption of Mortgage & Rights of Auction Purchaser
- Section 138 of NI Act – Cheque of Foreign Bank payable in UAE currency – Transaction in UAE – Cheque presented in the ICICI Bank in India, dis-honoured and complaint filed in Court in India –
- Section 138 of NI Act against Independent / Non-executive Directors, CFO
- Section 138 of the NI Act – Liability of Accused who ceased to be Partner
- Section 141 of NI Act – Vicarious liability of Directors for dishonour cheque of the Company
- Section 143-A – NI Act – Interim Compensation – Liability of Directors for Company Cheque
- Section 148 -NI Act – 20% payment pending appeal against conviction
- Section 18 of the SARFAESI Act is mandatory for appeals to DRAT, irrespective of whether the order challenged is final or procedural.
- Section 206(4) of the Companies Act, 2013 – Essential ingredients
- Section 80P of Income Tax Act 1961 – Deduction – Cooperative Society for profits arising out of credit given to its members
- Sections 139 and 141 of the MC Societies Act – Discharge of Surety from Loan Liability
- Secured Creditors – Priority over the assets attached PMLA and MPID Act – SARAESI Act, 2002
- Subvention Home Loan – Default of EMI payments by Builders
- Supreme Court – Section 139 of the Contract Act – Discharge of the Surety on variation of the contract of creditor & borrower without knowledge of sureties.
- Supreme Court Clarifies Law on Bill Discounting and Compounding Interest in Arbitration
- Termination of Chief Human Resources Officer of National Stock Exchange – Maintainability of Writ Petition
- Unilateral Arbitrator Appointment by NBFC is Void
- Unilateral Recovery & debit of loan from Joint Pension Account violates Article 21
- Unregulated Lending including through digital lending or otherwise – Draft Bill to ban
- Whether a borrower of a project is “consumer” under Consumer Protection Act, 1986
December 2023
- Accident Insurance – Intimation of policy cancellation was not served on the insured prior to the accident – Third party claim- Direction to the Insurer first to pay compensation & recover from the owner is valid
- Arbitral Award – Marine Salvage contract – Claim for idle time charges – Challenge to the Award in Section 37 appeal is not maintainable
- Arbitration – Section 11 – Section 19(2)(a) of the Partnerships Act – Invocation of arbitration by one set of partners of the partnership – Notice is defective
- Arbitration – Section 8 – Arbitration clause in tripartite agreements was basis for subsequent agreements challenged in the civil suit
- Artificial Intelligence – Policy Brief of 12.12.2023 – Comprehensive, Informative, Illustrative study and analysis by PRS India Legislative Research
- Biogas Blending mandatory with piped natural gas supplies – Roadmap for greener future and sustainable energy
- Bombay HC Upholds Arbitral Award against HPCL – Termination of Contract Declared Illegal
- Charge-sheet – documents / material produced by accused and also seized during investigation were not filed – Sections 91 and 173(5) of Cr PC
- Chartered Accountant – Student pursued multiple courses with permission of ICAI and on completion of CS course sought enrolment – Subsequent refusal of ICAI for enrolment – Illegal
- Child – dispute for custody – Child staying with father reluctant to go with the mother and even to talk to her – Efforts of the Supreme Court and numerous efforts of Amicus Curiae for mediation should be lauded.
- Copyright Act, 1957 – Interplay between Section 60 and its proviso on suit for declaration that the allegations of copyright infringement by the defendant were groundless.
- Customs – Pilferage of seized goods kept in the custody of Customs Cargo Service Provider – Section 117 of the Customs Act & Regulation 5(6) & 12(8) of Handling of Cargo in Customs Area Regulations, 2009.
- Dark Patterns – use on Online Platforms to mislead consumers – Salutary guidelines of protection
- De-registration of the Cooperative Housing Society – Section 21A of the Maharashtra Cooperative Societies Act, 1960 – Amended Section 14 of the Apartment Ownership Act.
- Electricity Transmission Lines – Powers to determine compensation for use of lands – Interplay of Government Resolutions of State Government Vs Telegraph Act, 1885 & Electricity Act, 2003 –
- Ethanol is not covered by the Bombay Prohibition Act – Seizure by Excise officials illegal and perhaps seizure was made to cater to the private interests of third parties.
- Execution of Decree – Section 54 CPC – Endless process – Chequered history of 1956 partition suit filed in 1956 and decree passed in 1957 – Till today the plaintiffs to get possession for objections of subsequent transferees.
- FEMA – Foreign remittances of Jaipur IPL franchisee in 2008 – Violation – Burden to prove and quantum of Penalty – Specific finding on the specific role of individual is essential for imposing penalty
- Gold Jewellery of Iranian Nationals seized at the airport was sold even before confiscation by the Customs.
- IBC – NCLAT – Section 9 application – Collusion of Corporate Debtor & Operational Debtor to overcome RERA orders for protection of home buyers
- Important decision of NCLAT – NFRA Vs. ICAI on Disciplinary matters of Chartered Accountants –Chartered Accountants Act, 1949
- Important judgment on the issue of “relevant date” for market value for charges for change of user from industrial to residential.
- Income Tax Act 1961 – Offence under Sections 276-B read with 278-B – In the absence of mandatory notice of Section 2(35)(b) delivered to the Director – accused no.8, he cannot be treated as principal officer for prosecution.
- Insolvency – IBBI -Salutary decision to frame guidelines and panel in advance for appointment of Interim Professionals to avoid administrative delay
- IRDAI – Cover note of 12.12.2023 on Exposure Draft and inviting comments / suggestions on unification of two Regulations of 2015 and 2016
- IRDAI – Insurance – Important Exposure Draft on IRDAI (Insurance Products) Regulations, 2023 – Published on 12.12.2023 inviting comments / suggestions.
- IRDAI – Cyclone Michaung – Circular dated 18.12.2023 – Salutary decision to grant special dispensation to General Insurers and increasing limit of losses for appointment of Surveyors and Loss Assessors
- IT Act – Govt subsidies, duty drawback, incentives, exemptions and waivers given to projects / industry are income – Finance Act of 2015 – Constitutional validity – Judgment of the Bombay High Court
- Leave and Licence Agreement – Order XV-A and Order XXXIX Rule 10 of CPC – Powers of Court to order deposit licence fees at the interim stage in a suit other than for eviction.
- Legislation on Right to Health – To my mind, it may be first of its kind in the country and comprehensive –
- MahaRERA – Comprehensive & salutary Reforms for 2024 – 19 pages consultation paper as per of Section 14(3) of the RERA 2016 for public comments
- Mediate and not litigate. The future of mediation in India lies in its ability to impact the social change – Excellent guiding article and story on Mediation by distinguished Dr. Balram K Gupta –
- Mediation – Proposed changes in the Rules of the Bombay High Court – Notification dated 13.12.2023 inviting suggestions by 31.1.2024.
- Mediclaim Insurance – Claim – IRDAI – Cap on treatment in AYUSH Hospital as compared full reimbursement for Allopathy treatment is unreasonable –
- Order I Rule 10(2) of CPC – Owner is a necessary party to the suit of tenant challenging the notice of Section 53(1) of the MRTP Act – Application of owner to implead in the suit is maintainable.
- Organ donation – Consent of donor before death and consent of relative after death – Conflict – Important issue pending adjudication before the Supreme Court
- Passport – Debtors Recovery Tribunal directions for surrender of guarantor’s passport in recovery proceedings – Illegal
- Pioneering and salutary model draft of Legal Audit Act – essential for certification of contracts and business of establishment
- Principles of Natural Justice – Intricate inquiry procedure may result counterproductive – School is unable to punish an employee who has committed gross misconduct of sexually assaulting minor girl.
- Question whether Section 42A of POCSO Act prevails over Section 14A of the SC / ST Atrocities Act which provides for appeal remedy against an order granting or refusing bail.
- Scholarship to the Scheduled Caste students – direct transfer to their accounts instead of earlier transfer to the accounts of private institutions – Legality of change in Govt policy from 2021
- Second holiday home – you can have – salutary takeaways of SEBI Guidelines allowing Fractional investment and ownership holiday home – you should know
- Section 24 of CPC – Transfer of Section 12 PWDV Act application to the Family Court
- Section 28A of the Land Acquisition Act, 1894 – Maintainability of Application for re-determination of compensation
- Section 36(3) of the AA – Unconditional stay to the Arbitral Award for money – Illegal – Conjoint application of Section 36(3) and Order 41 Rules 5(1) & 5(3) of the CPC
- Sections 17 and 37(2)(b) of AA – Legality of Arbitrator order refusing interim relief since Term Sheet is not a concluded contract.
- Sections 28, 108, 112(a), 112(b), 113A, 129A and 138B of the Customs Act – Order for confiscation, recovery of duty for concealed goods, interest and personal penalty
- Sections 9 and 11 of the Arbitration Act & SARFAESI Act – Arbitrator OR DR Tribunal – Petitioner is non-banking financial institution giving loans for purchase of vehicles.
- Service Law – criminal case Vs. departmental inquiry on the identical charges, same evidence, witnesses & circumstances – Effect of subsequent acquittal in criminal case on earlier dismissal in departmental inquiry.
- Suit for eviction – Effect of sale of premises by owner during pendency of suit – Order 22 Rule 10 of CPC – Procedure in case of assignment before final order in the suit –
- Trademarks – Anna Idli Gruha – ANNA – Doctrine of Prosecution History Estoppel
- Water sports – Entertainment Duty – validity of proviso to Section 3(1) & (5A) of the Bombay Entertainment Duty Act, 1923, as inserted by Amendment Act of 1998, upheld.
- Women Self-Help Group (Bachat Gats) – No preferential rights in Tender for Take Home Ration (nutrition food) through 1,10,446 Anganwadi Centres
- Workman – Offensive face book posts inciting workmen against the Company – Termination is legal
December 2024
- Accident – 100% permanent disability and mental disability – Salutary principles for compensation
- Arbitration Agreement – Section 11(6) – Change of employer
- Deemed Conveyance for a part of the society land from undivided larger plot
- GST – Notice for audit valid even after de-registration
- Insurance – Ombudsman Award – Implementation by Insurer – IRDAI Notification of 25.4.2017.
- Insurance – Repudiation of Claim for loss due to floods on the ground of fraud
- MBBS – Denial of admission for non-payment of five times more fees than regular fees of first year
- Offences – Manufacture of fake garments using Puma label – Copyright Act & Trademarks Act.
- Section 148 of NI Act – suspension of sentence – authorised signatory of company cheque
- Section 33 – Arbitration Act – time line – Clarification Order
- Section 353 of IPC – Offence against Advocates for interfering in CBI search of client’s office
- Sections 13 & 13(1A) of the Commercial Courts Act – Whether Executing Court is a Commercial Court –
- Sections 17 and 37 of the Arbitration Act – Legality of Interim reliefs by Arbitrator
- Stamp Duty – Development Agreement – Revenue sharing of sale proceeds with Owner – Market Value –
- Supreme Court landmark Judgment to eliminate unauthorised construction
- Unregulated Lending including through digital lending or otherwise – Draft Bill to ban
December 2025
- Arbitral Award based on contractual breaches (failed purchase order) will be upheld unless patently illegal – Bombay HC
- Arbitration Costs Award – Principles and Practice – Bombay HC Reduces Costs of Rs.1.6 crores to Rs.25 lakhs .
- Arbitrator Independence and Law Firm Briefings – Limits of Section 32(3) Categories
- Arbitrator’s Continuation Impermissible After Mandate Ends – Rules Supreme Court
- Bombay HC – Title Validity Disputes Beyond RERA’s Jurisdiction
- Bombay HC – Arbitration Section 11 Petition dismissed, Constructive Res Judicata Applies to AAI
- Bombay HC – Brokerage Agreements are binding and NSE Circular cannot retroactively invalidate them
- Bombay HC – Developer Cannot Unilaterally opt for Condominium – Cooperative Housing Society Registration by members Upheld
- Bombay HC – Monetary Claims Cannot Block Membership of Cooperative Housing Society
- Bombay HC – No Membership of Housing Society Unless “Flat” is in the Sanctioned Plan.
- Bombay HC – Powerful Precedent for Teachers’ Welfare and Compassionate Interpretation of Medical Reimbursement Scheme for Son’s Illness
- Bombay HC – SARFAESI Auction Cannot Be Finalized During IBC Interim Moratorium
- Bombay HC Confirms Cost Overrun Claims in Arbitral Award of Interior Contract against Bank of India
- Bombay HC DB Important Judgment on Res Judicata, Narrow Public Policy and Corporate Veil Principles Strengthens Foreign Award Enforcement
- Bombay HC Draws Line Between Residential and Educational Licenses for the Rent Control Act
- Bombay HC Holds Rule 9 of MOFA Rules Overrides Clauses of Developer Agreement
- Bombay HC on Crystalizing Boundaries for Common Layout Land Measurement in Deemed Conveyance of one Society
- Bombay HC on Limits of Arbitration Referral in Mumbai Metro Line Dispute of Settlement Agreement
- Bombay HC Quashed Rs.200 crores Arbitral Award against Thermax
- Bombay HC Reinforcing Arbitral Autonomy in Real Estate Development Contracts
- Bombay HC Restores Elected Trustees – Quashes Administrator Order in Shani Shingnapur Trust
- Bombay HC Revives Arbitral Award against TMC and Restricts Section 34 Court Interference
- Bombay HC Rules – Composite Mortgage Deed for Multiple Loan Agreements Constitute Distinct Transactions for Stamp Duty
- Bombay HC Rules Agreement to Lease of CIDCO Plot Attracts only Agreement Stamp Duty of Article 5 & Not Article 36
- Bombay HC Ruling – Committee of Housing Society cannot Function below Statutory Strength.
- Bombay HC Strengthens Insurance Law – Non-Forfeiture Clause Protects LIC Policyholders
- Bombay HC Upholds Arbitral Award against Securitrans India in ATM Cash Theft Case
- Bombay HC Upholds Disqualification of Housing Society Committee Members for Failure to Supply Documents
- Bombay HC Upholds PMC’s Power to Levy Licence Fees on Sky Signs and Hoardings.
- Bombay Stock Exchange – Arbitral Tribunal – Award for Share Trading Dues
- Dignity First – Maharashtra 15.12.2025 GR Secures Senior Citizens in Housing Redevelopment
- Discipline over Sympathy – CISF Service – Dismissal for Bigamy
- Electricity Act, 2003 – Whether a Lessee or occupant is a “consumer” Sections 126 & 127 – Important Question decided by Bombay HC
- Foreign Father’s Immigration status on the date of birth of child in India is decisive for minor’s passport
- Fraudulent Siphoning Off Shares of Investors – Misuse of Power of Attorney by Stockbroker – Liability of CDSL as Depository
- Freezing / Attachment of Accounts Accused – Section 102 of Cr PC & Section 18A of the Prevention of Corruption Act
- From Arrears of Previous Owner to Admission of new Member in Housing Society – Bombay HC Ruling
- Importance and Relevance of Doctrine of “Ante Litem Motam” in the Arbitral Disputes and Claims
- Justice for Frontline Heroes – Insurance Benefits Restored by the Bombay HC
- NCDRC Affirms Housing Society as “Consumer” under the Consumer Protection Act
- Nominee is Receiver, Not Heir – Supreme Court Clarifies GPF Nominee’s rights
- Profits from Broker’s Mistake belong to the Trader – Rules Bombay HC
- Promoters Cannot Obstruct or Object Deemed Conveyance of Housing Society -Bombay HC
- Report of Cooperative Authorised Officer replaced before its submission is invalid- Bombay High Court
- Rule 10 Prevails – Bombay HC Clarifies Five-Year Limit on Extension for Mining Auction Letter of Intent
- Rule 3A of the BHC Appellate Side Rules, 1960 – Jurisdiction of the Kolhapur Circuit Bench
- SC – Private Doctors Requisitioned in Covid-19 Entitled to Rs.50 lakhs PMGKY Insurance
- SC Clarifies Scope of Pre-Existing Dispute for Section 9 IBC
- SC Clarifies Section 9A of Stamp Act – Society Registration is Conclusive Proof for exemption
- SC Enhances Compensation for Parents of 14-year-old Accident Victim
- SC Judgment of 269 pages Brings Clarity on Termination of Arbitral Proceedings
- SC Landmark Ruling on Medical Negligence, Hospital Accountability, Patient’s Rights to Compensation and Jurisdiction of Medical Council
- SC Reaffirms Burden of Proof on Involvement of Offending Vehicle in Accident Compensation Claims
- SC Strengthens Rule of Law in Passport Renewal Cases
- SC Upholds Landowner’s Preferential Right in Slum Redevelopment
- Section 154B-13 of the MC Societies Act – Mandatory Duty of the Housing Society to transfer shares and admit nominated person as Member
- Section 17 AA Interim relief Not Automatic in Redevelopment Arbitration
- Section 55(5) of the Motor Vehicles Act – Cancellation of Imported Car Registration Certificate
- Section 64VB of the Insurance Act Clarified – Insurer Bound to Honour Policy Once Premium for Renewal received
- Senior Citizens Act – Eviction Order without any claim for maintenance or allegations of harassment or cruelty.
- Seniority of Secondary School Teachers – Category C of Schedule F of the MEPS Rules 1981
- Sub-Contractor Stranger to Contract with Employer – Cannot Compel Arbitration against Employer – Ruling of the Supreme Court
- Supreme Court – Landmark Judgment of 8.12.2025 on Judicial Restraint in Fiscal Matters including revision or increase of property tax
- Supreme Court Clarifies Law on Bill Discounting and Compounding Interest in Arbitration
- Supreme Court Ruling Curriculum Defines Qualifications and Eligibility Criteria
- Supreme Court says – Fire is Fire – Insurer Cannot Evade Claim on Technical Grounds
- Supreme Court Strengthens POSH Act by Broadening “Workplace” Jurisdiction
- Supreme Court Upholds Forfeiture of Deposit for Breach of Timelines in IBC Liquidation Sale
Education
- Admission – Dental course – Online Uploading of documents – Lack of connectivity to the portal
- Admission to Engineering College against reserved category and to produce caste validity certificate before cut-off date – Certificate was produced after cut-ff date – Admission was cancelled – Legality
- Caste Scrutiny Committee – Costs imposed by Bombay High Court
- Expulsion of the student -MNLU Mumbai – Reduction of punishment and community service
- Glad to share the proud moment and news – Dr.Priyanka Jawale, SPPU student and now Legal Officer, MOE, GOI, moderating an important Session of UN International Law Commission
- GST – Goa University – Educational activities – Affiliation Services to constituent colleges
- Important & Salutary for the students and the parents – Guidelines for Regulation of Coaching Centre – Legal Framework for Unregulated private coaching
- Internship opportunities to the students -salutary decision of the welfare Government of Maharashtra in right earnest to create platlform in the college vide recent Government Resolution dated 5.2.2024 in the interests of thousand of students
- Kerala HC Quashes Criminal Case against Teacher – Distinguished Discipline from Cruelty to Student
- MBBS – Denial of admission for non-payment of five times more fees than regular fees of first year
- MBBS Admission – State of Goa – Physical Residence for 10 years
- MBBS Admission – Persons with Disability
- MBBS Course – Denial of admission to a student with disability
- MBBS Course – PwD quota – Eligibility of Student disability for admission
- MOU for Artificial Intelligence – Robotics in Govt Engineering Colleges & Polytechnic –
- New College – Permission – Maharashtra Pubic Universities Act, 1960 – One of the grounds for grant of new college to Respondent Nos.6 to 8 was that comparatively the petitioner is a new institution – Salutary observations of the High Court for assessment of such proposals
- New Law college at a location not covered by the University perspective plan
- Open Distance Learning and Online Programs – UGC approval
- Primary Teachers – How to ensure attendance in the school – Use of Technology
- School Transfer Certificate – Retention for non-payment of school fees –
- UGC Distance Learning Regulations 2020 – NAAC accreditation parameters
Entertainment
- Bombay Police Act – Public Entertainment License – Requirement of Parking for Licence to run Video Parlour – Rules of Licensing for Public Entertainment
- Circular of Goa Government that performance of musical works at ceremonies does not violate Copyright Act is illegal
- Copyright Act – License for sound recordings – Phonographic Performance Ltd
- Entertainment duty on Cinema Award function & Penalty –
- Gratuitous passenger – Traveling in goods carriage vehicle to attend marriage ceremony
- Offence of Section 294 IPC – Obscene acts and songs must be at public place – Dancing Girls wearing short clothes and dancing at Banquet hall of Resort is not public place – Offence is not attracted. FIR quashed.
- Online Real Money Games – Restrictions of Time, Monetary Limit, Age Restriction or Aadhar verification
- Section 31D of the Copyright Act – What it permits and What it prohibits – interesting dispute between Tips and Wyank
- Section 9 of the AA – Interim Injunction – Interpretation of deed of copyright transfer – whether for remake only or also for sequel
- Sound of the Law – Bombay HC Protects Live Music Orchestra in Restaurants for Entertainment Licence under the Maharashtra Police Act, 1951 and the Public Amusement Rules, 1999.
- Termination of Bus Conductor for alleged misconduct
- TV / Radio / Print / Internet Advertisements – Mandatory Self-declaration w.e.f 18.6.2024
- Water sports – Entertainment Duty – validity of proviso to Section 3(1) & (5A) of the Bombay Entertainment Duty Act, 1923, as inserted by Amendment Act of 1998, upheld.
February 2024
- Access of Justice – Probono works- Role of Lawyers – Salutary Recommendations of 143rd Parliamentary Committee Report tabled in the Lok Sabha on 7.2.2024
- Admission to Engineering College against reserved category and to produce caste validity certificate before cut-off date – Certificate was produced after cut-ff date – Admission was cancelled – Legality
- Advocate – Bank Panel of Advocates – Due Diligence of Title Reports – – Subsequently the title deeds were found fake – Negligence in discharge of professional duties –
- Appearance of Advocate in VC hearing in a moving vehicle – undermines judicial process
- Arbitral Award – Claim barred by limitation – Sec.14(1) of the Limitation Act Exclusion of period of earlier proceedings – Patent illegality & Violation of Public Policy- Interference under Section 34 of AA –
- Arbitral Award – One Award applied in other 9 References and secondly, such an Award for specific performance of the agreement in respect of immovable property without its identity with certainty is illegal
- Arbitral Award – Transfer of Domain name – IN Domain Name Dispute Resolution Policy – National Internet Exchange of India (NIXI)
- Arbitral Award of Arbitrator unilaterally appointed is nullity even if the respondents did not appear and even if no objection is taken by the respondents
- Arbitration – Section 11 of the AA – Directors, who are not party to the Arbitration Agreements cannot be made party – SC Judgment in Cox and Kings Ltd case is distinguished.
- Arbitration Act, 1996 – Section 34(3) – Delay in filing Section 34 petition – Service of Arbitral Award on the “party” is essential – “Party” does not include “agent or advocate” of the parties.
- Arbitration for adjudication of Industrial Disputes – Informative in-depth analysis of mechanism by two distinguished Advocates of the Bombay High Court
- Atrocity Act – Bail to the accused without notice to the victim – Illegal – Landmark decision of the Delhi High Court – Appeal under Section 14A(2) of SC & ST Act allowed – Essential to make victim as party in the proceedings.
- Bombay High Court – Important Judgment – Surrogacy – Legality of new stipulation in Rule 1(d)(I) of Rules prohibiting donor gametes
- Bombay High Court important ruling on considerations for computation and condonation of delay –
- Bombay High Court importing ruling on considerations for computation and condonation of delay –
- Consumer Protection Act – Flat Agreement – Interpretation of terms and conditions – Claim of hume buyers for refund of amount on termination of agreement – NCDRC however directed to give possession
- Customs House Agent cannot be held responsible once IEC particulars are given by the exporter and cannot be held liable after issuance of Let Export Orders only because exporters were not traceable – CBLR Regulations, 2018
- Deemed Export Scheme – Interest for delay in payment of Duty Drawback for supplies in civil construction of Koyna Power Project aided by the World Bank – Section 75A(1) of the Customs Act
- Delhi High Court important ruling on donation of liver by minor daughter of age) to ailing father – Transplantation of Human Organ Act, 1994 – Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014
- Delhi High Court on interpretation of clause“AS IS WHERE IS” often employed in the Auction Notice and interplay of “Caveat Venditor” vis-a-vis “Caveat Emptor”, SARFAESI Act and directions to refund auction amount –
- Electricity Act 2003 – Distribution Franchisee applied by the Central Shopping Mall for its shops – Challenge to the Final assessment order under Section 126- in writ petition – Efficacy of alternate remedy of Section 127
- Food Safety and Standards Act, 2006 Vs. Offences under Sections 272 & 273 of the Indian Penal Code – Interplay – trial of offender under both enactments – Overriding Effect of Section 89 of FSSA
- Glad to share the proud moment and news – Dr.Priyanka Jawale, SPPU student and now Legal Officer, MOE, GOI, moderating an important Session of UN International Law Commission
- Hospital – Uniform standard hospital charges – Rule 9 of the of the Clinical Establishment (Central Government) Rules, 2012 – Important issue raised in PIL by NGO Veterans Forum for Transparency in Public Life –
- IBC – Real Estate – Corporate Debtor – Amendment of 16.2.2024 to IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Transparency and accountability –
- IBC – Report of Committee on introduction of Mediation in Insolvency and proposed frame work in the backdrop of new Mediation Act, 2023.
- Insurance Electronic Marketplace free of charges for availing services by the consumers -IRDAI – Insurance – Digital Public Infrastructure “Bhima Sugam – Insurance Electronic Marketplace” –
- Internship opportunities to the students -salutary decision of the welfare Government of Maharashtra in right earnest to create platlform in the college vide recent Government Resolution dated 5.2.2024 in the interests of thousand of students
- IRDAI – 14.2.2024 – Exposure Draft of Protection of Policyholders’ Interests and Allied Matters of Insurers) Regulations, 2024
- IRDAI – Corporate Governance Regulations of 2024 – Exposure Draft published on 2.2.2024 – for doing business, reduce compliance, protection of policy holders and above all, best practices for the corporate governance of Insurers
- IRDAI – Draft Guidelines of 20.2.2024 – Introduction of collaterals in the Insurance sector and in particular for reinsurance transaction with Cross Border Reinsurers
- IRDAI – Final Order dated 22.2.2024 prohibiting Confiance International Reinsurance Brokers Malaysia for two years from Indian Insurance Market –
- IRDAI – Health Insurance Policies – Guidelines Circular Coverage for AYUSH on par with Allopathy & other treatments – Guidelines & Advisory Circular dated 31.1.2024 for Insurers.
- IRDAI – Important and significant Circular of 31.1.2024 for the Persons with Disabilities (PWD) or afflicted with HIV / AIDC or suffering from mental illness.
- IRDAI Circular dated 16.2.2024 – Unclaimed amounts of Policy holders – New Salutary measures to reduce existing and contain future accumulation of unclaimed amounts –
- IRDAI on 2.2.2024 issued Exposure Draft of IRDAI (Registration, Capital Structure, Transfer of Shares and Amalgamation of Indian Insurance Companies) Regulations, 2024
- Karantaka High Court relief to 85 years old lady senior citizen, who gifted coffee estate to the son, for maintenance of Rs.7 lakhs under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Karnataka High Court – – Important Ruling – Partition deed is not covered under Section 23 of the Senior Citizens Maintenance and Welfare Act 2007 and therefore, cannot be challenged.
- Karnataka High Court – Menace of Unauthorised Constructions – Recent order dated 19.1.2024 – Landmark, Comprehensive, Salutary directions and also to create database for website and use of common stake holders / authorities
- Limitation – Appeal against acquittal – Section 378(5) of Cr PC – Benefit of Section 5 of the Limitation Act to condone delay is available.
- LL.B. Degree (3 years course) obtained while in service – Eligibility for enrolment after retirement- Refusal of Bar Council is illegal since it has no right to question the degree certificate
- National Highways Authority Act, 1956 – – Authority passing an order under Section 3(H)(4) has no powers to review such an order – Even consent of the parties to review such order also would not create such review powers
- New College – Permission – Maharashtra Pubic Universities Act, 1960 – One of the grounds for grant of new college to Respondent Nos.6 to 8 was that comparatively the petitioner is a new institution – Salutary observations of the High Court for assessment of such proposals
- Offences under Section 123 of the Representation of the People Act 1950 and 171-H & 188 of the Indian Penal Code.
- Public employment – Selection and appointment – Non-disclosure of criminal case and acquittal in the affidavit given after selection – Effect –
- Public Prosecutor – Mah.Govt.Servant Marathi Language Examination Rules 1987 – Increment given even without passing the examination in stipulated period – Legality of action for its recovery at fag end of retirement
- Re-development of society building – Right of Senior Citizens to shelter – Petitioner senior citizen is roofless for last 4 years at an old age and cannot be left to suffer on any delayed or impossible re-development.
- Redevelopment – Refusal of further permission only because the public road is less than 9 mts –Does it mean that the owner should on his own widen the public road to minimum width of 9 meters. Interesting case and facts as to how the authorities think and act against the public interest in redevelopment.
- Redevelopment approved by majority members – Dispute between legal heirs of only one deceased member in the Civil Court – Salutary and innovative order of Cooperative Appellate Court to pave way for redevelopment
- RERA – Joint Liability of the Promoters even if home buyer had paid amounts to one of the promoters – Order of the MahaRERA Appellate Tribunal for refund by both the promoters – Legality
- RERA Act 2016 – Obligation of the promoter to deposit of amount awarded by the MahaRERA in the Appellate Tribunal – Mandate of proviso to Section 43(5) to entertain appeal of the promoter
- Resignation – Legality of rejection of request for withdrawal of prospective resignation – Principle of vinculum juris that relationship of employer and employee continues during resignation notice period.
- Retirement Homes for Senior Citizens – MahaRERA Draft Regulations of 2.2.2024 – Important salient features of Regulations on safety and security
- Sections 14 and 29A(6) of the Arbitration Act – Extension of mandate of the Arbitrator and Substitution of the Arbitrator –
- Sections 2(1)(e) and 29A(4) and (5) of the Arbitration Act, 1996 – Interpretation of “Court” – Extension of time to make award in a case where Arbitrator is appointed by Party
- Senior Citizens and Parents – Protection and Maintenance – Order directing the son to vacate the flat and pay maintenance of Rs.5000 per month to the parents – Police aid for Implementation.
- Service Tax on Legal Services by an Advocate or a partnership firm of Advocates – Exemption – Notification No.25/2021 dated 20.6.2012 – Powers and Jurisdiction of the Designated Officer
- Solar Energy Trading – Peer to Peer Trading through Blockchain Technology – Revolutionary decision of the Karnataka Electricity Regulatory Commission
- Title Insurance – Protection to the owners and lenders against financial losses from the defects in the title or ownership of a property.
- Unilateral Deemed Conveyance – Parameters of powers under Section 11 of the MOFA Act – Authority performs obligation and duty for the failure of promoter
February 2025
- Accident Compensation – Court cannot sit over disability determined by Medical Board
- Accident Compensation – Duty of the Court to award just compensation even if less valuation is made by the claimant
- Accident compensation – Loss of future income – Deduction that the appellants stepped into the business of deceased parents – Illegal
- Agreement of 2015 for two years – Arbitration invoked in 2022 for claims 2019 to 2021.
- Arbitral Award – Powers of Executing Court – Unilateral appointment of Arbitrator
- Arbitral Award of Facilitation Council – Limitation – Section 18(5) of MSME Act & Section 29A of AA –
- Arbitration & Bilateral Investment Treaty of UK and India
- Arbitrator – Appointment by ad invitum & proviso to Section 12(5) of AA
- Bank and Pygmy Agents – Application of EPF Act –
- Bombay High Court – Important questions on Sections 40, 41A and 50 of the Code of Criminal Procedure
- Compassionate appointment of third born after cut-off date
- Compensation – Application of “Split Multiplier” for reduction in loss of dependency – pre & post-retirement income
- Compensation – Major sons and married entitled as legal heirs of deceased victim
- Compensation in foreign currency – Exchange rate on the date of accident or filing petition
- Conveyance – Denial for 10 years for non-developement of two other buildings
- Deemed Conveyance Certificate – Exclusion of Recreational ground and internal roads
- Discontinuation of Contract abruptly before expiry of period & without giving any reason
- Insurance Claim – Repudiation for non-payment of national permit authorisation fees of truck
- Insurance claim – Repudiation for partial non-disclosure of material facts of other policies
- IRDAI Order of 19.2.2025 – Insurance Broker – Penalty of Rs.1 crore for violation
- Land Acquisition & Compensation Vs. TDR / FSI
- MBBS Course – Denial of admission to a student with disability
- MBBS Course – PwD quota – Eligibility of Student disability for admission
- Mistake of contractor in giving in bid price – Encashment of bank guarantee
- NBFC asset less than 100 crores is not a secured creditor for SARFAESI Act
- Occupancy Certificate withheld for six years by the CIDCO – Highhanded action
- Persons with Disabilities & Persons with Benchmark Disabilities – distinction for recruitment examinations
- Sales Tax dues of an proprietor – Attachment of jointly owned flat
- Section 12A -Commercial Courts Act – Legal notice for mediation
- SRA Redevelopment – Height Clearance NOC of Airports Authority of India
- Trademark Infringement – Court where goods are sold on web portal has territorial jurisdiction
- Unilateral Conveyance – Dispute of extent of land and recreational ground
February 2026
- Addition of Future Prospects to the Accident Claim Compensation is mandatory
- Bobay HC – Change of Ownership Justifies Reassessment of Property Tax & Ratable Value
- Bombay HC – Majority Arbitral Award – Mumbai Metro One Project – MMRDA
- Bombay HC – Minority Arbitral Award – Metro One Project & MMRDA – Scope of Powers of Section 34 Court
- Bombay HC – MMRDA & Mumbai Metro One Project – Severance of Arbitral Award
- Bombay HC – Mumbai Metro One Project Arbitral Award – Change of Scope
- Bombay HC – Section 10 of the MOFA – Rejection of Application of the Society for Deemed Conveyance – Illegal
- Bombay HC – Section 11 MOFA – Deemed Conveyance – Common Areas, Roads & Gardens
- Bombay HC – Section 127 of MRTP – Deemed Lapsing of Land Reservation
- Bombay HC – Section 154B-5 – Basement & Parking Area outside FSI and Sanctioned Plan
- Bombay HC – Section 85-B of the ESI Act, 1948 – Damages
- Bombay HC – Adoption of Abandoned Child under Juvenile Justice Act & HAMA Ensures Equal Caste Entitlements
- Bombay HC – Arbitral Award by Ineligible Arbitrator Cannot Be Enforced as Legal Decree
- Bombay HC – Assignment of Leasehold Rights in MIDC Industrial Plot Not Taxable as Service under GST
- Bombay HC – Back wages Not Automatic – Require Proof of Employment
- Bombay HC – Departmental inquiry must be evidence – based, FIR Registration alone is not sufficient.
- Bombay HC – Disability Pension Protects Military Personnel Through Socio-Economic Justice
- Bombay HC – Duty of Diligence on Insurer in Policy Portability
- Bombay HC – Honesty in Undertakings for Full Disclosure of Antecedents of Blacklisting or Debarment is Non-Negotiable
- Bombay HC – Limits of Interference by University Tribunal in Disciplinary Penalty and Findings of Enquiry Officer
- Bombay HC – Membership Rights are statutory traceable to the MCS Act, Rules and the Byelaws -Cannot be Refused without sufficient cause.
- Bombay HC – MMRDA cannot replace monetary compensation with TDR without consent, for the acquired land.
- Bombay HC – No Escalation & No Claim Clause Cannot Shield Employer’s Breach – Arbitration Award Upheld
- Bombay HC – Once Section 11 of MOFA is applied, the society must receive the promoter’s actual estate – Leasehold or Ownership under the Development Agreement
- Bombay HC – Ownership of Basement & Parking alone does not qualify as “flat” for membership of a housing society.
- Bombay HC – Protects Developers and Purchasers from Indenitie Revival of Stamp Duty Deficit Demand
- Bombay HC – Quashes Staggered Salary Payment for Assistant Teacher transferred to aided post in private school
- Bombay HC – Railway Employee Death – Compensation – Valid Railway Pass Ensures Bonafide Passenger Status, Even Off Duty
- Bombay HC – Registered Consent Decree of Civil Court is Binding on Revenue Authority for Mutation
- Bombay HC – Rejection of Application for Deemed Conveyance citing (i) illegible sanctioned building plan and (iii) developer’s lack of title without land owner’s consent, is illegal
- Bombay HC – Section 314 MMC Act – Notice Must Identify Breach of Sections 312, 313 or 313A.
- Bombay HC – Section 35 of the MC Societies Act must be used only in clear cases of destructive conduct, not to suppress accountability.
- Bombay HC – Section 9 Interim Relief Denied to Developer Seeking Profiteering Advantage
- Bombay HC – Third Parties Need Not Pre-Deposit Under Section 18 of the SARFAESI Act
- Bombay HC Clarifies – Authority’s findings do not bind Civil Courts in Deemed Conveyance Disputes
- Bombay HC Clears MHADA Redevelopment – Waiver of Consent of Housing Society Upheld
- Bombay HC Confirms Unauthorised Trading and Arbitral Award
- Bombay HC Quashes DPC Order, Restores 2024 Seniority list for promotion to the post of Superintending Engineer in Pune Municipal Corporation.
- Bombay HC Quashes Mutation Entry Declaring College Land as Private Forest – Mahindra United World College Case
- Bombay HC Quashes Registrar’s Order Allowing Independent Shop Society without bifurcation of existing society
- Bombay HC Raps PMC – Tree Felling Permission Requires Strict Procedural Compliance
- Bombay HC Reaffirmed that Deemed Conveyance is a Statutory Right of flat purchasers when promoters fail to execute conveyance.
- Bombay HC Upholds Arbitral Award Partly in Mumbai Metro-1 Dispute – MMRDA’s Section 34 Challenge Partly Fails
- Bombay HC Upholds Award of Morya Infrastructure in Road Development BOT Contract Dispute & Toll Collection
- Calcutta HC – Maintenance Tribunal Cannot Order Eviction from the Property under the Senior Citizens Act
- Chronology Matters – Bombay HC on Competing Housing Society Registrations under Section 10 MOFA
- Compulsory Retirement of Junior Engineer – Pune University – Maharashtra Non-Agricultural Universities & Affiliated Colleges Standard Rules, 1984.
- Customs Act – Conviction under Section 135(1)(b)(i) based on confessional statements under Section 108 – Admissibility
- Customs Act – Detention of Imported Goods Without reason or written Order is Illegal
- Delhi HC – Section 21 Arbitration Notice is Procedural & Signal commencement of Arbitration – Need Not List All Claims
- Delhi HC Upholds Arbitral Award – Liquidated Damages Require Delay Attribution Proof & Verification – Clause 27 of the Contract of IRCON and AFCONS
- Dismissal of Court Employee for Unauthorised Absence for five days and Submission of a fabricated medical certificate
- Duty of Traffic Supervision at Bus Depot is Frontline Duty under COVID-19 – Bombay HC Holds MSRTC Employee entitled to Ex-gratia Compensation
- Important Beneficial Order of ITAT Kolkata Section 54E of Income Tax Act – Capital Gains – Exemption
- ITAT Mumbai – Redevelopment & Income Tax – Multiple Floors in new Building Still One House for Section 54 Exemption
- ITAT Mumbai Ruling of 20.2.2026 – Major tax relief for full indexed cost of acquisition of the entire land on multiple floors received in the redevelopment.
- Kerala HC Quashes Criminal Case against Teacher – Distinguished Discipline from Cruelty to Student
- NCDRC Reaffirmed that Surveyor Report is the backbone of Insurance Claim Settlement – Binding unless rebutted
- No Second Bite in the Cherry – Bombay HC Strikes Down Second Application for Deemed Conveyance After Rejection of Initial Application.
- One Building, One Society – Shops Cannot have separate Society without legal division – Rules Bombay HC
- Payment of Gratuity Act – Applicability to Employees of Heavy Water Plant, Department of Atomic Energy
- PMLA – Sections 3 and 4 Offences – Sufficient Grounds for Proceeding in Section 204 of Immense Importance
- Quashing of Criminal Case – Prevention of Corruption Act & IPC – Sanction to prosecute After Retirement
- Rajasthan RERA – Subsequent Security Interests of Lenders of Promoters Are Subordinate to the Allottees Rights & Prior Sale Agreement under Section 11(h) of the RERA Act.
- SC – Landowners not jointly liable with the Developer for construction delay or possession or deficiency in service
- SC – Consumer – Leasing a residential flat not commercial purpose – Consumer Rights of Home Buyer restored
- SC – Conviction of 1994 under Essential Commodity Act Quashed – Cement Control Act Inapplicable Post-1989.
- SC – Disability Pension to Ex-Servicemen is a recognition of sacrifice and right to arrears cannot be diminished by limitation law
- SC – Purchaser of property after an arbitral award and during its execution being a transferee pendente lite cannot resist execution of award.
- SC – Society Cannot Arbitrarily Defeat Membership
- SC Clarifies Distinction Between Filing Vs. Registration under NCLT Rules – Refilled Amended Petition of Homebuyers Maintainable
- SC Clarifies Section 29A – Award passed after expiry of Mandate is unenforceable but not void
- SC Cuts NCDRC’s Award of Rs.2 crores for faulty hair cut at ITC Beauty Salon, for lack of evidence
- SC Judgment of 3.2.2026 – Enforcement of Arbitration Agreement Begins with its Authenticity
- SC on grant of Bail – Cheating and Breach of Trust involving Rs.11.52 crores – Criminal Antecedents & Long Abscondence of accused
- SC on threshold limit of 100 allottees – second proviso to section 7(1) of IBC on the date of Insolvency Petition
- SC Signals Zero Tolerance – Exemplary Costs for Illegal Allotment of HUDA Deluxe Flats to Reinforce Accountability in Administrative Actions
- SC Upheld Collective Insolvency Petition of Home Buyers Against Multiple Developers
- School Tribunal – Maintainability of Appeal against Grant of Higher Scale of Trained Teacher – Section 9 of MEPS Act
- Section 18 of the SARFAESI Act is mandatory for appeals to DRAT, irrespective of whether the order challenged is final or procedural.
- Section 22(2) of MC Societies Act – Membership of Housing Society on the basis of Purchase of Basement & Parking Area
- Section 70 CGST Act – No Need to issue 7 days’ Notice for summons
- Supreme Court Invalidates Change of Land Use for Cement Unit – Master Plan Cannot Be Bypassed
General
- Access of Justice – Probono works- Role of Lawyers – Salutary Recommendations of 143rd Parliamentary Committee Report tabled in the Lok Sabha on 7.2.2024
- Artificial Intelligence – Policy Brief of 12.12.2023 – Comprehensive, Informative, Illustrative study and analysis by PRS India Legislative Research
- Bank Account – blanket freezing at the instance of police without qualifying amount and perpetually is illegal
- Banks Vs. Home Loan Borrowers Vs. Return of original documents after loan is fully paid = Hardship & Inconvenience
- Bhopal Gas Tragedy – Web Series – Stay sought by two former managers of Union Carbide Co and Right to pre-screening
- Bill of 2023 – Use of birth certificate for public services and database
- Biogas Blending mandatory with piped natural gas supplies – Roadmap for greener future and sustainable energy
- Bombay HC – Interpretation of NRI / OCI Quota in PG Medial Admission
- Bombay HC Restores Elected Trustees – Quashes Administrator Order in Shani Shingnapur Trust
- Bombay High Court – Important Judgment – Surrogacy – Legality of new stipulation in Rule 1(d)(I) of Rules prohibiting donor gametes
- Bulk Water Tariff Orders – Godavari River – Classification of Industries for different tariffs.
- Caste Certificate – Jurisdiction of the Competent Authority of place of ordinary residence or place of birth – Rule 5(1) of the Maharashtra Regulation of Issuance and Verification of Caste Certificate Rules, 2021 –
- Change in Wind Power Purchase Tariff – Prospective
- Child – dispute for custody – Child staying with father reluctant to go with the mother and even to talk to her – Efforts of the Supreme Court and numerous efforts of Amicus Curiae for mediation should be lauded.
- Compensation – Transmission Lines – Right of Way & Tower Base Area – new Guidelines
- Compensation for domestic violence – Section 22 of the Domestic Violence Act, 2005 – If it would relate to degree of domestic violence or financial status of the guilty party
- Consideration of agriculture income for motor accident compensation
- Consolidation Scheme was challenged after 50 years and that too, in appeal under Section 247 of MLR Code – Order allowing application for condonation of delay in filing appeal.
- Consumer Complaint of Devotee – Tirumala Tirupati Devasthanams
- Custom Duty – Interest on delayed Refund is statutory entitlement under Section 27A of the Customs Act, 1962 – Failure to consider the prayer for interest in appeal – matter remanded
- Customs – Pilferage of seized goods kept in the custody of Customs Cargo Service Provider – Section 117 of the Customs Act & Regulation 5(6) & 12(8) of Handling of Cargo in Customs Area Regulations, 2009.
- Customs Act, 1962 – Confiscation & Penalty – Merely because the imported goods can be subjected to an alternative use, this can never be the test to hold that the goods were prohibited – Order is illegal
- Cyber attacks & Cyber Crisis Management Plan – IRDAI Circular of 24.3.2025
- De-registration of Cooperative Housing Society – Direction of the Minister to initiate action only based on pendency of a title civil suit – Section 21A of the MCS Act, 1961.
- Delay in and short delivery of consignment – Deficiency in service – Carriage by Air Act 1972 – Contract Act – Consumer Protection Act
- Delhi High Court important ruling on donation of liver by minor daughter of age) to ailing father – Transplantation of Human Organ Act, 1994 – Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014
- Delhi High Court on interpretation of clause“AS IS WHERE IS” often employed in the Auction Notice and interplay of “Caveat Venditor” vis-a-vis “Caveat Emptor”, SARFAESI Act and directions to refund auction amount –
- Demurrage charges are not includible in the assessable value of imported goods – CESTAT Ahmedabad decision
- Digital Services Act of European Union – Far-reaching changes – May effect even beyond boundaries of EU countries
- Dignity First – Maharashtra 15.12.2025 GR Secures Senior Citizens in Housing Redevelopment
- Disability Certificate – Simplified process – Online portal – Amendment of the RPwD (Amendment) Rules 2024.
- E-rickshaw – Pune District – Appointment of Consultant – Maharashtra Electric Vehicle Policy 2021
- Employees Compensation Act, 1923 – A person engaged in hiring mike set for rent is not an “employee” within the meaning of Section 2(1)(dd) of 1923 Act but a contractor –
- Environment – Green Credits Program for individuals and entities for conservation and protection – Pioneering & Innovative
- EPF Act – application to two institutions of same Society since there is financial integrity and the funds have been given by the Society to both the institutions.
- FAR REACHING SEBI AMENDMENTS OF 14 JUNE 2023
- FIR for offences under Sections 420 & 120B of IPC and Sections 3 & 7 of the EC Act, 1955 for sale of hydrocarbon mixture as petrol or diesel –
- Foreign Lawyers – enrolment in India – South Korea national who has taken law degree in India applied for enrolment – Proviso to Section 24(1)(a) of the Advocates Act -Interesting facts and interesting case.
- Forest Conservation – MOU of Forest Department & Pune University – Training of Forest Officers
- Freedom of religion Vs. State Prohibition Law
- Generic Medicines for poor people and downtrodden sections of the society in the Government Medical Colleges & Hospitals – Welfare Cabinet decision of 27 Feb 2024 of GOM
- Glad to share the proud moment and news – Dr.Priyanka Jawale, SPPU student and now Legal Officer, MOE, GOI, moderating an important Session of UN International Law Commission
- Gram Panchayats want motorable roads but not hot mix plants in their area
- Green belt Zone – Mutha river – Illegal structures – Right to Regularisation
- Gujarat State CDRC – Open Marine Cargo Policy
- HIV – medical negligence – discharge of IAF official from service – landmark eye opener Judgment dated 26.9.23 of the Supreme Court of India
- Housing Society – Resolution of General Body to levy compulsory charges on members for cultural activities – Legal
- IBC – Aircraft – Section 14(1) shall not apply to the transactions, arrangements or agreements under the Convention and the Protocol, relating to the aircraft, aircraft engines, airframes and helicopters.
- IGST duty refund Vs. Higher Duty Drawback – Zero rated export
- Immigration & Foreigners Bill,2025 – Introduced in Lok Sabha on 11.3.2025
- Important Beneficial Order of ITAT Kolkata Section 54E of Income Tax Act – Capital Gains – Exemption
- Important decision of NCLAT – NFRA Vs. ICAI on Disciplinary matters of Chartered Accountants –Chartered Accountants Act, 1949
- Important for HT Electricity Consumers
- Important for the Doctors and the Hospitals
- Important PIL to regulate and frame comprehensive guidelines for advertisements by Corporate Hospitals – Supreme Court issued the Notice
- Injunction against enforcement of permanent injunction of Singapore Court against plaintiff from pursuing NCLT petition in India.
- Innovative initiative – Information of historical stepwells on the postcard –
- Insurance – Landmark reforms – Freedom in product development, pricing and governance- – Insurance Products Regulations of 2024 enabling insurers to adopt good governance while designing and pricing the insurance products.
- IRDAI – Cover note of 12.12.2023 on Exposure Draft and inviting comments / suggestions on unification of two Regulations of 2015 and 2016
- IRDAI – Circular dated 3.11.2023 – Account Aggregator – Participation of the Insurance Sector in the next digital innovation
- IRDAI Circular of 21.11.2023 – Clarification of “without delay” for sanctions to Terrorism, Terror Financing & Proliferation Financing means “preferably on the same business day but not later than 24 hours in any case” for Section 12A of WMD Act, 2005 and UAPA 1967.
- IT Act – Govt subsidies, duty drawback, incentives, exemptions and waivers given to projects / industry are income – Finance Act of 2015 – Constitutional validity – Judgment of the Bombay High Court
- Karantaka High Court relief to 85 years old lady senior citizen, who gifted coffee estate to the son, for maintenance of Rs.7 lakhs under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Karnataka High Court – – Important Ruling – Partition deed is not covered under Section 23 of the Senior Citizens Maintenance and Welfare Act 2007 and therefore, cannot be challenged.
- Karnataka High Court – Menace of Unauthorised Constructions – Recent order dated 19.1.2024 – Landmark, Comprehensive, Salutary directions and also to create database for website and use of common stake holders / authorities
- Kerala HC Quashes Criminal Case against Teacher – Distinguished Discipline from Cruelty to Student
- Landmark and beneficial decision for such Professors / Teacher
- Landmark Collaboration -MOU – Post & Amazon reaching people through 1.6 lakh offices
- Landmark initiative – MoU of Department of Social Justice with Legal Services Authority for social justice
- LegalDeli.In Launches Arbitration Services
- Legislation on Right to Health – To my mind, it may be first of its kind in the country and comprehensive –
- LL.B. Degree (3 years course) obtained while in service – Eligibility for enrolment after retirement- Refusal of Bar Council is illegal since it has no right to question the degree certificate
- LMV Driving Licence & Transport Vehicle – Review of 2017 Judgment of the Supreme Court to consider consequences and social issues
- MahaRERA – Comprehensive & salutary Reforms for 2024 – 19 pages consultation paper as per of Section 14(3) of the RERA 2016 for public comments
- Major Reforms – Private Sector in exploration of Mines and Minerals
- Manual Scavenging – Comprehensive Order dated 20.10.2023 of the Supreme Court for implementation of two Acts of 1993 and 2013.
- Mediate and not litigate. The future of mediation in India lies in its ability to impact the social change – Excellent guiding article and story on Mediation by distinguished Dr. Balram K Gupta –
- Mediation – Proposed changes in the Rules of the Bombay High Court – Notification dated 13.12.2023 inviting suggestions by 31.1.2024.
- Mediator Fees – HL Committee Meetings – Govt Procurement contracts above 10 crores
- Metaphor and the Law – Information and Insightful Article
- Motor Accident Compensation Claim
- MOU for Artificial Intelligence – Robotics in Govt Engineering Colleges & Polytechnic –
- MSMED Act – Companies to file return to MCA for non-payment of MSME dues
- National Scholarship Scheme – Students of unaided private schools are ineligible
- NHRC consultation on health insurance for persons with disabilities
- NLU Delhi launches Joint Masters in IP Law and Management (msn.com)
- No distinction between Stone quarrying and Stone crusher to protect environment of Sanctuary
- Notary has no powers to execute marriage / divorce deeds
- Obligation of Children to ensure that parents senior citizens lead normal life with dignity and security.
- Offence of Section 294 IPC – Obscene acts and songs must be at public place – Dancing Girls wearing short clothes and dancing at Banquet hall of Resort is not public place – Offence is not attracted. FIR quashed.
- Offences under Section 123 of the Representation of the People Act 1950 and 171-H & 188 of the Indian Penal Code.
- Online independent system for reservation of beds for poor and impecunious patients in charitable hospitals
- Open Plot – Unilateral Deemed Conveyance for society of composite members – (constructed bungalows and open plot holders)
- Organ donation – Consent of donor before death and consent of relative after death – Conflict – Important issue pending adjudication before the Supreme Court
- Passport – Debtors Recovery Tribunal directions for surrender of guarantor’s passport in recovery proceedings – Illegal
- Passport – Minor daughter – Objection of the father on account of matrimonial disputes
- Pension – Struggle of Hamal of Savitribai Phule Pune University for pension after 30 years of service – Salutary observations of the High Court are “eye opener” for the authorities of Government.
- PG Medical Students entitled to incentive marks for Covid duty in government appointments – Decision of the Madras High Court
- Pioneering and salutary model draft of Legal Audit Act – essential for certification of contracts and business of establishment
- PMRDA & CIDCO – Leasehold lands now Free-hold lands – Government Resolution of 11 Oct 2024
- Primary school record – Corrections of change of caste and date of birth – Rejection of request since the student had left the primary school – Regulation 26.3 of the Maharashtra Secondary School Record permits only corrections of “obvious mistakes” –
- Property Tax – Pune Municipal Corporation – Interesting facts of Amendment Act of 2023 with retrospective effect of 1.4.1970
- QR Code on Trees – Geo-tagging – Important news and article for Nature Lovers, Municipal Councils / Corporations, Activists, Researchers, Schools and the students.
- Quasi-judicial Caste Scrutiny Committee – No powers of review caste validity certificate – Tribe Certificates given in 1992 to 2005 and validated in 2005, 2011 and 2012 were reviewed and invalidated in 2022 – Illegal
- RBI Directions of 26.9.2025 – Streamlining Succession
- Redevelopment of Chandan Cinema in Juhu in the vicinity of defence establishment – Notification of 19.7.1976 – Works of Defence Act
- Report of Cooperative Authorised Officer replaced before its submission is invalid- Bombay High Court
- Report on Road Accidents of 2022 – seven key takeaways of the Report and the statistics are “eye opener” for all of us
- Return of stolen property to the complainant during investigation or trial – Salutary guidelines
- Rights of Persons with Disabilities Act, 2016 – 90% Hearing impairment of the petitioner -No reservation in Recruitment in the Madras High Court – Non-Selection of Sanitary Worker
- Sales Tax dues of an proprietor – Attachment of jointly owned flat
- Salutary PIL – Public Interest Litigation for disclosure of unauthorised construction at the time of contesting elections to local authorities
- SC Cuts NCDRC’s Award of Rs.2 crores for faulty hair cut at ITC Beauty Salon, for lack of evidence
- Scheduled Tribe – Remission of Court fees in Civil and Criminal cases – Cabinet decision of 25.2.2024
- Scholarship to the Scheduled Caste students – direct transfer to their accounts instead of earlier transfer to the accounts of private institutions – Legality of change in Govt policy from 2021
- SEBI’s recent adoption of ODR and SBI Complaint Redressal System
- Second holiday home – you can have – salutary takeaways of SEBI Guidelines allowing Fractional investment and ownership holiday home – you should know
- Section 109 of IPC & Prevention of Corruption Act, 1988- Housewife made co-accused only because assets were purchased by husband in her name.
- Section 16 higher Interest of MSMED Act applies even in adhoc arbitration
- Section 357-A Cr PC – Victim Compensation Scheme – Minor children of victim wife – Husband poured kerosene on the wife for not giving money for liquor and caused her death
- Section 46 of MRTP Act – NOC of Defence Establishment for development within its vicinity – Validity of Circulars – Works of Defence Act 1903.
- Section 50 BPTA – Consent of Charity Commissioner for Civil Suit of Trustees
- Sections 33 & 38 of the Maharashtra Slums Act, 1971
- Senior Citizens Act, 2007 – Annulment of Deeds of Property Gift to the son for denial of basic amenities to the mother
- Senior Citizens Act, 2007 – Petitioners, aged 91 & 84 years approached High Court for directions to the Senior Citizens Appellate Tribunal (Collector) for expeditious disposal of their appeal
- Senior Citizens and Parents – Protection and Maintenance – Order directing the son to vacate the flat and pay maintenance of Rs.5000 per month to the parents – Police aid for Implementation.
- SIM Card – Indisputable verification to eliminate cyber fraud in on line services
- Smart Mirror – Interesting technology and features – Today news article in Sakal marathi newspaper (pune edition)
- Stamp Duty – Property of Public Trust – Market value of property sold in auction – Rule 4 of the Maharashtra Stamp Rules 1995
- Stray dog bite on public roads – Compensation of Rs.10,000 per tooth mark of dog and various directions issued in the Judgment of PH High Court
- Stray dogs & Human – dog conflict – Animal Birth Control Rules, 2023 – Petitions against the animal lover who kept stray dogs in his house – Nuisance to the residents.
- Suit for eviction – Effect of sale of premises by owner during pendency of suit – Order 22 Rule 10 of CPC – Procedure in case of assignment before final order in the suit –
- Summary of Six Judgments dated 17.4.2023 of the Supreme Court of India
- Suspension of Assistant Teacher – Motor accident offences – Illegal – Such offences do not involve moral turpitude – Statute 433-A(3)(A)(i) of Savitribai Phule Pune University
- TDR Certificate for DP Road of 30 mts width used in the land of Coop Housing Society in Bibavewadi Tq Haveli District Pune
- TDS amounts constitute payment – Arbitral Award for Refund to the Contractor – Supplier
- Tender – disqualification of contractor for non-compliance of GST condition in the Tender – illegal – Condition was non-essential and although other bidders did not submit GST returns they were qualified
- Tender – Eligibility Condition of Supply of Sports Kits for last three years
- Tourism Growth Oriented Policy Decision of 11.12.2025 – Additional FSI, Space Utilization and Incentives for Tourism units.
- TRAI – New Directives of 8.11.2023 to end harassment of “Unsolicited SMS messages and phone calls” – Now consent of user is mandatory
- Tree cutting for Ease of Doing Business Vs. Sustainable Development
- UGC – Foreign Universities now in India – Guidelines notified on 8.11.2023.
- Unique & Innovative – Clothes Rental Service by Japan Airlines
- Very interesting facts on answer Key to 4 Questions of Preliminary Examination for post of Civil Judge of Uttarakhand
- Water sports – Entertainment Duty – validity of proviso to Section 3(1) & (5A) of the Bombay Entertainment Duty Act, 1923, as inserted by Amendment Act of 1998, upheld.
- Welfare of Senior Citizens – Salutary decision of Gram Panchayat
- Yeoman service to Women – much needed facility of ladies room in public building
High Court
- “Ghee” is “livestock” product – regulation and sale in the notified market areas – Interesting question – AP (Agricultural Produce and Livestock) Markets Act, 1966
- A Lesson in Due Diligence : Delhi HC on Unregistered Agreement and Arbitration
- A Win for Policy Holder – Delhi HC Restores Arbitral Award against Limitation Clause in Insurance Policy
- Accident – Death of Central Government Employee – If compensation can be reduced for compassionate appointment of daughter
- Accident compensation – Appeal or cross objection of claimant is not necessary for enhancement
- Accident Compensation – Deduction of Medical Insurance amount is not permissible
- Accident Compensation – Learner’s licence of person driving the motor cycle
- Accident Compensation – Allowances with pay package are income
- Accident compensation – Death of Victim disputed in view of Postmortem Report
- Accident Compensation – Income of Maritime Engineer
- Accident Compensation Must Reflect Professional Promise, Not Marks – Bombay HC on Third Year BHMS Student’s Accident Death
- Accountability of Insurer for Delay – Pre-reference Interest
- Addition of Future Prospects to the Accident Claim Compensation is mandatory
- Admission – Dental course – Online Uploading of documents – Lack of connectivity to the portal
- Admission to Engineering College against reserved category and to produce caste validity certificate before cut-off date – Certificate was produced after cut-ff date – Admission was cancelled – Legality
- Admission to MBBS course – Non-creamy layer Certificate obtained on false and suppression of information and true facts.
- Advocates – License for drafting sale-deeds, etc and presentation before Sub-Registrar
- Agreement of 2015 for two years – Arbitration invoked in 2022 for claims 2019 to 2021.
- Algorithms instruments of power – IT Intermediary
- Anti-Arbitration Commercial Suit for permanent injunction
- AP HC – UK Court Order for Custody of minor daughter Not Automatically Enforceable in India
- AP High Court – Commercial Suit – Order VIII Rule 1 CPC – WS filed before 120 days without condonation delay application
- Appeal against order for registration of housing society is maintainable Sec.152 of MCS Act
- Appearance of Advocate in VC hearing in a moving vehicle – undermines judicial process
- Appointment in Railway Protection Force – Denial based on pregnancy
- Appointment of Arbitrator at post-award stage – Duty of the Referral Court is onerous
- Arbitrability – Contract procured by fabricated documents
- Arbitrability and Dispute of Infringement of Copyright
- Arbitrability of Disputes arising out of post-expiry of Franchise Agreement and misuse of Intellectual Property Rights
- Arbitral Award – Claim barred by limitation – Sec.14(1) of the Limitation Act Exclusion of period of earlier proceedings – Patent illegality & Violation of Public Policy- Interference under Section 34 of AA –
- Arbitral Award – Important question – Whether non-obstante clause in Section 18(1) & (4) of MSMED ACt, 2006, override arbitration agreement and venue of arbitration chosen by the parties?
- Arbitral Award – LLP vs. Partners
- Arbitral Award – MSMED Act – Delivery & Acceptance Date
- Arbitral Award – One Award applied in other 9 References and secondly, such an Award for specific performance of the agreement in respect of immovable property without its identity with certainty is illegal
- Arbitral Award – Powers of Executing Court – Unilateral appointment of Arbitrator
- Arbitral Award – Section 34 – One of the challenges was to the order dated 10.10.2022 dismissing application for additional documents after completion of oral evidence and arguments of the claimant.
- Arbitral Award – Contract is voidable at the instance of Contractor – NHAI
- Arbitral Award – GT Engine Damage & Overhauling Claim
- Arbitral Award – Inadequately stamped – Cannot be enforced
- Arbitral Award – Indian Stamp Act – Powers of Executing Court
- Arbitral Award – Interest – Section 31(7)(b) of AA & Section 2(b) of the Interest Act, 1978,
- Arbitral Award – Legitimacy of trading – Absence of prior written consent – NSE Regulations
- Arbitral Award – Service – Delay of five months in collecting copy of the Award – Section 31(5) AA
- Arbitral Award – Unconditional stay – Interplay of two provisos to Section 36(3) of AA
- Arbitral Award based on contractual breaches (failed purchase order) will be upheld unless patently illegal – Bombay HC
- Arbitral Award based on Draft Supplemental Agreement
- Arbitral Award in the nature of money decree – Stay – Interplay of Sections 36(3) and 37 of the Arbitration Act and guiding principles
- Arbitral Award of Arbitrator unilaterally appointed is nullity even if the respondents did not appear and even if no objection is taken by the respondents
- Arbitral Award of Facilitation Council – Limitation – Section 18(5) of MSME Act & Section 29A of AA –
- Arbitral Award on domain name “Harvard” – Important Judgment of the Delhi High Court
- Arbitral Award Quashed – Non-existing Arbitration Agreement
- Arbitration – Application under Section 8 of the AA read with Section 151 of CPC for dismissal of civil suit in view of arbitration clause –
- Arbitration – Section 34(3) – Limitation – Award of Institutional Arbitration – Different dates of receipt of Majority and Dissenting Awards – Calculation of Limitation
- Arbitration – Arbitral Award passed as per the arbitration notice dated 30.10.2018 was quashed under Section 34 in 2023 – Fresh notice under Section 21 is not necessary for invocation of arbitration & appointment of Arbitrator
- Arbitration – Claim for Specific performance – Limitation
- Arbitration – Costs on claimant prosecuting litigation from 2002 to 2024
- Arbitration – Disputes between partners of LLP
- Arbitration – Expiry of Lease Deed
- Arbitration – Interim Award / Order to implead non-signatory respondents to arbitral proceedings – MOU permitted non-signatory to invest in the projects and perform contract.
- Arbitration – Non-signatory party but Respondent Nos.3 to 5 are vertical party to the loan agreement and connected with loan documents & transaction –
- Arbitration – Non-signatory purchaser of property
- Arbitration – Objection to exhibiting documents should be decided then and there instead of postponing.
- Arbitration – Patent illegality in passing Award without deciding questions of fraud
- Arbitration – Preliminary issue of limitation decided on the basis of demurrer
- Arbitration – Principal of business efficacy” to interpret commercial contract
- Arbitration – Seat & Venue – Multi-jurisdictional clauses of the Agreement
- Arbitration – Section 11 – Limitation – Delay of six years in making application for appointment – Whether Section 21 notice or claim for repayment is time barred
- Arbitration – Section 11 – Parties agreed for arbitral institution which insists for its membership – Important question whether arbitral institution can insist for such membership
- Arbitration – Section 17 – Interim stay to the termination of Development Agreements
- Arbitration – Section 34 Petition – Territorial jurisdiction & Section 42 AA
- Arbitration – Section 37 – Question of law can be raised in appeal for the first time
- Arbitration – Service of Award – Requirements of Section 31(5) of the AA
- Arbitration – Termination of License Agreement of SBI Card for its Mobile App – Transition period of 12 months – Interim protection to prevent interruption of services
- Arbitration – Whether new partner of the firm is a necessary party
- Arbitration – Bar of Section 42 – Territorial Jurisdiction
- Arbitration – MSME Registration after conclusion of the contract
- Arbitration – Section 84 of Multi State Coop Societies Act
- Arbitration & Compensation Claim of Employer – Resignation before stipulated period
- Arbitration & MSME Act – services given after registration as micro enterprise
- Arbitration & MSME Act 2006
- Arbitration & MSMED Act – Seat of Arbitration & Exclusive jurisdiction
- Arbitration & Non-signatory successor company of erstwhile lender merged company
- Arbitration Act – Execution of Arbitral Award – Failure of Award Debtor to appear in Court – Important Directions of the Bombay High Court for attachment of Bank Accounts and non-bailable warrant.
- Arbitration Act – Mandate of Arbitrator – Sections 29A(4) and (5) – Court has powers to extend mandate of Arbitrator and extend time retrospectively even after award was passed – Kerala High Court
- Arbitration Act – Section 34 – Appeal – Delay in filing – Mandatory duty of the District Judge to inquire and find out the date when copy of Arbitral Award was received to record finding on delay.
- Arbitration Act – Section 9 interim relief after termination of the Agreement
- Arbitration Act – Sections and 8(2) – Certified copy of the original Award attested by Notary Public fulfills the mandatory requirement to refer the dispute in the civil suit to arbitration – Calcutta High Court
- Arbitration Act – Sections 15, 16 and 29A(4) – High Court’s powers to interdict arbitral proceedings under Articles 226 or 227 of the Constitution of India if Arbitrator wholly lacks jurisdiction
- Arbitration Act, 1996 – Section 34(3) – Delay in filing Section 34 petition – Service of Arbitral Award on the “party” is essential – “Party” does not include “agent or advocate” of the parties.
- Arbitration Agreement – Acquittal of offence under Section 138 of the Negotiable Instruments Act, 1881, since nature of dispute is civil and without approaching arbitrator, complaint is not maintainable.
- Arbitration Agreement – Section 11(6) – Change of employer
- Arbitration and Fall Clause in the agreement to reduce price
- Arbitration cannot be invoked by few members of a housing society
- Arbitration Claim barred by limitation – Powers of Section 34 Court
- Arbitration Clause & Post Decree Disputes – Bombay HC Draws Line
- Arbitration Clause in original contract perishes with it subsequent to the settlement agreement foreclosing earlier contracts between the parties
- Arbitration Costs Award – Principles and Practice – Bombay HC Reduces Costs of Rs.1.6 crores to Rs.25 lakhs .
- Arbitration in abeyance till operation of Moratorium under IBC
- Arbitration of Promoter after Deemed Conveyance
- Arbitration Survives Allegations: Bombay HC on Fraud, Fairness and Finality
- Arbitration Survives Company Governance Gaps : Bombay HC
- Arbitration Survives FIR & Criminal Complaint – Bombay HC Reinforces Limited Judicial Interference.
- Arbitration Vs Criminal Proceedings
- Arbitration Vs. Maritime Claim – Admiralty Act 2017 – Distinction between action in rem and in personam – Interim order for Arrest and Detention of Ship for non-payment of Dues of plaintiff
- Arbitration Win for Seller – Market Escalation & Buyer’s Inaction Proved Decisive
- Arbitrator – Appointment by ad invitum & proviso to Section 12(5) of AA
- Arbitrator – Challenge to his impartiality based on Google Search
- Arbitrator – Legitimacy of Non-Lawyer Arbitrator – Principal of a College
- Arbitrator – Powers to appoint Sole Arbitrator as against Agreement for Tribunal of 3 Members
- Arbitrator – Has no powers to recall & modify Award
- Arbitrator & Principles of Equity in contractual matters.
- Arbitrator Appointment – Joint application or clubbing of applications is not maintainable
- Arbitrator appointment Vs MSMED Act 2006
- Arbitrator Fees – Unilateral fixation and rejection of counter claim for non payment of fees
- Arbitrator Independence and Law Firm Briefings – Limits of Section 32(3) Categories
- Arrest – Grounds given to the father who made complaint against the accused
- Arrest – Non-compliance with section 47(1) of BNSS – Remand is illegal
- Arrest of Woman Accused after sunset – Section 46(4) of Cr PC & Article 21 of the Constitution
- Article 19 is citizen centric & American Social Media Platform cannot seek protection
- Article 36 of the Maharashtra Stamp Act – Stamp Duty on “renewal of a perpetual lease”
- Asiatic Society of Mumbai – Public Research Library of 1804
- Atrocities Act – Section 15A – Rights of the victims and witnesses – Video recording of all proceedings relating to the offences including bail proceedings is mandatory
- Atrocity Act – Bail to the accused without notice to the victim – Illegal – Landmark decision of the Delhi High Court – Appeal under Section 14A(2) of SC & ST Act allowed – Essential to make victim as party in the proceedings.
- Award – Objection in execution petition for non-service of signed copy of the award
- Award of Rs.178 crores lost for Excluding a Necessary Party
- Bank Account – blanket freezing at the instance of police without qualifying amount and perpetually is illegal
- Bank and Pygmy Agents – Application of EPF Act –
- Bank Locker – Son of deceased bank customer seeking information -RTI Act 2005
- Basement godowns converted in Bar Restaurant, liquor shop & gambling den in Pune Cantonment area
- Beyond Formal Equality : Delhi HC on Disability, Appointment, Confirmation and Relaxation
- Biological relatives of adoptive child cannot claim inheritance to the property of adopted parents
- Bobay HC – Change of Ownership Justifies Reassessment of Property Tax & Ratable Value
- Bombay HC – Magistrate has no Powers to Order YouTube Takedowns in Defamation videos
- Bombay HC Clarifies Membership Law – Unregistered Transfers Cannot Confer Housing Society Rights and Ownership
- Bombay HC Quashes Deemed Conveyance – Prior Civil Suit Unconditional Withdrawal Bars Fresh Application of Society under Section 11 MOFA.
- Bombay HC – Arbitral Award Section 84 of the Multi State Cooperative Societies Act 2002
- Bombay HC – Deemed Conveyance – Pendency of the Civil Suit –
- Bombay HC – Delay of 258 Days in Section 11 Petition Condoned under Section 5 of the Limitation Act
- Bombay HC – Doctrine of Severability Applied to Arbitral Claims and to Split the Arbitral Award in Arenel case
- Bombay HC – Employees appointed prior to 31.10.2005 in the partially aided division of 100% aided schools – Old Pension Scheme under MCS Pension Rules 1982
- Bombay HC – FSI Purchase Price Refundable Despiteid Termination of Development Agreement – Section 64 of the Contract Act
- Bombay HC – Interpretation of NRI / OCI Quota in PG Medial Admission
- Bombay HC – Majority Arbitral Award – Mumbai Metro One Project – MMRDA
- Bombay HC – Minority Arbitral Award – Metro One Project & MMRDA – Scope of Powers of Section 34 Court
- Bombay HC – MMRDA & Mumbai Metro One Project – Severance of Arbitral Award
- Bombay HC – Mumbai Cricket Association bound to Arbitration in T20 Mumbai League Dispute
- Bombay HC – Mumbai Metro One Project Arbitral Award – Change of Scope
- Bombay HC – NHAI acquired land – Compensation for easementary loss to petrol pump business
- Bombay HC – No Damages for Defaulting Developer, But FSI Cost Must Be Returned under Section 64 of the Contract Act
- Bombay HC – No Powers of Substantive Review of Deemed Conveyance under MOFA.
- Bombay HC – Non-signatory member of society cannot be forced to arbitration under Development Agreement
- Bombay HC – OC Issued But No Water – Home Buyer Still Gets Interest for Delayed Possession under RERA
- Bombay HC – Rights of third Party purchasers of earlier developer against society
- Bombay HC – Section 10 of the MOFA – Rejection of Application of the Society for Deemed Conveyance – Illegal
- Bombay HC – Section 11 MOFA – Deemed Conveyance – Common Areas, Roads & Gardens
- Bombay HC – Section 127 of MRTP – Deemed Lapsing of Land Reservation
- Bombay HC – Section 154B-5 – Basement & Parking Area outside FSI and Sanctioned Plan
- Bombay HC – Section 17A of the Prevention of the Corruption Act – Cannot Be Misused as shield in Disproportionate Assets Case – Role of Competent Authority is limited
- Bombay HC – Section 85-B of the ESI Act, 1948 – Damages
- Bombay HC – SEZ in Kharadi, Pune – SEZ State Policy of 2001 for Exemption of Taxes – Demand of Octroi Refund to PMC
- Bombay HC – Stock Broker uploaded incorrect PAN details causing inability to pledge shares under MTF and loss to the investor on account of auction of shares by Stock Exchange
- Bombay HC – Title Validity Disputes Beyond RERA’s Jurisdiction
- Bombay HC – Acquittal in bribery case does not guarantee full salary for suspension period – Employer not liable for employee’s bribery prosecution
- Bombay HC – Adoption of Abandoned Child under Juvenile Justice Act & HAMA Ensures Equal Caste Entitlements
- Bombay HC – Arbitral Award by Ineligible Arbitrator Cannot Be Enforced as Legal Decree
- Bombay HC – Arbitration – No damages without Proof of Loss
- Bombay HC – Arbitration Section 11 Petition dismissed, Constructive Res Judicata Applies to AAI
- Bombay HC – Assignment of Leasehold Rights in MIDC Industrial Plot Not Taxable as Service under GST
- Bombay HC – Award for Severance, Loss of Business and Loss of Easementary Rights – Section 3G(5) of the NH Act & Section 37 Arbitration Act
- Bombay HC – Back wages Not Automatic – Require Proof of Employment
- Bombay HC – Bank Must Pay to Illiterate Widow for Negligence in Joint Account Fraud
- Bombay HC – Bombay HC – POSH Inquiry Report carries full weight as Inquiry Report for major penalty
- Bombay HC – Brokerage Agreements are binding and NSE Circular cannot retroactively invalidate them
- Bombay HC – Change in Shareholding by disinvestment is not transfer of land of State Government
- Bombay HC – Charity Commissioner has no power to direct change of Trust Name – Section 70A of the Maharashtra Public Trusts Act – Deletion of the word “National” – Suo Motu Proceedings
- Bombay HC – Circular of 24.1.2023 on Land Acquisition Compensation Invalid
- Bombay HC – Collector’s Powers under MLR Code Affirmed – Gairan Land Validly transferred to MHADA for affordable housing
- Bombay HC – Commercial Suit – Strict 120-Day Limit for Filing Written Statement
- Bombay HC – Composite Contract Doctrine Applied – Arbitration Clause in Retirement Deed Governs Disputes Across Entire Transaction and the MOU
- Bombay HC – Denial of Security Clearance to foreign JV Partner for CIDCO tenders, based on national security inputs, cannot be judicially overturned on ground of arbitrariness.
- Bombay HC – Departmental inquiry must be evidence – based, FIR Registration alone is not sufficient.
- Bombay HC – Developer Cannot Unilaterally opt for Condominium – Cooperative Housing Society Registration by members Upheld
- Bombay HC – Development Agreement – Illegal Termination Does not Guarantee Specific Performance – Upheld Arbitral Award for possession of the trust property to Shri Mahavir Jaina Vidyalaya Trust.
- Bombay HC – Development Agreement Disputes are fully arbitrable – No bar of Small Causes Court Jurisdiction
- Bombay HC – Disability Pension Protects Military Personnel Through Socio-Economic Justice
- Bombay HC – Duty of Diligence on Insurer in Policy Portability
- Bombay HC – Executive Instructions of Circular issued under Rule 44(1)(i) of the Maharashtra Registration Rules cannot override Sections 34 and 35 of the Registration Act, 1908
- Bombay HC – Highway Arbitral Award – Belated Evidence by NHAI Cannot Undo arbitral award in Land Acquisition Compensation case
- Bombay HC – Honesty in Undertakings for Full Disclosure of Antecedents of Blacklisting or Debarment is Non-Negotiable
- Bombay HC – Informal Minutes cannot Alter BOT Agreement Terms in Infrastructure Contracts
- Bombay HC – Interim Measures under Section 9 Arbitration Act and Return of Title Deeds
- Bombay HC – Limits of Interference by University Tribunal in Disciplinary Penalty and Findings of Enquiry Officer
- Bombay HC – Membership Rights are statutory traceable to the MCS Act, Rules and the Byelaws -Cannot be Refused without sufficient cause.
- Bombay HC – MMRDA cannot replace monetary compensation with TDR without consent, for the acquired land.
- Bombay HC – Monetary Claims Cannot Block Membership of Cooperative Housing Society
- Bombay HC – No Escalation & No Claim Clause Cannot Shield Employer’s Breach – Arbitration Award Upheld
- Bombay HC – No Membership of Housing Society Unless “Flat” is in the Sanctioned Plan.
- Bombay HC – Nominee’s Membership in Housing Society Valid – Succession Disputes of Legal Heirs Must Go to the Civil Court
- Bombay HC – Once Section 11 of MOFA is applied, the society must receive the promoter’s actual estate – Leasehold or Ownership under the Development Agreement
- Bombay HC – Ownership of Basement & Parking alone does not qualify as “flat” for membership of a housing society.
- Bombay HC – Pending divorce petition alone cannot deny Widow’s right to family pension.
- Bombay HC – Powerful Precedent for Teachers’ Welfare and Compassionate Interpretation of Medical Reimbursement Scheme for Son’s Illness
- Bombay HC – Prior Sale Deed Prevails Over Subsequent Bank Attachment – Bona Fide Purchaser Protected – Rule 107 of the MC Societies Rules
- Bombay HC – Promoters Allotted Flats in lieu of consideration of Development Agreement Must Pay Maintenance Charges Like Any other Member
- Bombay HC – Protects Developers and Purchasers from Indenitie Revival of Stamp Duty Deficit Demand
- Bombay HC – Purchasers of refuge areas sold as flats cannot claim society membership – statutory safety spaces are non-saleable.
- Bombay HC – Quashes Staggered Salary Payment for Assistant Teacher transferred to aided post in private school
- Bombay HC – Railway Employee Death – Compensation – Valid Railway Pass Ensures Bonafide Passenger Status, Even Off Duty
- Bombay HC – Registered Consent Decree of Civil Court is Binding on Revenue Authority for Mutation
- Bombay HC – Registrar’s Role under Section 154B-27 of MC Societies Act is Enforcement, Not Adjudicationi of Ownership or Membership
- Bombay HC – Registration of a cooperative housing society cannot be cancelled merely because other wings of the project are incomplete
- Bombay HC – Rejection of Application for Deemed Conveyance citing (i) illegible sanctioned building plan and (iii) developer’s lack of title without land owner’s consent, is illegal
- Bombay HC – Returning Revision Memo for Non-deposit Unsustainable – Section 154(2A) of MC Societies ActB
- Bombay HC – SARFAESI Auction Cannot Be Finalized During IBC Interim Moratorium
- Bombay HC – SEBI Circular on Pre-trade Confirmation Cannot Shield Investors from Authorized Trading Losses
- Bombay HC – Section 314 MMC Act – Notice Must Identify Breach of Sections 312, 313 or 313A.
- Bombay HC – Section 35 of the MC Societies Act must be used only in clear cases of destructive conduct, not to suppress accountability.
- Bombay HC – Section 9 – Post-Award Interim Reliefs Must Aid Enforcement of Foreign Award, Not Expand it against Third Party
- Bombay HC – Section 9 Interim Relief Denied to Developer Seeking Profiteering Advantage
- Bombay HC – SRA Grievance Cell Must Mediate, Not Litigate – Mediation Training is imperative
- Bombay HC – Suppression of Insolvency in the tender process amounts to fraud invalidating the contract and consequently the arbitral award.
- Bombay HC – Tender Bid Evaluation is a continuous process culminating in the work order.
- Bombay HC – Termination Disputes Outside Section 91 of the Maharashtra Coop Societies Act – Reaffirms Supreme Court Precedent
- Bombay HC – Termination for Disability while in Service is illegal under Section 47 of the PwD Act.
- Bombay HC – Third Parties Need Not Pre-Deposit Under Section 18 of the SARFAESI Act
- Bombay HC – Unilateral Arbitrator Appointment Invalid – Award Nullity and No Estoppel Applies
- Bombay HC – Writ Court cannot reopen time-barred RERA refund order in view of subsequent SC judgment
- Bombay HC Affirms Eligibility – Linked Electricity Duty Exemption for Mega Projects in JSW Steel case
- Bombay HC Cancels Conveyance of Housing Society for Non-Disclosure and Improper Inquiry
- Bombay HC Clarifies – Section 29A Timelines Do Not Apply to National Highways Arbitration
- Bombay HC Clarifies – Absence of Irrevocability Clause in the Trust Deed Cannot Justify Denial of Renewal of Charitable Trust Registration
- Bombay HC Clarifies – Authority’s findings do not bind Civil Courts in Deemed Conveyance Disputes
- Bombay HC Clarifies Claims for Escalation of Costs and Running Account Bills of the Contractor
- Bombay HC Clarifies Divide – Institutional Arbitration Vs. Unilateral Appointment
- Bombay HC Clarifies Limits of Section 9 in Enforcement of Foreign Award of Singapore Maritime Arbitration
- Bombay HC Clarifies Scope of Section 11 of MOFA – Writ Court Cannot Resolve Ownership Claims or Objections of the Owner to the Deemed Conveyance on the ground of title claims
- Bombay HC Clarity on Deemed Conveyance – Rights of Housing Society over Developer Perpetual Rights
- Bombay HC Clears MHADA Redevelopment – Waiver of Consent of Housing Society Upheld
- Bombay HC confirms closure of hotel and eviction under Section 18(1) of PITA Act without conviction
- Bombay HC Confirms Cost Overrun Claims in Arbitral Award of Interior Contract against Bank of India
- Bombay HC Confirms that the Cooperative Housing Society is not subject to industrial or commercial labour law obligations.
- Bombay HC Confirms Unauthorised Trading and Arbitral Award
- Bombay HC DB Important Judgment on Res Judicata, Narrow Public Policy and Corporate Veil Principles Strengthens Foreign Award Enforcement
- Bombay HC Declines Arbitration Control – Telangana Plant Insurance Dispute
- Bombay HC Draws Line Between Residential and Educational Licenses for the Rent Control Act
- Bombay HC Ensures Compensation for Covid Death of Court Employee
- Bombay HC Equal Pay for Equal Work – Employees of Gram Panchayats absorbed in Municipal Corporation
- Bombay HC Flags Gaps in MSME Arbitral Award – Fabricated Invoices & Post-Dated GST Returns
- Bombay HC Flags IBC Misuse to Stall SARFAESI Enforcement
- Bombay HC Full Bench – Section 127 of the MRTP Act – Purchase Notice – Fresh Reservation in the Revised Development Plan
- Bombay HC Holds Rule 9 of MOFA Rules Overrides Clauses of Developer Agreement
- Bombay HC Invoked Section 144 CPC for Interest on Delayed IGST Refund
- Bombay HC Message to Market Arbitral Tribunals – Arbitral Awards must be evidence-based
- Bombay HC on Arbitral Award in Architecture Bills Dispute
- Bombay HC on Crystalizing Boundaries for Common Layout Land Measurement in Deemed Conveyance of one Society
- Bombay HC on Eligibility for the post of Nurse / Health Worker (Female) – Qualifications of General & Nursing Midwife & B.Sc. (Nursing)
- Bombay HC on Jumpin Dispute : Arbitral Award must be Reasoned, Not Generous
- Bombay HC on Limits of Arbitration Referral in Mumbai Metro Line Dispute of Settlement Agreement
- Bombay HC Protects Cooperative Society Democracy : Supersession of Housing Society Committee set-aside
- Bombay HC Protects Right to File Revision under Sectio 154(2A) of MC Societies Act – Pre-deposit requirement Applies Only to Hearing
- Bombay HC Quashed Rs.200 crores Arbitral Award against Thermax
- Bombay HC Quashes DPC Order, Restores 2024 Seniority list for promotion to the post of Superintending Engineer in Pune Municipal Corporation.
- Bombay HC Quashes GST Demand on Assignment of Leasehold rights of Industrial MIDC Plot
- Bombay HC Quashes Mutation Entry Declaring College Land as Private Forest – Mahindra United World College Case
- Bombay HC Quashes Registrar’s Order Allowing Independent Shop Society without bifurcation of existing society
- Bombay HC Raps PMC – Tree Felling Permission Requires Strict Procedural Compliance
- Bombay HC Reaffirmed that Deemed Conveyance is a Statutory Right of flat purchasers when promoters fail to execute conveyance.
- Bombay HC Reinforces autonomy of flat buyers to form own society in the area of parent society
- Bombay HC Reinforces MOFA disclosures and sanctioned plans govern conveyance scope
- Bombay HC Reinforcing Arbitral Autonomy in Real Estate Development Contracts
- Bombay HC rejects Discharge Plea of Karvy CEO in SEBI Case
- Bombay HC Rejects Enemy Property Claim for want of Evidence
- Bombay HC Restores Elected Trustees – Quashes Administrator Order in Shani Shingnapur Trust
- Bombay HC Revives Arbitral Award against TMC and Restricts Section 34 Court Interference
- Bombay HC Rules – Composite Mortgage Deed for Multiple Loan Agreements Constitute Distinct Transactions for Stamp Duty
- Bombay HC Rules Agreement to Lease of CIDCO Plot Attracts only Agreement Stamp Duty of Article 5 & Not Article 36
- Bombay HC Ruling – Committee of Housing Society cannot Function below Statutory Strength.
- Bombay HC Set Aside Arbitral Award of Rs.2 crores against Stock Broker for ignoring Investor’s admissions.
- Bombay HC Simplified New Promoter Transition for Consent Rule
- Bombay HC Strengthens Insurance Law – Non-Forfeiture Clause Protects LIC Policyholders
- Bombay HC Strikes Down Arbitrary Order for Test Audit of Coop Society
- Bombay HC Strikes Down Denial of Promotion for Higher Scale based on uncommunicated adverse remarks
- Bombay HC to Arbitrator : Stick to the Contract, Not the Committee Minutes
- Bombay HC Upheld Arbitral Award of Rs.7.39 crores on dissolution of partnership firm of developers & rendition of accounts
- Bombay HC Upholds Arbitral Award against HPCL – Termination of Contract Declared Illegal
- Bombay HC Upholds Arbitral Award against Securitrans India in ATM Cash Theft Case
- Bombay HC Upholds Arbitral Award Partly in Mumbai Metro-1 Dispute – MMRDA’s Section 34 Challenge Partly Fails
- Bombay HC Upholds Award of Morya Infrastructure in Road Development BOT Contract Dispute & Toll Collection
- Bombay HC Upholds Binding Surrender of Housing Society Land to Pune Municipal Corporation
- Bombay HC Upholds Disqualification of Housing Society Committee Members for Failure to Supply Documents
- Bombay HC Upholds Estate Officer’s Eviction and Damages Order under Public Premises Act
- Bombay HC Upholds PMC’s Power to Levy Licence Fees on Sky Signs and Hoardings.
- Bombay HC Validates CIDCO’s Cancellation of Vashi Plot Tender in Public Interest
- Bombay HC’s Big Call for Developers & Societies on TDR, FSI, DRC & Registration
- Bombay High Court – Important questions on Sections 40, 41A and 50 of the Code of Criminal Procedure
- Bombay High Court – Order under Section 32(2)(c) of the Arbitration Act is not an award
- Bombay Police Act – Public Entertainment License – Requirement of Parking for Licence to run Video Parlour – Rules of Licensing for Public Entertainment
- Bulk Water Tariff Orders – Godavari River – Classification of Industries for different tariffs.
- Calcutta HC – Maintenance Tribunal Cannot Order Eviction from the Property under the Senior Citizens Act
- Cantonment Area of Pune – Unauthorised Constructions in Red Zone
- Caste Certificate – Jurisdiction of the Competent Authority of place of ordinary residence or place of birth – Rule 5(1) of the Maharashtra Regulation of Issuance and Verification of Caste Certificate Rules, 2021 –
- Caste Scrutiny Committee – Costs imposed by Bombay High Court
- Charge-sheet – Quashing on account of settlement – Cost of Rs.25,000 to the Government Pleader’s Library
- Chronology Matters – Bombay HC on Competing Housing Society Registrations under Section 10 MOFA
- Circular of Goa Government that performance of musical works at ceremonies does not violate Copyright Act is illegal
- Civil Dispute Vs Criminal complaint for breach of contract
- Civil property dispute converted in criminal case – Abuse of court process
- Commercial “Dispute” – Claim against third party and based on tort for damages
- Commercial Court – Jurisdiction – Counter Bank Guarantee governed by Egypt Laws
- Commercial Courts – Jurisdiction – Hotel was not being used for trade and commerce
- Commercial Courts Act, 2015 – Term “Used” including the expression “capable of being used” in Sec.2(1)(c)(vii) denotes “actually used” and it cannot be either “ready for use” or “likely to be used” or “to be used”.
- Commercial Suit – Order XIIIA CPC – Transfer of ITC shares
- Commercial suit against foreign residents – Section 20(c) CPC – Jurisdiction & Private International Law
- Commercial Suit for recovery of fixed deposit from the Bank – Maintainability
- Commercial Suit of Multi-Commodity Exchange of India for recovery – Limitation
- Commercial Use without OC – Bombay HC Says No Relief, No Excuse
- Compassionate appointment – employee bedridden and under medical invalidation
- Compassionate appointment of third born after cut-off date
- Compensation – Accidental Death of retired employee – Deduction of Family Pension is not permissible
- Compensation – Motor Accident Claim – Dependency compensation – IT Returns cannot be the sole basis for determination of compensation under MV Act. Salary Certificate VS Income Tax Return
- Compensation – Assessment, IT Deductions, Allowances & Multiplier – Lessons from the SC Judgment
- Compensation – Claim for Loss of Dependency by major son & daughter not dependent on the income of deceased mother
- Compensation – Pay & Recover – Minor boy driving offending vehicle
- Compensation for damaged car – Tortuous liability
- Compensation for loss on account of domestic services – accidental death of working woman – Important Judgment
- Compulsory Retirement of Junior Engineer – Pune University – Maharashtra Non-Agricultural Universities & Affiliated Colleges Standard Rules, 1984.
- Consultant Doctor is not employee of Private Hospital – TDS Clarification
- Consumer Forum Overreach – Bombay HC Says Not So Fast
- Contract clauses bar claim for damages for loss on account of delay
- Conveyance – Denial for 10 years for non-developement of two other buildings
- Cooperative Bank – Offence under Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999
- Cooperative Housing Society – Required number of members for registration
- Copyright Act – License for sound recordings – Phonographic Performance Ltd
- Covid 19 – Police complaint, investigation and charge-sheet.
- Covid-19 – Insurance under PM Garib Kalyan Yojna for Corona Warriors, Doctors, Health Workers died in Pandemic.
- CPC – Order VII Rule 11 application period does not extend period for filing WS
- Criminal Complaint – Section 24 of the Contract Labour, 1970, against the Bank
- Custom Duty – Interest on delayed Refund is statutory entitlement under Section 27A of the Customs Act, 1962 – Failure to consider the prayer for interest in appeal – matter remanded
- Customs Act – Detention of Imported Goods Without reason or written Order is Illegal
- Customs Act, 1962 – Confiscation & Penalty – Merely because the imported goods can be subjected to an alternative use, this can never be the test to hold that the goods were prohibited – Order is illegal
- Customs Act, 1962 – Section 110(5) – Provisional attachment of bank accounts – Each of the essential requirements to be complied with by the Customs and to pass written order and serve on the bank account holder.
- Cyber fraud without OTP on customer’s mobile – Bank’s liability
- Cybercrime – 35 pre-paid SIM Cards obtained by the accused to cheat people
- De-registration of Apex Association of Housing Societies on the objection of Developer
- De-registration of Cooperative Housing Society – Direction of the Minister to initiate action only based on pendency of a title civil suit – Section 21A of the MCS Act, 1961.
- Deemed Conveyance – Agreement Vs Rules 9 and 11 of MOFA Rules 1964
- Deemed Conveyance – Dispute between landowners and Developer
- Deemed Conveyance – Unauthorised Construction of three floors by Developer
- Deemed Conveyance – Authority has limited jurisdiction – No power to consider validity of documents.
- Deemed Conveyance & Civil Suit
- Deemed conveyance Certificate – Authority has no powers to correct area by corrigendum
- Deemed Conveyance Certificate – Exclusion of Recreational ground and internal roads
- Deemed Conveyance Certificate – Third application without challenging rejection of earlier second application
- Deemed Conveyance Certificate & Full Development and utilisation of additional FSI
- Deemed Conveyance Certificate Vs earlier consent decrees between the parties
- Deemed Conveyance for a part of the society land from undivided larger plot
- Deemed Conveyance for ownership – Agreement for leasehold rights to Society
- Deemed Conveyance for the property of an individual owner in Society building
- Deemed Conveyance, Appurtenant & Common Area and Recreational Ground
- Defamation – Damages – Newspaper publication of an inquiry report against a Senior Judicial Officer with incomplete facts – Costs of Rs.10 lakhs was imposed – Important and salutary observations of Karnataka High Court
- Deficit Stamp duty – Property affected by CRZ-II and tenancy related encumbrance
- Deficit Stamp duty & Penalty – Property in Ambey Valley in Court Committee in auction
- Delay in Filing Documents Does Not Extinguish Insurance Claim
- Delay in giving possession of flat – Delay in filing appeal before NCDRC
- Delay of 14 days in filing Section 34 Arbitration Petition – Interesting facts and important question of law
- Delhi HC – Arbitral Award – Insurance – Double Deduction
- Delhi HC – Arbitral Award of Mesne Profits Cannot Rest on Guesswork
- Delhi HC – Pandemic Exclusion Preserves Arbitrator Mandate – UOI’s Challenge to arbitral award Dismissed
- Delhi HC – Arbitral Award -Clarifies on Rules of Appropriation First for Interest before Principal
- Delhi HC – IIM Jammu, a beneficiary, funding & supervisory authority, cannot be impleaded to arbitration without privity of contract or arbitration agreement
- Delhi HC – LD Clause survives despite extension of time
- Delhi HC – Repeated Defective “Re-filings” on 14 times Do not Extemd Limitation of Section 34
- Delhi HC – Section 21 Arbitration Notice is Procedural & Signal commencement of Arbitration – Need Not List All Claims
- Delhi HC – Section 9 Relief Ancillary, Not a Substitute for Specific Performance
- Delhi HC – SIAC Injunction Order Persuasive, Not Enforceable in India
- Delhi HC Affirms Maintainability of Section 9 Arbitration Petitions Amid Parallel Proceedings
- Delhi HC Clarifies “may” vs “shall” test for binding arbitration
- Delhi HC on CA Certificates Vs Proof of Expenditure in arbitration
- Delhi HC on Powers of Section 34 Court to examine limitation of Arbitral Claims
- Delhi HC Upholds Arbitral Award – Liquidated Damages Require Delay Attribution Proof & Verification – Clause 27 of the Contract of IRCON and AFCONS
- Delhi HC Upholds Rs.33 crores Arbitration Award in Valley Iron & Steel Flood Damage Insurance Claim
- Demurrage Denied – Bombay HC Upholds Limitation Bar in Charterparty Dispute
- Detention at Airport Immigration Office on look-out notice is arrest for section 48 BNSS
- Developers Win as Karnataka HC Scraps RERA Delay Fees Circular
- Development of Basic Amenities in Municipal Areas – Policy decision to give State subsidy – Change of legislative constituency from one to another for execution of such works – Illegal
- Dignity and modesty of a woman must be protected from all forms of defamation.
- Dignity First – Maharashtra 15.12.2025 GR Secures Senior Citizens in Housing Redevelopment
- Disabilities Act – Approach and Attitude of the State
- Disability Act 2016 – Rights should not merely remain on statute book – Spirit of legislation must be applied by all authorities in practical application with sensitivity and flexibility.
- Disciplinary Enquiry – Charge sheets issued before retirement but served after retirement – legality
- Discontinuation of Contract abruptly before expiry of period & without giving any reason
- Dispute of refund of cancelled air tickets is not commercial dispute
- Disputes of Eviction from Airport Premises Not Arbitrable
- Disputes relating to redemption of mortgage are not arbitrable
- Disqualification – Managing Committee Member having more than two children
- Domestic Violence Act – Acts of domestic violence for grant of maintenance and compensation –
- Domestic Violence Act – Objective of the Act is a measure of social justice applicable to each woman – Dismissal of Complaint in default for non-appearance of wife on a single day –
- Domestic Violence Act and Senior Citizens Act – Interplay of rights of senior citizen and daughter-in-law
- Duty of Traffic Supervision at Bus Depot is Frontline Duty under COVID-19 – Bombay HC Holds MSRTC Employee entitled to Ex-gratia Compensation
- DV Act – Proprietary rights Vs Women’s Rights as part of Human Rights
- E-post Service of Court Summons / Notices – Bridging Digital Divide
- Election Code of Conduct – Suspension of activities – Maha Building Construction Workers Welfare Board
- Electricity – Unit of Drug Manufacturer – If Commercial or Industrial tariff is applicable
- Electricity – Mahavirtaran Amnesty – Payment of 100% theft amount by auction purchaser
- Electricity Act 2003 – Distribution Franchisee applied by the Central Shopping Mall for its shops – Challenge to the Final assessment order under Section 126- in writ petition – Efficacy of alternate remedy of Section 127
- Electricity Act Overrides Arbitration Act –
- Electricity Act, 2003 – Whether a Lessee or occupant is a “consumer” Sections 126 & 127 – Important Question decided by Bombay HC
- Employee right to travel abroad – Denial of Permission – Pendency of Inquiry – Illegal
- Employment disputes of lock in period are arbitrable – Arbitration Act, 1996?
- Enforceability of Non-solicitation of Master Supply Agreement after termination & Section 9 of AA
- Entertainment duty on Cinema Award function & Penalty –
- Entry (X) Visa & Blacklisting of Foreign National Spouse of Indian Citizen – Section 3 of the Foreigners Act, 1946
- Environment – Post facto CRZ Clearance – Legality of OM dated 19.2.2021
- Equal Remunerations Act – Violation by service provider -Criminal Complaint against Chairman of Wipro
- Equitable Mortgage – Importance of Deposit of Title Deed for Priority between two Mortgages
- ESI Act 1948 – Bakery – use of fridge for storage if amounts to manufacturing process of bread
- Eviction – Landlord – Member of Armed Forces Maha Rent Control Act
- Express agreement in writing to waive unilateral appointment of Arbitrator is mandatory
- Expulsion of the student -MNLU Mumbai – Reduction of punishment and community service
- Extinguishment of claims after approval of IBC Resolution Plan and Termination of Arbitral Proceedings.
- FIR – Offence – Section 31 of the DV Act – Order for maintenance, residence and compensation
- Foreign Father’s Immigration status on the date of birth of child in India is decisive for minor’s passport
- Foreign Social Media – No Fundamental Rights – Karnataka HC favours Government’s Online Oversight
- Foreign Trade – Ban on export of non-basmati rice –
- Forfeiture of Gratuity of Bank Regional Manager – Bombay HC
- Fraudulent Siphoning Off Shares of Investors – Misuse of Power of Attorney by Stockbroker – Liability of CDSL as Depository
- From Arrears of Previous Owner to Admission of new Member in Housing Society – Bombay HC Ruling
- From Goa to Interpol – Aadhar Card Trail of Foreign National Faces legal Heat
- From Tweet to FIR – Not Without Due Process & Prior Inquiry
- From Tweet to FIR – Not Without Due Process & Prior Inquiry
- Full Bench Reference on GST Single SCN for Multiple Years
- Gender Bias – Obtaining Maiden Surname in the record – Notification of GOI to submit either divorce decree or NOC from the husband
- German Visa – Refusal for non-compliance of section 5 of Special Marriages Act
- GoM – Policy Decision to Shift Burden of Land Acquisition from Compensation to TDR Incentives.
- Google – Patent “Managing Instant Messaging Sessions on Multiple Devices – Lack of inventive step – Not entitled to grant of patent – Google had presented wrong facts and also failed to disclose information
- GR dated 4.7.2019 is not statutory and does not override the autonomy of cooperative housing societies.
- Graduate Pay Scale to Subject Teachers of RTE Act
- Green belt Zone – Mutha river – Illegal structures – Right to Regularisation
- GST – Cross-empowerment -CGST Act & Tamil Nadu GST Act – Petitioners assigned to State GST but proceedings initiated by Central Authorities or vice-versa – Absence of Notification under Section 6 of the Act.
- GST – Major Relief to Holding Companies – Interim Stay of PH High Court to GST on Corporate Guarantees
- GST – Notice for audit valid even after de-registration
- GST – Sections 74, 122(1A) and 137 of CGST 2017 – Notices to the employees of Agent /group company of foreign Shipping Company and demand of Rs.3731 crores with penalty since the employer wrongly availed ITC amount.
- GST – Arrest in old matter – detention beyond 24 hours
- GST – Development Agreement – Clause 5B of Notification dated 28.6.2017 – services by way of development rights or FSI for construction of a project
- GST – Goa University – Educational activities – Affiliation Services to constituent colleges
- GST – Interest on delayed payment of tax refund – Section 56 of CGST Act
- GST – Transportation of imported machinery from JNPT to own factory is not “supply”
- GST Not Leviable on Arbitral Award Settlement Payment
- GST Registration – Cancellation with retrospective effect from 1.7.2017 – Show cause notice of 7.10.2022 for failure to furnish returns for a continuous period of six months – Delhi High Court
- HC can appoint Arbitrator if mediation is not initiated under MSMED Act
- HDFC Bank – Complaint of harassment by the borrower to the Minority Commission
- HDFC Employment Contracts Jurisdiction in Mumbai Courts – Suit against termination filed in Nagpur Court – Maintainability
- Housing Society cannot levy maintenance or service charges as per area of the flat – Cooperative Court
- Housing Society Maintenance Dues Enforceable against Developer – Title Dispute Not a Shield
- Housing Society NOC for Consolidation of Flats
- IBBI – Resolution Professional – Show cause notices & Suspension of Authorization
- IBC – Circular dated 28.9.2023 of IBBI whether clarifies “liquidation costs” in Regulation 4(2)(b) of IBBI (Liquidation Process) Regulations, 2016 or in effect makes amendments?
- IBC – Code does not relate to the insolvency resolution of individuals and partnership firms – HELD that Section 95 petition even at the stage of filing is not maintainable and NCLT has no jurisdiction.
- IBC – Operational Debtor – Dues not disclosed by the CD and also not obtained by IRP / RP.
- IBC & Negotiable Instruments Act – proceedings – Distinction
- IBC Not Recovery Tool – Bank Claim Lies Before DRT
- IBC Versus Slum Development – Petition of Resolution Professional – Landmark judgment of the Bombay High Court
- IIT Bombay – Non-Renewal of Contractual Appointment
- Illegal arrest & custody – Inquiry of Police and Compensation of Rs.25,000/-
- Illegal Arrest, Remand and Custody – Section 58 of BNSS 2023
- Illegal construction of community hall on reserved land for playground – Illegal permission by MHADA & BMC – Inquiry
- Illegality of unauthorised structure of reputed school is incurable
- Impartiality Requires More than Prior Views of Arbitrators – Rules Delhi High Court
- Income Tax – TDS from compensation of acquired land – Illegal
- Income Tax Immunity of Land Acquisition Arbitral Awards
- Insurance – Compensation – Cancellation of policy prior to accident – Onus on the Insurer to produce documents and prove cancellation for dis-honour of cheque and intimation to insured prior to the accident
- Insurance – Ombudsman Award – Implementation by Insurer – IRDAI Notification of 25.4.2017.
- Insurance – Policy issued on receipt of cheque and subsequently dishonoured but vehicle ply on road without valid insurance – HC found that 2002 Notification of Online mode of payment of insurance premium kept in the dark
- Insurance – Repudiation of Claim – Transfer of vehicle – Section 157 of the MV Act
- Insurance – Repudiation of Claim for loss due to floods on the ground of fraud
- Insurance – Section 66(3)(i) of MV Act – Statutory exemption to the insured offending vehicle of goods auto rickshaw to have permit -Does not amount to violation of policy conditions?
- Insurance – Compensation – Pay & Recover Principle – Exception
- Insurance – Death due to sudden cardiac arrest during Covid-19
- Insurance – Stock Valuation – Reports of Surveyor Vs Audit
- Insurance Policy – Renewal – Dishonour of cheque by the Bank although sufficient balance in the account but for non-linking MOD with account – Deficiency in Service –
- Insurance Policy for the thermal power plant – Initial Report of Insurer Surveyor Vs. Subsequent Report of Independent Surveyor and subsequent addendum report of Insurer Surveyor
- Interest at 38.85% under Section 16 of the MSMED Act granted under Ad-hoc Arbitration is legal.
- Interest on retiral benefits – Doctrine of restitution from due date when Employee exonerated in disciplinary inquiry
- Interest on withheld Gratuity on acquittal in criminal case – Sections 7(3A) and 14 of Payment of Gratuity Act 1972
- Interim Relief & Development Agreement Terminated by Society
- Investor Disputes – Bombay HC Quashes Arbitral Awards of NSE, BSE & MCX
- Invocation of Arbitration Not Consent for Appointment
- IPL -Royal Challengers Bengaluru – Prayer to ban advertisement of Sunrisers Hyderabad Cricketer Travis Head
- IT Act – Rebate of Section 87A – Online filing of Return – PIL by Chamber of Tax Consultants
- ITAT Mumbai – Redevelopment & Income Tax – Multiple Floors in new Building Still One House for Section 54 Exemption
- Judges (Protection) Act, 1985 applicable to the Tahsildar acting as Revenue Court under the Land Revenue Code – Criminal prosecution for order of mutation order illegal
- Justice for Every Pothole Death: Bombay HC Orders Rs.6 lakh Compensation
- Justice for Frontline Heroes – Insurance Benefits Restored by the Bombay HC
- Justice in Milli-meters – Bombay HC rounded height criteria to higher stage for Armed Forces Entry
- Justice over Limitation – Stamp duty refund – failed Foreign Investment
- Kabaddi Player -Cancellation of eligibility certificate granted earlier
- Karnataka HC – Arbitral Claim – Extension of Limitation – Section 18 of the Limitation Act
- Karnataka HC – Arbitral Award – time barred claim – Section 43 of AA and Sections 3 & 18 of the Limitation Act
- Karnataka HC says that the LLP disputes must go to Arbitration by default.
- Kerala HC Quashes Criminal Case against Teacher – Distinguished Discipline from Cruelty to Student
- Landmark judgment – Interplay of Cr PC & BNS – Dementia – Duty of the Court
- Landmark Performance Audit Review of Slum Act
- Lease Agreement – Whether for residential or commercial use – Doctrine of Blue Pencil
- Legal Aid to litigants – Fees of Advocates -Maharashtra Legal Services Authority
- LIC Insurance claim – Repudiation – Suppression of Material Facts
- Limitation – Online Filing of Appeal – Deficiencies of physical copies etc; complied with after limitation – Rejection of appeal on the ground of limitation is illegal – Section 107(1) and (4) of the Act
- Limits of Seizure of Immovable Property by Police – Section 102 Cr PC & Section 4 MPID Act
- Local Body Tax – Appeal – Pre-deposit of “disputed tax” – Scope of – Section 406(8) of MMC Act
- Loss of Profit- Evidence Vs. Guesswork for Damages
- Madras HC – Arbitral Bias of Co-Arbitrators & Principle of Poisoning the Well
- Madras HC – Doctors Not Bound by Corporate-style Non-compete clauses in the professional agreement of the Hospital
- Madras HC Protects Doctor’s Independence – Arbitration Petition of Hospital Rejected
- Maharashtra Land Revenue Code, 1966 – Section 48(7) – Unauthorised exacavation of earth for sewerage pipeline network of Thane Municipal Corporation – Penalty and royalty charge
- Maharashtra Pollution Control Board cannot issue binding circular outside the statutory frame work.
- Maharashtra Public Trusts Act, 1950 – Interplay of Sections 33 & 36(1)(a) – Permission for sale of immoveable property of Osho Trust in Pune & Order for special audit
- Maharashtra Stamp Act – Stamp Duty & Development Agreement –
- MahaRERA – Powers to Cancel Registered Agreement at the Instance of Promoter
- Maintenance – Charge on husband’s property – Sec.39 of TP Act
- Maintenance – Section 125 Cr PC – Deductions of LIC premium, Home Loan, Payment of Loan for purchase of land are not permissible in law – Allahabad High Court
- Maintenance – Waived under the consent terms of Divorce – Bar of Section 125(4) of Cr PC if wife is living separately by mutual consent
- Maintenance – DV Act – Filing of affidavit declaring Assets and Liabilities by spouses is for to determine interim maintenance by the Court and not after application was finally adjudicated
- Majority Rules, Legally – Bombay HC Upholds General Body Supremacy in Housing Society Resolution
- Mandate of earlier Arbitrator terminated for abandonment of arbitration – Section 11 cannot be used to re-start fresh arbitration at the instance of such a party – Bombay HC
- Marine Hull Insurance Policy – Breach of Warranty – Repudiation of claim & Policy Cancellation
- Maternity Leave – Employee has more than two surviving children
- MBBS – Denial of admission for non-payment of five times more fees than regular fees of first year
- MBBS Admission – State of Goa – Physical Residence for 10 years
- MBBS Course – PwD quota – Eligibility of Student disability for admission
- MCX Commercial Suit Dismissed – Bombay HC Imposes costs of Rs.20 Lakhs for Procedural Abuse
- Medi-Claim Policy – Cancer – Ceiling on expenses of injections
- Medical Re-verification of Disability of Govt. Employees
- Medical Reimbursement – Denial for treatment in OPD for chronic kidney disease – Illegal
- Medical Reimbursement under CGHS for Heart Transplant at the private hospital – Central Govt Pensioner
- Medical Student’s Future is not Fiction : Bombay HC Awards Realistic Accident Compensation
- Membership of Coop Housing Society to legal heir of deceased member – Relinquishment Deed
- Membership of the Housing Society for Auction Purchaser
- Milton JV AAward Quashed for Perversity by Bombay HC
- Minor Child – Habeas Corpus Petition of father for custody & repatriation to USA
- Minor mineral – Earth excavated and re-deployed in the same land is not subject to royalty and would not attract wrath of Section 48(7) of the Maharashtra Land Revenue Code, 1966
- MOFA Vs Slum Act Vs MHADA land and Slum Scheme
- Moratorium of US Bankruptcy Court not applicable in India
- Motor Accident – Low Vision Vs. Blindness – Claimant MBBS doctor
- MPID Act – Invalidation of Undervalued Asset Sale
- MPID Vs. SARFAESI Acts -Preferential Right to Secured Assets
- MSME Act 2006 – Works Contract – Reference to Arbitration
- MSME Arbitration – Bombay HC Flags Lapses of Fabricated Invoices & Post-dated GST Returns
- MSMED Act – Section 18 – Claim for recovery of loan – Registration for financial activity under the MSMED Act is necessary for Felicitation Council to entertain and decide the claim –
- MSMED Act, 2006 – Arbitral Award – Section 34 Petition – Delay – Section 14 Limitation Act
- NA permission – Condition for use of road for adjacent owners of lands
- National Highways Act – Section 3D – Relevant date for Interest on enhanced compensation
- Nature of Proceedings before LAAR under Act of 2013
- NCDRC Affirms Housing Society as “Consumer” under the Consumer Protection Act
- NDPS – Bail – Involvement of accused no.2 in view of statement of accused no.1 under Section 67 of NDPS Act. No possession or recovery of contraband from applicant-accused no.2
- New College – Permission – Maharashtra Pubic Universities Act, 1960 – One of the grounds for grant of new college to Respondent Nos.6 to 8 was that comparatively the petitioner is a new institution – Salutary observations of the High Court for assessment of such proposals
- New Electricity connection to new owner for property purchased in SARFAESI auction – Refusal for non payment outstanding dues of previous owner
- New Law college at a location not covered by the University perspective plan
- No Consideration, No GST on Corporate Guarantee
- No Hearing, No Justice – HC Rebukes Drug Production Ban
- No Nexus with Offence, No Freezing of Bank Accounts
- No Second Bite in the Cherry – Bombay HC Strikes Down Second Application for Deemed Conveyance After Rejection of Initial Application.
- No Shortcut to Custody – Bombay HC Penalizes Police for Illegal Arrest Bypassing Due Process
- Nomination of mother for Provident Fund and Widow for other retiral benefits of employee
- Nominee Vs. Legal Heir – Section 39 -Insurance Act, 1938 (Amended in 2015)
- Non-Bidder PILs – Not Maintainable – Amounts to Proxy Litigation.
- Novation of Contract – Liablity of guarantors to repay loan – Temporary overdraft – Extension of time to repay without consent of the guarantors – Section 133 of the Contract Act.
- Occupancy Certificate withheld for six years by the CIDCO – Highhanded action
- OCI Card – Rejection of application by FRRO– Citizenship Act, 1955
- Offences – Manufacture of fake garments using Puma label – Copyright Act & Trademarks Act.
- One Building, One Society – Shops Cannot have separate Society without legal division – Rules Bombay HC
- Online Real Money Games – Restrictions of Time, Monetary Limit, Age Restriction or Aadhar verification
- Open Distance Learning and Online Programs – UGC approval
- Order Refusing Registration under FCRA 2010 Must Give Reasons
- Order under Section 23(3) of Arbitration Act – Whether an interim Award?
- Outraging modesty of woman – Quashing of FIR – Unique condition on the petitioner to assist Delhi Traffic Police for 30 days
- Overseas Travel Insurance Policy – Exclusion of expenses incurred on treatment in India
- Parents of deceased “unmarried” employee are eligible for pension – Rule 116(16)(b) of the MCS (Pension) Rules, 1982
- Parents to pursue son’s petition for annulment of marriage after his death
- Passport – Refusal to renew in view of pendency of criminal case – Illegal
- Passport – Pendency of case registered under Section 15 of the NDPS Act.
- Passport –Indian citizen minor child of 16 years having custody with mother of a foreign national.
- Payment for Suspension of Consultancy Attributable to NHAI
- Pension Cannot Be Withheld for Section 138 NI Act Conviction
- Permanent disablement in accident while on duty – Adjustment of leave salary against compensation under Employees Compensation Act 1923 – Railway Services (Liberalized Leave) Rules, 1949 – Rights of Persons with Disabilities Act, 2016.
- PIL – Mis-utilization of funds of Rs.98 crores by Agriculture Produce Marketing for construction of 5 star hotel on its land earmarked for market yard
- PIL of journalist against Borivali Thane Twin Tunnel Project
- PMLA 2002 & of IBC – Interplay between PMLA attachment of assets of corporator debtor and immunity under Section 32A of IBC once Resolution Plan is approved.
- Police Head Constable – Absence from duty due to transfer – Salary for Non-joining at the place of transfer
- Politics Vs Public Good of Slum Redevelopment
- Pollution – Solid Waste Management -Sustainable Development Fee on Tourists on the lines of Bhutan – Salutary efforts of HP High Court to make Shimla as model town and to make solid waste management sustainable in the State.
- PPF – Three accounts (one of major & two of minor) – Ceiling
- Prayer of NRI to appear before EOW through Video Conference for statement in MPID case
- Primary Teachers – How to ensure attendance in the school – Use of Technology
- Probation – Continuation for 6 years without confirmation shocks judicial conscience –
- Probationer – Deemed Confirmation – Termination – Stigmatic
- Promoters Cannot Obstruct or Object Deemed Conveyance of Housing Society -Bombay HC
- Promotion to the Post of Law Officer of Municipal Corporation of Greater Mumbai – Petitioner although senior Deputy Law Officer was denied promotion
- Protection of NSE from Online Impersonation
- Public Prosecutor – Mah.Govt.Servant Marathi Language Examination Rules 1987 – Increment given even without passing the examination in stipulated period – Legality of action for its recovery at fag end of retirement
- Public Trust registered under the Maharashtra Public Trusts Act, 1950, receiving State grant and running educational institution – Whether “Public Authority amenable to Right to Information Act, 2005.
- Pune City – Important questions raised in PIL are pending consideration of the Bombay High Court to save Pune City from the builders and eliminate the problems of traffic, garbage, drinking water, etc.
- Pune University Registrar’s Appointment Challenge Dismissed
- Quashing of Criminal Case – Prevention of Corruption Act & IPC – Sanction to prosecute After Retirement
- Quashing of FIR on settlement between the complainant & accused – Condition to plant 50 samplings OR to pay Rs.25,000 to the Delhi State Legal Services Authority
- Railway – Prosecution of male passengers travelling in female compartment
- Recovery of Housing Society’s Dues – Registrar’s Duty is Not Optional
- Recruitment – Online Option for consideration from female category- Care to be taken by the candidate – Bombay High Court
- Redevelopment – Hurdle of objecting two members – Interim relief to solve stand-off
- Redevelopment – Plight of Tenants – Coercive demand of property tax for failure of Developer to obtain OC
- Redevelopment – Developer & IBC – Classic impasse for permission – Society dilapidated building
- Redevelopment – Refusal of further permission only because the public road is less than 9 mts –Does it mean that the owner should on his own widen the public road to minimum width of 9 meters. Interesting case and facts as to how the authorities think and act against the public interest in redevelopment.
- Redevelopment – Slum Area – Eviction of Slum Dwellers
- Redevelopment – Termination of appointment of Developer – Interim Injunction
- Redevelopment – Transit Rent paid by the Developer / Builder is not liable to TDS – Section 194(I) of the Income Tax Act, 1961
- Redevelopment Dispute – Termination – New Developer & Injunction
- Redevelopment of 11.20 acres land in Sion Koliwada, Mumbai by MHADA through Tender
- Reference by the Civil Court to Arbitration – Allegations of fraud & false documents
- Refiling of Section 34 petition after removal of defects is Fresh Institution
- Registered Post Vs Receipt – Section 138 NI Act Notice – Limits of Section 27 GC Act presumption
- Rejection of Technical bids of Tenders for Navi Mumbai Airport Infrastructure Works – Illegal
- Removal from Service for absenteeism – Whether entitled to Compassionate allowance
- Rent as per Ready Reckoner – Renewal of Lease of Government land
- Report of Cooperative Authorised Officer replaced before its submission is invalid- Bombay High Court
- Repudiation of Claim -Treatment of cancer – Suppression of material facts and daily alcohol drinking
- RERA – Joint Liability of the Promoters even if home buyer had paid amounts to one of the promoters – Order of the MahaRERA Appellate Tribunal for refund by both the promoters – Legality
- RERA – Goa – Appointment of Member in Breach of recommendations of the Selection Committee
- RERA Act – Home Buyers – No bar to claim Interest claimed after taking possession of the flat – Relief to the home buyers
- RERA Act 2016 – Obligation of the promoter to deposit of amount awarded by the MahaRERA in the Appellate Tribunal – Mandate of proviso to Section 43(5) to entertain appeal of the promoter
- Retail Trade outside purview of Section 7 of MSME Act 2006
- Retirement – Inquiry initiated after ten years & withholding of retirement benefits
- Return of stolen property to the complainant during investigation or trial – Salutary guidelines
- Rights of Persons with Disabilities Act– Transfer of differently-abled employee
- Rights of Persons with Disabilities Act, 2016 – 90% Hearing impairment of the petitioner -No reservation in Recruitment in the Madras High Court – Non-Selection of Sanitary Worker
- RTI – Disclosure of Marks at the recruitment – Transparency
- Rule 3A of the BHC Appellate Side Rules, 1960 – Jurisdiction of the Kolhapur Circuit Bench
- Rules 32 and 81 of the CMV Rules, 1989 – Additional fees for delay in renewal of driving licence, registration certificate, delay in giving NOC – Constitutional validity –
- Salt – Substandard – Penalty under FSSI Act, 2006
- SARFAESI Act & MVAT Act – Ranking of priority and first charge on secured – Conflict of Section 37 of MVAT Act with Section 26E of SARFAESI Act.
- SC Clarified that Section 15(2)(3) and (4) must be read together; substitution of arbitrator preserves continuity and prior proceedings remain valid.
- SC Clarifies Scope of Pre-Existing Dispute for Section 9 IBC
- SC Protects Theatre Rights Against Distributor Cartels – No More Ban
- School Transfer Certificate – Retention for non-payment of school fees –
- School Tribunal – Maintainability of Appeal against Grant of Higher Scale of Trained Teacher – Section 9 of MEPS Act
- Section 10(46) of Income Tax Act, 1961 – If NOIDA entitled to exemption
- Section 109 of IPC & Prevention of Corruption Act, 1988- Housewife made co-accused only because assets were purchased by husband in her name.
- Section 11 – Appointment of Arbitrator – Disputes of Partnership
- Section 11 of MOFA – Unilateral Deemed Conveyance – Whether it can be made subject to the right of way to the adjoining plot?
- Section 11 of MOFA Act, 1963 – Deemed Conveyance as per terms of Agreement
- Section 11 of the Arbitration Act – Reference – Limitation – Third Party
- Section 11(6) of AA – Powers of Referral Court to decide Arbitrability of Disputes
- Section 11(6) of AA – Exclusion of time taken for settlement from limitation
- Section 12 of the DV Act – Widow has right to reside in the shared household & matrimonial home
- Section 125 Cr PC – Interest on Maintenance & Arrears
- Section 125 Cr PC – Maintenance to a woman who is not legally wedded wife but living with a person as wife and husband for long period – Madhya Pradesh High Court
- Section 12A -Commercial Courts Act – Legal notice for mediation
- Section 13 of the Commercial Courts Act, 2015 – Powers to condone delay
- Section 13(2) of Slum Act – Termination of Developer after 31 years
- Section 133 of Cr PC – Stone crushing plants near Atul Setu
- Section 138 of NI Act – Cheque of Foreign Bank payable in UAE currency – Transaction in UAE – Cheque presented in the ICICI Bank in India, dis-honoured and complaint filed in Court in India –
- Section 14(1)(a) – Arbitration Act – Termination of mandate of Arbitrator
- Section 148 -NI Act – 20% payment pending appeal against conviction
- Section 148 of Income Tax Act – re-assessment notice to the non-existing company
- Section 154B-13 of the MC Societies Act – Mandatory Duty of the Housing Society to transfer shares and admit nominated person as Member
- Section 154B-29 of the Maharashtra Cooperative Societies Act, 1960 – Certificate for recovery of maintenance against legal representatives – Maintainable
- Section 16 higher Interest of MSMED Act applies even in adhoc arbitration
- Section 17 AA Interim relief Not Automatic in Redevelopment Arbitration
- Section 18 of MSMED Act – Council has powers to decide question of its jurisdiction
- Section 18 of RERA – Can home buyer withdraw from the project after OC
- Section 18 of the MC Societies Act – Division of Societies
- Section 18 of the SARFAESI Act is mandatory for appeals to DRAT, irrespective of whether the order challenged is final or procedural.
- Section 19 of MSM Enterprises Development Act, 2006 –
- Section 19(3) AA – Powers of Arbitrator to allow withdrawal of a claim to file a fresh claim.
- Section 199A of the Motor Vehicles Act & Offence by Juvenile created is sui generis.
- Section 206(4) of the Companies Act, 2013 – Essential ingredients
- Section 217 Companies Act & Criminal Prosecution
- Section 21A of MCS Act – Purchasers – No locus standi to challenge registration
- Section 22(2) of MC Societies Act – Membership of Housing Society on the basis of Purchase of Basement & Parking Area
- Section 27 of the Contract Act – Termination of contract – Interim Injunction in Section 9 AA petition
- Section 28 of the MCS Act – Purchase of Five Bungalows by the Company in the Housing Society
- Section 29A does not provide extension of mandate of Arbitrator after the award is passed
- Section 3-D of the National Highways Act, 1956 and Extinguishment of Leasehold Rights
- Section 304A IPC & Section 92 of Factories Act, 1948 – Section 26 of General Clauses Act
- Section 33 Review Application and Delay in filing section 34 petition
- Section 34 Court – Obligation to consider the grounds and record findings
- Section 353 of IPC – Offence against Advocates for interfering in CBI search of client’s office
- Section 36 of the Maharashtra Public Trusts Act, 1950 – Salutary provisions – Sale of the Trust Property – Powers and Duty of the Charity Commissioner
- Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950 – Extension of time for sale deed
- Section 4 – Residence Order – Right of senior citizen to live in peace and without obstruction
- Section 42 of the Arbitration Act – Interplay of two clauses on jurisdiction and seat of arbitration
- Section 482 of the Cr PC – Maintainability of Applications for quashing of proceedings under Section 12 of the DV Act 2005
- Section 5(2) of the Indian Telegraphs Act, 1998 – Interception of telephonic messages of public servant
- Section 50 BPTA – Consent of Charity Commissioner for Civil Suit of Trustees
- Section 55 of the Maharashtra Rent Control Act – Effect of non-registration of lease agreement
- Section 55(5) of the Motor Vehicles Act – Cancellation of Imported Car Registration Certificate
- Section 56 – Maharashtra Police Act – Externment for offences other than IPC
- Section 63 of Bombay Tenancy Act, 1948 – Penalty & resumption of land
- Section 64VB of the Insurance Act Clarified – Insurer Bound to Honour Policy Once Premium for Renewal received
- Section 7(1)(ii) read with Section 3(2)(c) and 4(1A)(a)(i) of MOFA.
- Section 70 CGST Act – No Need to issue 7 days’ Notice for summons
- Section 8 AA Reference Rejection Set Aside : Bombay HC Reaffirms Pro-Arbitration Approach
- Section 9 – Interim relief of status quo on transfer of shares pending Arbitration in Singapore
- Section 9 -Arbitration Act – Court has wide powers to grant wide range of interim measures
- Section 9 AA – Interim relief for gag order on distributing from making disparaging statements
- Section 9 AA Petition of 90 years old USA resident for interim measures
- Section 9 Arbitration Act & Section 52 of TP Act – Lis Pendense purchase
- Section 9 Not Extinguished by filing of Part II Foreign Arbitral Award Recognition Petition – 2026 Important Ruling of Bombay HC
- Section 9 of the Arbitration Act – Application to foreign seated arbitrations
- Section 9 of the Arbitration Act – Territorial Incompetence
- Section 9 Petition – Interim relief – SIAC Foreign Award – Section 37 appeal
- Section 9 petition of sub-contractor against contractor
- Section 9 Petitions – Interim Relief – Access to the amenities in Lodha Worli
- Section 9(3) of the AA is not absolute bar – Application for interim measures against third party even after appointment of Arbitrator under Section 11 between the parties is maintainable
- Section 96(b) of the Cantonment Act 2006 – Constitutional Validity – Pre-deposit of Property Tax
- Sections 13 & 13(1A) of the Commercial Courts Act – Whether Executing Court is a Commercial Court –
- Sections 139 and 141 of the MC Societies Act – Discharge of Surety from Loan Liability
- Sections 2(1)(e) and 29A(4) and (5) of the Arbitration Act, 1996 – Interpretation of “Court” – Extension of time to make award in a case where Arbitrator is appointed by Party
- Sections 25, 26 and 44 – Water Pollution Act 1974 – Conviction and Sentence -Vicarious Liability
- Sections 50(2) proviso & 25 of the Land Acquisition Act, 1894 – Acquisition of the open land for recreational ground under Section 126(1)(b) of MRTP Act, 1966 – Writ Petition of Local Authority challenging Award
- Sections 52 and 53 of MRTP Act – Tenant cannot challenge notice of Municipal Corporation
- Sections 6, 9, 154B-2(4) and 154B-1(8).of MC Societies Act and Section 10 of MOFA.
- Senior Citizen – removal from her own flat – High Court ordered restoration
- Senior Citizens Act – Eviction Order without any claim for maintenance or allegations of harassment or cruelty.
- Senior Citizens Act – Maintenance of parents does not depend on property given to the children.
- Senior Citizens Act 2007 – Section 23 – Cancellation of Gift Deed – Consideration of ownership of property is important – Condition of gift for maintenance can be proved by pleadings and evidence
- Senior Citizens Act 2007 & Domestic Violence Act 2005 – Interplay of Rights senior citizens to secure their house and a woman to shared household in matrimonial home.
- Senior Citizens Act, 2007 – Section 23 – Maintenance Tribunal is not a civil court and has no powers to declare a registered gift deed as fraudulently executed
- Senior Citizens Act, 2007- Maximum limit of Rs.10,000/- maintenance under Section 9(2) is applicable to each senior citizen and not qua all the senior citizens in the family and each child or relative.
- Seniority of Secondary School Teachers – Category C of Schedule F of the MEPS Rules 1981
- Service Tax on Ocean Freight Imports under CIF contracts for Silvassa unit in 2017 – transportation cost upto customs station in India incurred by foreign supplier
- Settlement Agreement – Interplay of Sections 11(6), 73 & 74 of the Arbitration Act
- Share Holders Agreement Enforcement in India through Foreign Arbitral Awards
- Sharjah Court Foreign Decree – Execution in India – Sections 13 & 44A CPC and Reciprocating Country
- Slum Land – Compulsory Acquisition Vs preferential right of owner for redevelopment
- Slum Redevelopment – SRA – Pre-emptive or preferential right of Public Sector Undertaking over Private Developer – Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
- Smartwatch – Invoice “Goods once sold will not be taken back or exchange” raises legal considerations for consumer protection and fair trade practices.
- Society Bifurcation Upheld : Bombay HC No Need for CIDCO Permission – Section 18 of the MC Societies Act.
- Society Wins Conveyance, Owners Must Go to Civil Court : Bombay HC Mandate
- Sound of the Law – Bombay HC Protects Live Music Orchestra in Restaurants for Entertainment Licence under the Maharashtra Police Act, 1951 and the Public Amusement Rules, 1999.
- SRA – Demolition of 17-years redeveloped building to give benefit of DPCR 2034 to new developer
- SRA – Redevelopment – Section 13(2) of Slum Act 1971 – Termination of Developer
- SRA Redevelopment – Height Clearance NOC of Airports Authority of India
- Stamp Duty – Development Agreement – Revenue sharing of sale proceeds with Owner – Market Value –
- Stamp duty – 1989 Agreement – Duty paid in 1995 under Amnesty Scheme – Deficit demand in 2016
- Stamp Duty – Property of Public Trust – Market value of property sold in auction – Rule 4 of the Maharashtra Stamp Rules 1995
- Stamp duty of Rs.7,38,99,000/– Scheme of Arrangement of TTML & Demerger with Airtel
- Stamp Duty Refund & Condonation of Limitation
- Stamp Duty Refund for Developer’s Default & Court Delay – Illegal
- Stray dogs & Human – dog conflict – Animal Birth Control Rules, 2023 – Petitions against the animal lover who kept stray dogs in his house – Nuisance to the residents.
- Sugarcane farmers – Right to full payment in 14 days of supply to factory
- Surrogate Vs Biological mother – Litigation for Custody of twin minor daughters
- Tattoo – Unfit for employment in Central Industrial Security Forces
- TDR – SR Scheme under old DCPR 2019 is not eligible for additional TDR under DCPR 2034
- TDS amounts constitute payment – Arbitral Award for Refund to the Contractor – Supplier
- Tender – disqualification of contractor for non-compliance of GST condition in the Tender – illegal – Condition was non-essential and although other bidders did not submit GST returns they were qualified
- Tender – Gas Cylinder Rules, 2016 – Dilution of Technical conditions of PESO Registration & certificate affecting public safety and health – Supply of Chlorine Gas to the City of Mumbai
- Termination – Disciplinary Inquiry on Anonymous Complaint after 16 years – Propriety and Legality
- Termination of Chief Human Resources Officer of National Stock Exchange – Maintainability of Writ Petition
- Termination of Superintendent Central Excise on the advice of the Director General of Vigilance – Advice is not mandatory – Disciplinary Authority has to take decision independently – Rules 14 and 15 of CCS (CCA) Rules 1965.
- Territorial jurisdiction – Bombay High Court – Rule 10 of the Central Excise (Appeal) Rules, 2001.
- The New Shop for 24×7 shopping for daily needs – closure timing – Mah Shops Act
- Third party buyers cannot be dragged into arbitration.
- Title Dispute of Open or Garden Area of Row House & Transfer of Membership
- Trade Marks Act – Registration of subject device Mark of several matters & words – Application of Khadi Commission
- Trademark Infringement – Court where goods are sold on web portal has territorial jurisdiction
- Traffic challan – Company vehicle – presence of MD / CEO in Court is not required
- Transfer of FL II licence obtained by fraud – Nullity in the eye of law
- Transparency in Sports Governance – Membership of Cycling Association
- Uber / Ola – Cap on convenience fee – Surge / dynamic pricing / peak pricing
- UGC Distance Learning Regulations 2020 – NAAC accreditation parameters
- Unilateral Arbitrator Appointment by NBFC is Void
- Unilateral Conveyance – Dispute of extent of land and recreational ground
- Unilateral Conveyance Deed – Section 20(4) of MRTP Act – MOFA and Rule 9 of MOFA Rules, 1964
- Unilateral Deemed Conveyance – Refusal on account of pendency of a title civil suit between promoter and other persons – Illegal
- Unilateral Deemed Conveyance – Federation of Housing Societies Vs Individual society
- Unilateral Recovery & debit of loan from Joint Pension Account violates Article 21
- Urban Land Ceiling Act – One time premium for Development of exempted Surplus land
- Urban Land Ceiling Encumbrance Exemption – Premium for Surplus land
- Validity of Rule 13.3.1.5 of the Development Control Rules of Pune City
- Veritable Party to the Arbitration Agreement & Privity of Contract
- Void from the beginning – Bombay HC Declares Coop Society Registration Illegal
- WhatsApp Chatbot of the Delhi High Court – case real time updates
- When Rule 96(10) Disappears, So Do it Shackles of GST Refund
- Whether an arbitration clause in the invoices constitutes “arbitration agreement”
- Wi
- Winding up – Liquidator – Priority of Dues of Mumbai Port on vessels over other creditors
- Women Reservation – Non-creamy layer certificate dispensed with by the GR 4.5.2023
- Workman – Serious Misconduct – Slapping superior officer – Industrial Tribunal held such act as “not too serious to inflict punishment of termination” and awarded punishment of stoppage of one increment
- Writ Petition of widow of Ex-serviceman for widow identity card – Denial in view of ex parte Divorce Decree –
Income Tax
- Bombay HC Clarifies – Absence of Irrevocability Clause in the Trust Deed Cannot Justify Denial of Renewal of Charitable Trust Registration
- Bombay Stock Exchange – Arbitral Tribunal – Award for Share Trading Dues
- Compensation – Motor Accident Claim – Dependency compensation – IT Returns cannot be the sole basis for determination of compensation under MV Act. Salary Certificate VS Income Tax Return
- Compensation – Assessment, IT Deductions, Allowances & Multiplier – Lessons from the SC Judgment
- Consultant Doctor is not employee of Private Hospital – TDS Clarification
- Dividend Income – Tax Credit to Joint Venture – Oman Tax Laws and Double Taxation Avoidance Treaty
- Fresh Arbitration for second time and fresh Appointment of Arbitrator
- IBC & Negotiable Instruments Act – proceedings – Distinction
- Important Beneficial Order of ITAT Kolkata Section 54E of Income Tax Act – Capital Gains – Exemption
- IMPORTANT legal issues for every IT Assesses
- Income Tax – TDS from compensation of acquired land – Illegal
- Income Tax Act 1961 – Offence under Sections 276-B read with 278-B – In the absence of mandatory notice of Section 2(35)(b) delivered to the Director – accused no.8, he cannot be treated as principal officer for prosecution.
- Income Tax Immunity of Land Acquisition Arbitral Awards
- IT Act – Rebate of Section 87A – Online filing of Return – PIL by Chamber of Tax Consultants
- ITAT Mumbai – Capital Gains Exemption – New Flat in redevelopment Project in lieu of surrender of tenancy rights
- Maintenance – Section 125 Cr PC – Deductions of LIC premium, Home Loan, Payment of Loan for purchase of land are not permissible in law – Allahabad High Court
- Notice to dead assessee to reopen IT assessment is not legal
- Prevention of Corruption Act, 1988 – exoneration of the accused in the income tax case cannot absolve under PC Act – Important Judgment of the Supreme Court.
- Profits or gains from foreign currency fluctuations cannot be treated as export income for deduction under Section 80HHHC of IT Act, 1960.
- Redevelopment – Transit Rent paid by the Developer / Builder is not liable to TDS – Section 194(I) of the Income Tax Act, 1961
- Redevelopment Flat Possession Date & Capital Gains Taxable Year
- Section 10(46) of Income Tax Act, 1961 – If NOIDA entitled to exemption
- Section 148 of Income Tax Act – re-assessment notice to the non-existing company
- Section 56(2)(x) of the Income Tax Act – Redevelopment – New Flat in lieu of old flat – Tax liability
- Section 80P of Income Tax Act 1961 – Deduction – Cooperative Society for profits arising out of credit given to its members
- TDS amounts constitute payment – Arbitral Award for Refund to the Contractor – Supplier
- When Rule 96(10) Disappears, So Do it Shackles of GST Refund
Insolvency
- Bombay HC – Suppression of Insolvency in the tender process amounts to fraud invalidating the contract and consequently the arbitral award.
- Bombay HC Flags IBC Misuse to Stall SARFAESI Enforcement
- IBC Misuse for Recovery of Civil Court Decree
- IBC Not Recovery Tool – Bank Claim Lies Before DRT
- No Guarantee, No Insolvency – Supreme Court Judgment of 6.1.2026.
- SC – Once Debt and Default are established, admission of Section 7 IBC Petition is mandatory.
- SC Clarifies Distinction Between Filing Vs. Registration under NCLT Rules – Refilled Amended Petition of Homebuyers Maintainable
- SC Landmark Judgment on IBC – IP Interface on title to the trademark of the corporate debtor
- SC on Section 64 MSC Societies Act & IBC – Eligibility of Cooperative Society for Resolution Plan
- SC on threshold limit of 100 allottees – second proviso to section 7(1) of IBC on the date of Insolvency Petition
- SC Reiterated the Commercial Wisdom of CoC – Courts cannot interfere with approved Resolution Plan except on limited grounds under Sections 30(2) and 61(3) of IBC.
- SC Upheld Collective Insolvency Petition of Home Buyers Against Multiple Developers
- Supreme Court – Landmark 2026 Judgment – Financial Creditors Free to Pursue Dual Insolvency Actions for One and Same Debt against two – Borrowers and Guarantors.
Insurance
- : SC Upholds Boiler Claim of Sugar Factory : Insurer Cannot Repudiate Without Proof
- A Win for Policy Holder – Delhi HC Restores Arbitral Award against Limitation Clause in Insurance Policy
- Accident – Contradictory stand of employer in disciplinary inquiry and in claim petition
- Accident – Contributory Negligence of Driver – A passenger is not a backseat driver.
- Accident – 100% permanent disability and mental disability – Salutary principles for compensation
- Accident – Compensation – Truck driver – Considerations to determine Income
- Accident – Death of Central Government Employee – If compensation can be reduced for compassionate appointment of daughter
- Accident – Reduction in compensation for filing IT Return after date of the incident – Illegal
- Accident compensation – Appeal or cross objection of claimant is not necessary for enhancement
- Accident Compensation – Court cannot sit over disability determined by Medical Board
- Accident Compensation – Deduction of Medical Insurance amount is not permissible
- Accident Compensation – Duty of the Court to award just compensation even if less valuation is made by the claimant
- Accident compensation – IT return income Vs. Notional income
- Accident Compensation – Learner’s licence of person driving the motor cycle
- Accident Compensation – Allowances with pay package are income
- Accident Compensation – Breach of Policy & Doctrine of Pay & Recover
- Accident Compensation – Contributory Negligence – Assessment
- Accident Compensation – Contributory Negligence – Site plan filed first time in the Supreme Court
- Accident compensation – Death of Victim disputed in view of Postmortem Report
- Accident Compensation – Income of Maritime Engineer
- Accident compensation – Loss of future income – Deduction that the appellants stepped into the business of deceased parents – Illegal
- Accident Compensation Must Reflect Professional Promise, Not Marks – Bombay HC on Third Year BHMS Student’s Accident Death
- Accident of BMW Car – Covered by Insurance Policy and also by BMW Secure Advance Policy for new car in case of more than 75% damage – Repudiation of claim
- Accident of tractor – death of coolie travelling in trailer – liability – Section 147(1)(b) – MV Act
- Accountability of Insurer for Delay – Pre-reference Interest
- Addition of Future Prospects to the Accident Claim Compensation is mandatory
- Arbitral Award – GT Engine Damage & Overhauling Claim
- Bombay HC – Section 85-B of the ESI Act, 1948 – Damages
- Bombay HC – Duty of Diligence on Insurer in Policy Portability
- Bombay HC – Railway Employee Death – Compensation – Valid Railway Pass Ensures Bonafide Passenger Status, Even Off Duty
- Bombay HC Strengthens Insurance Law – Non-Forfeiture Clause Protects LIC Policyholders
- Civil Suit against Insurance Company for damages to the owner’s vehicle is maintainable and bar of Section 175 of the MV Act is not applicable.
- Commercial “Dispute” – Claim against third party and based on tort for damages
- Compensation – Accidental Death of retired employee – Deduction of Family Pension is not permissible
- Compensation – Application of “Split Multiplier” for reduction in loss of dependency – pre & post-retirement income
- Compensation – Court can grant more compensation than claimed in the petition
- Compensation – Major sons and married entitled as legal heirs of deceased victim
- Compensation – Motor Accident Claim – Dependency compensation – IT Returns cannot be the sole basis for determination of compensation under MV Act. Salary Certificate VS Income Tax Return
- Compensation – Assessment, IT Deductions, Allowances & Multiplier – Lessons from the SC Judgment
- Compensation – Claim for Loss of Dependency by major son & daughter not dependent on the income of deceased mother
- Compensation – Pay & Recover – Minor boy driving offending vehicle
- Compensation determined by the Court even if more than claimed can be granted
- Compensation Does not Die – SC Judgment Redefines Rights of Legal Heirs of Accident Victim
- Compensation for damaged car – Tortuous liability
- Compensation for loss on account of domestic services – accidental death of working woman – Important Judgment
- Compensation for permanent disability
- Compensation for purchase of Prosthetic Limb & Maintenance
- Compensation in foreign currency – Exchange rate on the date of accident or filing petition
- Complaint of bribe given in obtaining International Re-insurance Contract
- Consumer complaint for fire insurance claim
- Consumer Protection Act – Insurance Policy of the Company for Standard Fire and Perils is not for a commercial purpose
- Contributory negligence & pillion rider
- Cooling Period Clause Cannot Defeat Cattle Insurance Claim
- Cyber attacks & Cyber Crisis Management Plan – IRDAI Circular of 24.3.2025
- Date of birth in Aadhar Card is no proof for compensation multiplier
- Death of truck driver on duty due to health deterioration – it is an “accident”
- Delay in Filing Documents Does Not Extinguish Insurance Claim
- Delhi HC – Arbitral Award – Insurance – Double Deduction
- Delhi HC Upholds Rs.33 crores Arbitration Award in Valley Iron & Steel Flood Damage Insurance Claim
- Denial of medical expenses for want of initial consultation report, MRI and Xray.
- Employees Compensation Act –Compensation for accident – If loading / unloading worker while loading coconut tree in stationery lorry is employee under Clause (c) of first proviso to Section 147(1) of the MV Act, 1988?
- Equity Over Error – SC Balances Justice in MV compensation
- Fire Policy – Multiple reports on cause of fire – Seven suggested “short circuit” & two negligence of the insured – HELD cause of fire is immaterial if the claimant is not the instigator of fire.
- High Court can grant stay to compensation award even pending application for condonation of delay in filing appeal
- Home Loan – Add-on Insurance– Exclusion Clause neither furnished nor made aware to the insured
- Imagine the plight of illiterate Insured lady misled by the Insurance Agent
- Imperative need for cyber insurance – Times Special informative article
- Important for Health Insurers and Insured
- Indigent Person – Court fees – Insurance Claim
- Insurance – Compensation – Cancellation of policy prior to accident – Onus on the Insurer to produce documents and prove cancellation for dis-honour of cheque and intimation to insured prior to the accident
- Insurance – Date date of issuance of policy would be relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt.
- Insurance – Essential to provide copies of surveyor / investigator reports to the insured to call for objections before repudiating the claim
- Insurance – Exclusion Clause & Proposal Form- Interplay – Repudiation of claim
- Insurance – Landmark reforms – Freedom in product development, pricing and governance- – Insurance Products Regulations of 2024 enabling insurers to adopt good governance while designing and pricing the insurance products.
- Insurance – Ombudsman Award – Implementation by Insurer – IRDAI Notification of 25.4.2017.
- Insurance – Policy issued on receipt of cheque and subsequently dishonoured but vehicle ply on road without valid insurance – HC found that 2002 Notification of Online mode of payment of insurance premium kept in the dark
- Insurance – Repudiation of Claim – Transfer of vehicle – Section 157 of the MV Act
- Insurance – Repudiation of Claim for loss due to floods on the ground of fraud
- Insurance – Robbery of diamonds – Repudiation for Breach of Warranty
- Insurance – Section 66(3)(i) of MV Act – Statutory exemption to the insured offending vehicle of goods auto rickshaw to have permit -Does not amount to violation of policy conditions?
- Insurance – Contractor’s All Risk Policy – Collapse of bridge
- Insurance – Death due to sudden cardiac arrest during Covid-19
- Insurance – Difference of opinion of two Surveyors on cause of loss either seepage or heavy rains
- Insurance – Fire – Cause – Whether short circuiting or self-combustion.
- Insurance – Insurer’s Right to Recovery & Burden on Insurer to plead and prove wilful breach of duty of vehicle owner
- Insurance – Interesting – Code of Code mandates that TPA of Health Services not to lend or grant any loan to any other company, entity or individual not connected with its TPA business – Penalty for violation
- Insurance – Stock Valuation – Reports of Surveyor Vs Audit
- Insurance Claim – Repudiation for non-payment of national permit authorisation fees of truck
- Insurance claim – Repudiation for partial non-disclosure of material facts of other policies
- Insurance contract – good faith equally applies to both parties
- Insurance Coverage Vs Exclusion
- Insurance Electronic Marketplace free of charges for availing services by the consumers -IRDAI – Insurance – Digital Public Infrastructure “Bhima Sugam – Insurance Electronic Marketplace” –
- Insurance Ombudsman Rules 2017 – Quasi Judicial Authority – Duties and Functions
- Insurance Policy – Renewal – Dishonour of cheque by the Bank although sufficient balance in the account but for non-linking MOD with account – Deficiency in Service –
- Insurance Policy – Repudiation on the ground of material suppression of existing life insurance policies from other insurers – Section 45 of the Insurance Act, 1938 –
- Insurance Policy for the thermal power plant – Initial Report of Insurer Surveyor Vs. Subsequent Report of Independent Surveyor and subsequent addendum report of Insurer Surveyor
- Insurance policy is governed by contract – If there is breach of non-payment of premium
- Insurance Reforms – Empowerment of Policy Holder –Master Circular 19.6.2024
- Insurance Special Condition “Voyage should commence & complete before monsoon sets in”
- Interesting facts – who is responsible for accident
- IRDAI – 14.2.2024 – Exposure Draft of Protection of Policyholders’ Interests and Allied Matters of Insurers) Regulations, 2024
- IRDAI – 24.8.2023 – Revamped landscape for reinsurance market
- IRDAI – Amendments of 10.10.2023 to the Master guidelines – Anti-Money Laundering / Counter Financing Terrorism
- IRDAI – Corporate Governance Regulations of 2024 – Exposure Draft published on 2.2.2024 – for doing business, reduce compliance, protection of policy holders and above all, best practices for the corporate governance of Insurers
- IRDAI – Draft Guidelines of 20.2.2024 – Introduction of collaterals in the Insurance sector and in particular for reinsurance transaction with Cross Border Reinsurers
- IRDAI – Final Order dated 22.2.2024 prohibiting Confiance International Reinsurance Brokers Malaysia for two years from Indian Insurance Market –
- IRDAI – Health Insurance Policies – Guidelines Circular Coverage for AYUSH on par with Allopathy & other treatments – Guidelines & Advisory Circular dated 31.1.2024 for Insurers.
- IRDAI – Important and significant Circular of 31.1.2024 for the Persons with Disabilities (PWD) or afflicted with HIV / AIDC or suffering from mental illness.
- IRDAI – Insurance – Important Exposure Draft on IRDAI (Insurance Products) Regulations, 2023 – Published on 12.12.2023 inviting comments / suggestions.
- IRDAI – Master Circular dated 5.9.2024 – Protection of Interests of Policyholders
- IRDAI – Penalty of Rs.1 Crore – Go Digit General Insurance Co Ltd – Order dated 2.5.2024 – Violation of Section 26 of the Insurance Act, 1938 read with IRDAI Regulations 2024
- IRDAI – Reconstitution of Insurance Advisory Committee
- IRDAI – Risk-Based Capital Framework for Insurers
- IRDAI – Circular dated 3.11.2023 – Account Aggregator – Participation of the Insurance Sector in the next digital innovation
- IRDAI – Circular dated 30.10.2023 effective from 1.1.204 – Revision of Consumer Revision Sheet – Salutary to explain the basic features of policy and necessary information in simple words
- IRDAI – Cyclone Michaung – Circular dated 18.12.2023 – Salutary decision to grant special dispensation to General Insurers and increasing limit of losses for appointment of Surveyors and Loss Assessors
- IRDAI – Insurance Ombudsman Rules, 2017 – Salutary amendment to raise ceiling on award of compensation is raised from “Rs.30” lakhs to “Rs.50” lakhs vide notification dated 9.11.2023.
- IRDAI – Landmark Reforms in Health Insurance – Master Circular dated 29.5.2024
- IRDAI (Bima Vahak) Guidelines, 2023 – issued on 9.10.2023
- IRDAI & IIISLA Vs Surveyor & Competition Commission of India
- IRDAI Circular dated 16.2.2024 – Unclaimed amounts of Policy holders – New Salutary measures to reduce existing and contain future accumulation of unclaimed amounts –
- IRDAI Circular dated 18.10.2023 for inbuilt mandatory insurance under IMT-29 in a private car policy for employer vehicles used by the employees.
- IRDAI Circular dated 24.11.2023 – Discontinuation of filing of certain returns by the Insurers and the Insurance Brokers
- IRDAI Circular dated 9.10.2023 – Prevention of financing to WMD – duty of stake holders to prevent financing and verification on periodic basis
- IRDAI Circular of 21.11.2023 – Clarification of “without delay” for sanctions to Terrorism, Terror Financing & Proliferation Financing means “preferably on the same business day but not later than 24 hours in any case” for Section 12A of WMD Act, 2005 and UAPA 1967.
- IRDAI Circular of 8th January 2024 – Compliance of the General Insurers with the important three Notifications dated 25.2.2022 issued as per the amendments of MV Amendment Act, 2019
- IRDAI on 2.2.2024 issued Exposure Draft of IRDAI (Registration, Capital Structure, Transfer of Shares and Amalgamation of Indian Insurance Companies) Regulations, 2024
- IRDAI Order dated 10.11.2023 – Whether penalty of Rs.3 lakhs on broker is “appropriate” for grave misconduct of submission of forged certificates – For consideration and views
- IRDAI Order dated 23.7.2024 – Stock Options – Non-Executive Director – Prior approval
- IRDAI Order of 19.2.2025 – Insurance Broker – Penalty of Rs.1 crore for violation
- IRDAI Order of 23.1.2025 – penalty of Rs.1 crore – Violation of Outsourcing of Activities Regulations, 2017.
- Levy of Service Charges for recording transfer or assignment of life insurance policy is not legal – Section 38 of the Insurance Act 1938
- LIC – Concluded Contract of Insurance – SC important decis
- LIC Insurance claim – Repudiation – Suppression of Material Facts
- Marine Hull Insurance Policy – Breach of Warranty – Repudiation of claim & Policy Cancellation
- Medi-Claim Policy – Cancer – Ceiling on expenses of injections
- Medical Student’s Future is not Fiction : Bombay HC Awards Realistic Accident Compensation
- Mediclaim – Exclusion of expenses for surgery for prolapse disc on the ground that it was not related to trauma but chronic condition
- Motor Accident – Head-on collision of S.T.Bus and Maruti Car – Tribunal held as an “act of God” by applying elimination process of negligence of both drivers
- Motor Accident – Low Vision Vs. Blindness – Claimant MBBS doctor
- Much awaited IRDAI Circular dt 4.8.2023 on HDFC merger
- NCDRC – Surveyor Reports Prevails – Insurer directed to pay Rs.1.73 crores to SKS Ispat for breakdown of 25 MVK Turbo Generator Set.
- NCDRC directed SBI Life Insurance to refund entire premium on surrendered policies with interest
- NCDRC Reaffirmed that Surveyor Report is the backbone of Insurance Claim Settlement – Binding unless rebutted
- Need for Consumer Education in Insurance sector
- Negligence of truck – non-wearing of helmet by motor cycle rider is insignificant
- NHRC consultation on health insurance for persons with disabilities
- No More Split Multiplier : Apex Court Reinforces Guidelines in Accident Claims
- Nominee Vs. Legal Heir – Section 39 -Insurance Act, 1938 (Amended in 2015)
- Novation of Contract – Liablity of guarantors to repay loan – Temporary overdraft – Extension of time to repay without consent of the guarantors – Section 133 of the Contract Act.
- Overseas Travel Insurance Policy – Exclusion of expenses incurred on treatment in India
- Reference of Dispute by Insured to Arbitration after full and final discharge voucher
- Repudiation of Claim -Treatment of cancer – Suppression of material facts and daily alcohol drinking
- Repudiation of claim of Rs. 5 crores on the ground of concealment of material facts – Earlier insurance history information was concealed and date of birth (14.10.1960) given in the form did not tally with the birth certificate of 1961 is Illegal.
- Repudiation of Fire Insurance Claim on Surveyor’s report – Legality
- Repudiation of insurance claim for fire accident is illegal on three grounds as held by the National Consumer Commission
- Repudiation of Insurance Claim on the ground that the loss was outside policy
- SC – Liability of Driver and Bus taken for election duty – Accident Compensation
- SC – Section 4A(3)(b) of the Employees Compensation Act – Penalty on Insurer
- SC – Private Doctors Requisitioned in Covid-19 Entitled to Rs.50 lakhs PMGKY Insurance
- SC Cautioned Insurers against denying claims based on speculative or irrelevant technicalities.
- SC Enhances Compensation for Parents of 14-year-old Accident Victim
- SC observations on the unfair stand of Insurer against Insured
- SC on Negligence – Accident between Trailer & Truck and safe distance under the Rules of the Road Regulations, 1989
- SC on Policy Coverage of “FFF”
- SC Reaffirms Burden of Proof on Involvement of Offending Vehicle in Accident Compensation Claims
- Scooty rammed in rear side of water tanker – Contributory Negligence
- Section 11(6) of AA – Powers of Referral Court to decide Arbitrability of Disputes
- Section 64VB of the Insurance Act Clarified – Insurer Bound to Honour Policy Once Premium for Renewal received
- Supreme Court – Accident Compensation – Functional Disability Vs. Physical Disability
- Supreme Court Expands Framework for Child Injury and Disability Compensation
- Supreme Court says – Fire is Fire – Insurer Cannot Evade Claim on Technical Grounds
- Title Insurance – Protection to the owners and lenders against financial losses from the defects in the title or ownership of a property.
- TPA Health Insurance – Non-renewal of Registration
- Trailer attached to the Tractor was not insured – SC exercised powers under Art.142 of the Constitution in exceptional circumstances
- Travel Insurance – Treatment of Haematuria in USA – Repudiation for non-disclosure of pre-existing disease
- Unique theft of truck, consumer case for insurance claim & stand of Insurer unfolded in the Judgment dated 31.7.2023 of the Supreme Court
- Usage-based or telematics car insuranc
Intellectual Property
- Artificial Intelligence – Policy Brief of 12.12.2023 – Comprehensive, Informative, Illustrative study and analysis by PRS India Legislative Research
- Copyright – Spare parts of Computer are not “artistic work” under the Copyright Act 1957 – FIR for its sale is illegal
- Google – Patent “Managing Instant Messaging Sessions on Multiple Devices – Lack of inventive step – Not entitled to grant of patent – Google had presented wrong facts and also failed to disclose information
- IPL -Royal Challengers Bengaluru – Prayer to ban advertisement of Sunrisers Hyderabad Cricketer Travis Head
- Offences – Manufacture of fake garments using Puma label – Copyright Act & Trademarks Act.
- Section 9 of the AA – Interim Injunction – Interpretation of deed of copyright transfer – whether for remake only or also for sequel
- Trade Marks Act – Registration of subject device Mark of several matters & words – Application of Khadi Commission
- Trademark Infringement – Court where goods are sold on web portal has territorial jurisdiction
January 2024
- Admission – Allahabad University -No rules or the terms of eligibility could be added or changed after the notification was issued.
- Coaching Centre Guidelines 2024 – Important Conditions for Registration
- Doctrine of Merger – Common law doctrine – There cannot be at the same time more than one operative order for same subject matter.
- Doctrine of Necessity – Powers to convene election meeting – Elections of Executive Committee of the Trust -Section 15 of the Societies Registration Act, 1860 – Right of default members to vote
- EPF dues – Registration of Crime for offence of misappropriation is illegal without following mandatory provisions of Section 7A is illegal
- IBC – Section 26(2)(a) – Right to claim set-off in CIRP and consideration by RP while taking custody and control of all assets of Corporate Debtor.
- Important & Salutary for the students and the parents – Guidelines for Regulation of Coaching Centre – Legal Framework for Unregulated private coaching
- Important Decision of NCLAT on relations between Insured-OC & Insurer and third party CD vis-a-vis insurance payment, “debt due”, insolvency proceedings and doctrine of subrogation.
- Important question on the right of financial creditor to the minimum value of its security asset is referred to the larger Bench of the Supreme Court
- Insurance – Date date of issuance of policy would be relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt.
- Insurance – Interesting – Code of Code mandates that TPA of Health Services not to lend or grant any loan to any other company, entity or individual not connected with its TPA business – Penalty for violation
- IRDAI Circular of 8th January 2024 – Compliance of the General Insurers with the important three Notifications dated 25.2.2022 issued as per the amendments of MV Amendment Act, 2019
- Kolhapur Civil Court – Landmark Judgment on Important Principles of Law – Inami land – Suit for declaration that the Church has no right, title and interest in the suit property at Kodoli Tq.Panhala
- LL.B. course – Petitioner was given admission to 3-years course from OBC category in 2019 – Objection to the eligibility for admission was taken at the fag end of the course – Illegal
- Passive Euthanasia – A terminally-ill patient in persistent vegetative can execute an Advance Medical Directive or Living Will to refuse medical treatment as the right to live with dignity.
- Pepsi Co – Lay’s Potato chips – Cancellation of Registration of Potato variety – Section 34 of the Protection of Plant Varieties and Farmers Rights Act, 2001
- Section 11 – Arbitration Act – MOU between the individual -promoter & the Respondent – Non-signatory Petitioner Company whose Chairman is the Promoter cannot enforce arbitration clause
- Section 33(1) of the Copyright Act, 1957 does not curtail power of owner to grant any interest in the copyright by license under Section 30 – Status of Copyright Society and the Owner in the scheme of Copyright Act
- Section 47 of the Registration Act, 1908 – Time from which registered document operates – Whether sale takes effect from the date of execution or date of registration
- Section 48 of the Maharashtra Stamp Act, 1958 – Application for refund of stamp duty of cancelled agreement of sale was rejected since it was not done within a period of five months
- Sections 420, 468 & 471 IPC and Section 12(b) of the Passports Act 1957 – Allegations of father about his forged signatures by wife on the application aimed at obtaining the minor’s child passport.
- Selection for Police Constable – Reserved Category – Shown as failed for difference in date of birth shown in the application and the school mark sheet.
- Senior Citizens Act, 2007 – Petitioners, aged 91 & 84 years approached High Court for directions to the Senior Citizens Appellate Tribunal (Collector) for expeditious disposal of their appeal
- Workmen’s Compensation Act, 1923 – Injury while on ship duty as Seaman (Deck Sarang) on the ship – Declared Medically unfit – 100% permanent disability under clause 12 of the National Maritime Board Agreement
January 2025
- Accident – Death of Central Government Employee – If compensation can be reduced for compassionate appointment of daughter
- Accident compensation – Appeal or cross objection of claimant is not necessary for enhancement
- Appointment of Arbitrator at post-award stage – Duty of the Referral Court is onerous
- Arbitrability and Dispute of Infringement of Copyright
- Arbitration – Section 21 Notice by one of the partners – sufficient
- Arbitration – Service of Award – Requirements of Section 31(5) of the AA
- Arbitrator – Appointment – Dissolution of Partnership Firm
- Arbitrator – Appointment – Pendency of civil or criminal litigation between partners is not a bar
- Arrest of Woman Accused after sunset – Section 46(4) of Cr PC & Article 21 of the Constitution
- Commercial Court – Jurisdiction – Counter Bank Guarantee governed by Egypt Laws
- Compassionate appointment – employee bedridden and under medical invalidation
- Compensation – Accidental Death of retired employee – Deduction of Family Pension is not permissible
- Delayed Payment charges for delay in giving possession without occupancy certificate
- Housing Society cannot levy maintenance or service charges as per area of the flat – Cooperative Court
- IBC – Resolution Plan of IHL Lifesciences for acquisition of Parental Drugs – Salutary tips of Law Firm for the investors
- IRDAI Order of 23.1.2025 – penalty of Rs.1 crore – Violation of Outsourcing of Activities Regulations, 2017.
- IT Act – Rebate of Section 87A – Online filing of Return – PIL by Chamber of Tax Consultants
- Medical Reimbursement – Denial for treatment in OPD for chronic kidney disease – Illegal
- Section 148 of Income Tax Act – re-assessment notice to the non-existing company
- Section 18 of MSMED Act – Whether registration is necessary pre-condition to refer dispute to the Facilitation Council?
- Section 48A of the Maharashtra Stamp Act – Limitation for refund starts from the date of execution of cancellation deed
- Section 48A of the Maharashtra Stamp Act – No express powers to review earlier order of refund of stamp duty
- Section 48A of the Maharashtra Stamp Act – Refund of stamp duty wrongly retained – Interest granted
- Section 9 AA – Interim relief for gag order on distributing from making disparaging statements
- Sections 52 and 53 of MRTP Act – Tenant cannot challenge notice of Municipal Corporation
- Service of Notice through Whatsapp or other electronic modes– Section 41-A Cr PC (Section 35 of BNSS 2023).
- SRA – Demolition of 17-years redeveloped building to give benefit of DPCR 2034 to new developer
- Trade Marks Act – Registration of subject device Mark of several matters & words – Application of Khadi Commission
- Uber Cab – Service Provider – Timely services – Delay in arrival – Flight missed – deficiency in service
January 2026
- Bombay HC – Magistrate has no Powers to Order YouTube Takedowns in Defamation videos
- Bombay HC – Interpretation of NRI / OCI Quota in PG Medial Admission
- Bombay HC – Circular of 24.1.2023 on Land Acquisition Compensation Invalid
- Bombay HC – Commercial Suit – Strict 120-Day Limit for Filing Written Statement
- Bombay HC – Informal Minutes cannot Alter BOT Agreement Terms in Infrastructure Contracts
- Bombay HC – Interim Measures under Section 9 Arbitration Act and Return of Title Deeds
- Bombay HC – Promoters Allotted Flats in lieu of consideration of Development Agreement Must Pay Maintenance Charges Like Any other Member
- Bombay HC – Registrar’s Role under Section 154B-27 of MC Societies Act is Enforcement, Not Adjudicationi of Ownership or Membership
- Bombay HC – Registration of a cooperative housing society cannot be cancelled merely because other wings of the project are incomplete
- Bombay HC – SEBI Circular on Pre-trade Confirmation Cannot Shield Investors from Authorized Trading Losses
- Bombay HC – Section 9 – Post-Award Interim Reliefs Must Aid Enforcement of Foreign Award, Not Expand it against Third Party
- Bombay HC – SRA Grievance Cell Must Mediate, Not Litigate – Mediation Training is imperative
- Bombay HC – Suppression of Insolvency in the tender process amounts to fraud invalidating the contract and consequently the arbitral award.
- Bombay HC – Unilateral Arbitrator Appointment Invalid – Award Nullity and No Estoppel Applies
- Bombay HC Clarifies Claims for Escalation of Costs and Running Account Bills of the Contractor
- Bombay HC Clarifies Divide – Institutional Arbitration Vs. Unilateral Appointment
- Bombay HC Clarifies Limits of Section 9 in Enforcement of Foreign Award of Singapore Maritime Arbitration
- Bombay HC Confirms that the Cooperative Housing Society is not subject to industrial or commercial labour law obligations.
- Bombay HC Quashes GST Demand on Assignment of Leasehold rights of Industrial MIDC Plot
- Bombay HC Upholds Binding Surrender of Housing Society Land to Pune Municipal Corporation
- Bombay HC Upholds Estate Officer’s Eviction and Damages Order under Public Premises Act
- Bombay HC Validates CIDCO’s Cancellation of Vashi Plot Tender in Public Interest
- Covid-19 – Insurance under PM Garib Kalyan Yojna for Corona Warriors, Doctors, Health Workers died in Pandemic.
- Delhi HC – Arbitral Award -Clarifies on Rules of Appropriation First for Interest before Principal
- Delhi HC Affirms Maintainability of Section 9 Arbitration Petitions Amid Parallel Proceedings
- Delhi HC Upholds Rs.33 crores Arbitration Award in Valley Iron & Steel Flood Damage Insurance Claim
- Extinguishment of claims after approval of IBC Resolution Plan and Termination of Arbitral Proceedings.
- GoM – Policy Decision to Shift Burden of Land Acquisition from Compensation to TDR Incentives.
- IBC Resolution Plan Extinguishes Arbitral Award Rights
- Madras HC – Arbitral Bias of Co-Arbitrators & Principle of Poisoning the Well
- Maharashtra Pollution Control Board cannot issue binding circular outside the statutory frame work.
- MahaREAT – Exemption conditions for registration of project under RERA, are alternative, not cumulative.
- MahaRERA – Developer Must Provide Safe, Usable & Functional Car Parking – Paper Allotment Not enough
- No Guarantee, No Insolvency – Supreme Court Judgment of 6.1.2026.
- SC – Section 21 Arbitration is directory, Not Mandatory
- SC – 65 Days of Marriage, 10 Years of Litigation – Mediation is the Noble Path
- SC – Once Debt and Default are established, admission of Section 7 IBC Petition is mandatory.
- SC Bars Retrospective Change of Recruitment Rules after Written Examination
- SC Clarifies – Exoneration in Departmental Inquiry No Bar to Criminal Trial
- SC Clarifies – AICTE Career Advancement Regulations Do Not Govern State Recruitment of Professors in State Government Engineering Colleges
- SC Clarifies on SEZ Framework and Customs Duty – Adani Power Judgment of 5.1.2026.
- SC Clarifies Section 59(2) of the Factories Act – Overtime includes HRA, TA and Other Allowances.
- SC for secure, tamper-proof technologies like Blockchain-based Digitzation of Property Documents and Land Records
- SC Judgment of 5.1.2026 – Neutrality in Arbitration Reinforced
- SC Landmark Judgment on IBC – IP Interface on title to the trademark of the corporate debtor
- SC Landmark Reaffirmation of Sanctity of Registered documents to educe frivolous litigation over Sale Deeds
- SC Mandates Disclosure of Pending Litigation in Auction Notice
- SC Rejected Cess Deduction belated at Exeution Stage of Arbitral Award without statutory backing
- SC Rules of the game cannot be changed once the game has begun – MBBS Admission
- SC Says that the Employers Cannot Haunt Retirees Without Statutory Authority and Powers
- SC Upholds Diploma Holder’s Eligibility for Pharmacist Posts – Statutory Recognition Prevails
- Section 3-D of the National Highways Act, 1956 and Extinguishment of Leasehold Rights
- Sharjah Court Foreign Decree – Execution in India – Sections 13 & 44A CPC and Reciprocating Country
- Supreme Court – No MV Tax on Construction Equipment Vehicles
- Supreme Court Bars Cognizance of Private Complaints for offences under Sections 448 and 451 of the Companies Act
- Supreme Court Restored the Bidder’s Rights in auction of industrial plot
July 2023
- A clause in the Will for settlement of disputes between heirs does not constitute
- Arbitral Award – Running Ledger Account – Determination of dues
- Arbitration – Confidentiality – Sealing Order – Precautionary measures
- Arbitrator – Appointment at the instance of Bank as financial investor
- Arbitrator – Appointment – No law for Re-invocation of arbitration agreement for fresh application – Unstamped loan documents containing settlement of disputes by arbitration
- Bill of 2023 – Use of birth certificate for public services and database
- Cinematograph Bill of 2023 to curb Piracy and other salutary provisions
- Compensation claimed initially under Motor Vehicles Act 1988
- Compensation for permanent disability
- Contempt of Courts – Punishment of suspension of Doctor’s licence
- Contributory negligence & pillion rider
- Coop Housing Society – Unique provision of disqualification of Managing Committee for non-supply of documents to members.
- Copyright Law Vs Playing songs in Marriages
- Decide yourself if AI Regulator is required?
- Deletion of online references as “accused” after acquittal in cheating case
- FAR REACHING SEBI AMENDMENTS OF 14 JUNE 2023
- Freedom of religion Vs. State Prohibition Law
- Housing Society Vs. Flat owner & Rental Rights of students
- IBC – Suspension of RP registration
- IBC – Home Buyers – Innovation of Reverse CIRP
- IGST duty refund Vs. Higher Duty Drawback – Zero rated export
- Imagine the plight of illiterate Insured lady misled by the Insurance Agent
- Immunity to Contractors of Maharashtra Samrudhi Mahamarg from illegal excavation of minor minerals
- Imperative Need for Sports Law Regulations
- Important for Health Insurers and Insured
- Important for Housing Societies – Deemed Conveyance
- Important for HT Electricity Consumers
- Important for the Doctors and the Hospitals
- IMPORTANT legal issues for every IT Assesses
- Insolvency – Litigation Funding Agreements – Liquidator
- Insurance Coverage Vs Exclusion
- Interesting facts – who is responsible for accident
- IRDAI & IIISLA Vs Surveyor & Competition Commission of India
- LMV Licence Vs. Transport vehicle licence
- Mahabharat quotation “Tiger protects Forest and the Forest guards the Tiger” – invoked for Tiger Reserve in Goa
- Major Reforms – Private Sector in exploration of Mines and Minerals
- Minority members (less than 10%) of the society have no right to hold up re-development of dilapidated buildings
- Mobile Tower – objection of Gram Panchayat
- Motor Accident Compensation Claim
- National Online Quiz on IBC – first of its kind
- Need for Consumer Education in Insurance sector
- Negligence of truck – non-wearing of helmet by motor cycle rider is insignificant
- No legal presumption on abandonment of arbitration claim
- Notice to dead assessee to reopen IT assessment is not legal
- Online independent system for reservation of beds for poor and impecunious patients in charitable hospitals
- Place of accident Vs Place of filing compensation claim
- Pre-litigation dispute settlement – Mediation
- Re-development of Chawls – Interesting facts and important decision
- Redevelopment – NOC of the Bank for the mortgaged flat – Unique order of the High Court of Bombay to balance competing equities
- Remedy against appellate order of National Consumer Commission
- Right to Privacy & Right to be forgotten Vs. Freedom of Press
- Rights of heirs of Executor of Will & also legatee / beneficiary
- SC observations on the unfair stand of Insurer against Insured
- Sealing of office for investigation and search – Powers of Customs – Section 105 of the Customs Act 1962
- Termination of Bus Conductor for alleged misconduct
- Trade mark dispute – Clearance of imported goods
- Tree cutting for Ease of Doing Business Vs. Sustainable Development
- Unique & Innovative – Clothes Rental Service by Japan Airlines
- Unique theft of truck, consumer case for insurance claim & stand of Insurer unfolded in the Judgment dated 31.7.2023 of the Supreme Court
- Unstamped Arbitration Agreement – Impounded by Bombay HC and sent for stamping to the Authority
- Unthinkable – Bengaluru prefers tenant with 90% in Class 12th
- Usage-based or telematics car insuranc
July 2024
- Arbitration – Expiry of Lease Deed
- Arbitration – Non-signatory purchaser of property
- Arbitration – Observations of Supreme Court – Eye opener on Arbitral Process
- Arbitration – Scope of powers under Section 37 including remand
- Arbitration cannot be invoked by few members of a housing society
- Bank Locker – Son of deceased bank customer seeking information -RTI Act 2005
- Consumer – Company Car Use by Director – Whether for commercial purpose
- Court fees – Remission to Indian Soldier and family
- Digital Monitoring of Liquidation process
- Electricity – Unit of Drug Manufacturer – If Commercial or Industrial tariff is applicable
- Employment disputes of lock in period are arbitrable – Arbitration Act, 1996?
- ESI Act 1948 – Bakery – use of fridge for storage if amounts to manufacturing process of bread
- Income Tax – TDS from compensation of acquired land – Illegal
- Interest rate on refund of flat amount
- IRDAI Order dated 23.7.2024 – Stock Options – Non-Executive Director – Prior approval
- LIC Insurance claim – Repudiation – Suppression of Material Facts
- Maternity Leave – Panel Lawyer of Legal Services Authority
- New Law college at a location not covered by the University perspective plan
- Offence – Section 24 of Senior Citizens Act, 2007 – Abandonment of father
- Railway – Prosecution of male passengers travelling in female compartment
- Rent as per Ready Reckoner – Renewal of Lease of Government land
- SARFAESI Act – Auction Sale – Interim stay by Consumer Forum
- SC observations on Arbitral Process need consideration
- Section 10(46) of Income Tax Act, 1961 – If NOIDA entitled to exemption
- Section 13 of the Commercial Courts Act, 2015 – Powers to condone delay
- Section 143-A – NI Act – Interim Compensation – Liability of Directors for Company Cheque
- Section 18 of MSMED Act – Council has powers to decide question of its jurisdiction
- Section 19 of MSM Enterprises Development Act, 2006 –
- Section 25 of the Hindu Succession Act – disqualification – dowry death
- Section 9 Arbitration Act & Section 52 of TP Act – Lis Pendense purchase
- TPA Health Insurance – Non-renewal of Registration
- Tweets – Defamatory – Due diligence by Social-media intermediary
July 2025
June 2023
- Directions of Election Authority to delete names of retired employees
- Compensation for permanent disability of child aged 9 years
- Consideration of agriculture income for motor accident compensation
- Gratuitous passenger – Traveling in goods carriage vehicle to attend marriage ceremony
- IT & IT Services New Policy of Government of Maharashtra
June 2024
- Amazon – NGT – Penalty for violation of Sewage Treatment Plant standards
- Appeal against order for registration of housing society is maintainable Sec.152 of MCS Act
- Arbitral Award – Contract is voidable at the instance of Contractor – NHAI
- Arbitral Award – Inadequately stamped – Cannot be enforced
- Arbitral Award – Unconditional stay – Interplay of two provisos to Section 36(3) of AA
- Arbitral Award based on Draft Supplemental Agreement
- Arbitral Award on domain name “Harvard” – Important Judgment of the Delhi High Court
- Arbitration – Claim for Specific performance – Limitation
- Arbitration – Costs on claimant prosecuting litigation from 2002 to 2024
- Arbitration & MSMED Act – Seat of Arbitration & Exclusive jurisdiction
- Arbitration in abeyance till operation of Moratorium under IBC
- Arbitrator – Powers to appoint Sole Arbitrator as against Agreement for Tribunal of 3 Members
- Biological relatives of adoptive child cannot claim inheritance to the property of adopted parents
- Changing the way Postman knocks – New Post Office Act 2023
- Commercial Courts – Jurisdiction – Hotel was not being used for trade and commerce
- Commercial Suit for recovery of fixed deposit from the Bank – Maintainability
- Compensation – Pay & Recover – Minor boy driving offending vehicle
- Compensation – Transmission Lines – Right of Way & Tower Base Area – new Guidelines
- Competition Commission of India – Salutary proposed changes to General Regulations
- Consumer complaint – Telecommunications services -Interesting case, facts and the relief
- Covid 19 – Police complaint, investigation and charge-sheet.
- Criminal Complaint – Section 24 of the Contract Labour, 1970, against the Bank
- Cyber fraud without OTP on customer’s mobile – Bank’s liability
- Cybercrime – 35 pre-paid SIM Cards obtained by the accused to cheat people
- Deemed Conveyance Certificate Vs earlier consent decrees between the parties
- Denial of medical expenses for want of initial consultation report, MRI and Xray.
- Dignity and modesty of a woman must be protected from all forms of defamation.
- Disqualification – Managing Committee Member having more than two children
- E-post Service of Court Summons / Notices – Bridging Digital Divide
- Entertainment duty on Cinema Award function & Penalty –
- Equal Remunerations Act – Violation by service provider -Criminal Complaint against Chairman of Wipro
- Flat – Transfer Charges by Developer on second sale is illegal
- Green belt Zone – Mutha river – Illegal structures – Right to Regularisation
- GST – Transportation of imported machinery from JNPT to own factory is not “supply”
- Home Loan – Loss of original documents of property by the Bank
- Home Loan – Add-on Insurance– Exclusion Clause neither furnished nor made aware to the insured
- IBC – Operational Debtor – Dues not disclosed by the CD and also not obtained by IRP / RP.
- Insurance – Compensation – Pay & Recover Principle – Exception
- Insurance – Fire – Cause – Whether short circuiting or self-combustion.
- Insurance Reforms – Empowerment of Policy Holder –Master Circular 19.6.2024
- Micro & Small Enterprise – Landmark Arbitration Platform for resolution of disputes
- Minor Child – Habeas Corpus Petition of father for custody & repatriation to USA
- Moratorium of US Bankruptcy Court not applicable in India
- Motor Accident – Low Vision Vs. Blindness – Claimant MBBS doctor
- Parents to pursue son’s petition for annulment of marriage after his death
- School Transfer Certificate – Retention for non-payment of school fees –
- Section 125 Cr PC – Interest on Maintenance & Arrears
- Section 138 of NI Act against Independent / Non-executive Directors, CFO
- Section 199A of the Motor Vehicles Act & Offence by Juvenile created is sui generis.
- Section 206(4) of the Companies Act, 2013 – Essential ingredients
- Section 63 of Bombay Tenancy Act, 1948 – Penalty & resumption of land
- Sections 41 and 52 of TP Act 1882 – Protection of Bona fide Purchaser and Doctrine of Lis Pendens
- Service Tax for land owner’s share under “construction of residential complex services”
- SEZ Developer as deemed a power distribution licensee – conditions.
- Slum Land – Compulsory Acquisition Vs preferential right of owner for redevelopment
- Surrogacy – Maternity / Paternity & Child care Leave – Central Govt employees
- Tattoo – Unfit for employment in Central Industrial Security Forces
- TV / Radio / Print / Internet Advertisements – Mandatory Self-declaration w.e.f 18.6.2024
- Uber / Ola – Cap on convenience fee – Surge / dynamic pricing / peak pricing
- UGC Distance Learning Regulations 2020 – NAAC accreditation parameters
- WhatsApp – Posts in private group of Employees – Disciplinary action
June 2025
- Accident Compensation – Allowances with pay package are income
- Arbitration Claim barred by limitation – Powers of Section 34 Court
- Dismissal – Misconduct in education department – Disciplinary inquiry by the High Court after appointment as Civil Judge
- Electricity – Mahavirtaran Amnesty – Payment of 100% theft amount by auction purchaser
- Medical Reimbursement under CGHS for Heart Transplant at the private hospital – Central Govt Pensioner
- Online Real Money Games – Restrictions of Time, Monetary Limit, Age Restriction or Aadhar verification
- Section 12 of the DV Act – Widow has right to reside in the shared household & matrimonial home
- Section 141 of NI Act – Vicarious liability of Directors for dishonour cheque of the Company
Latest
- (no title)
- : SC Upholds Boiler Claim of Sugar Factory : Insurer Cannot Repudiate Without Proof
- “Ghee” is “livestock” product – regulation and sale in the notified market areas – Interesting question – AP (Agricultural Produce and Livestock) Markets Act, 1966
- A Lesson in Due Diligence : Delhi HC on Unregistered Agreement and Arbitration
- A Win for Policy Holder – Delhi HC Restores Arbitral Award against Limitation Clause in Insurance Policy
- Access of Justice – Probono works- Role of Lawyers – Salutary Recommendations of 143rd Parliamentary Committee Report tabled in the Lok Sabha on 7.2.2024
- Accident – Contradictory stand of employer in disciplinary inquiry and in claim petition
- Accident – Contributory Negligence of Driver – A passenger is not a backseat driver.
- Accident – 100% permanent disability and mental disability – Salutary principles for compensation
- Accident – Compensation – Truck driver – Considerations to determine Income
- Accident – Death of Central Government Employee – If compensation can be reduced for compassionate appointment of daughter
- Accident – Reduction in compensation for filing IT Return after date of the incident – Illegal
- Accident compensation – Appeal or cross objection of claimant is not necessary for enhancement
- Accident Compensation – Court cannot sit over disability determined by Medical Board
- Accident Compensation – Deduction of Medical Insurance amount is not permissible
- Accident Compensation – Duty of the Court to award just compensation even if less valuation is made by the claimant
- Accident compensation – IT return income Vs. Notional income
- Accident Compensation – Learner’s licence of person driving the motor cycle
- Accident Compensation – Allowances with pay package are income
- Accident Compensation – Breach of Policy & Doctrine of Pay & Recover
- Accident Compensation – Contributory Negligence – Assessment
- Accident Compensation – Contributory Negligence – Site plan filed first time in the Supreme Court
- Accident compensation – Death of Victim disputed in view of Postmortem Report
- Accident Compensation – Income of Maritime Engineer
- Accident compensation – Loss of future income – Deduction that the appellants stepped into the business of deceased parents – Illegal
- Accident Compensation Must Reflect Professional Promise, Not Marks – Bombay HC on Third Year BHMS Student’s Accident Death
- Accident of BMW Car – Covered by Insurance Policy and also by BMW Secure Advance Policy for new car in case of more than 75% damage – Repudiation of claim
- Accident of tractor – death of coolie travelling in trailer – liability – Section 147(1)(b) – MV Act
- Accountability of Insurer for Delay – Pre-reference Interest
- Addition of Future Prospects to the Accident Claim Compensation is mandatory
- Admission – Allahabad University -No rules or the terms of eligibility could be added or changed after the notification was issued.
- Admission – Dental course – Online Uploading of documents – Lack of connectivity to the portal
- Admission to MBBS course – Non-creamy layer Certificate obtained on false and suppression of information and true facts.
- Advocate – Bank Panel of Advocates – Due Diligence of Title Reports – – Subsequently the title deeds were found fake – Negligence in discharge of professional duties –
- Advocates – License for drafting sale-deeds, etc and presentation before Sub-Registrar
- Age Bar in Surrogacy Act Not Retrospective – Supreme Court Upholds Reproductive Rights
- Agreement of 2015 for two years – Arbitration invoked in 2022 for claims 2019 to 2021.
- Agreement to collect octroi is an “lease instrument” to collect tax under Section 2(n)(ii) and liable to stamp duty under Article 36(i) of Sch.I of the Maharashtra Stamp Act.
- AI-Driven Growth – Maharashtra’s Vision & Roadmap 2026-2031
- Algorithms instruments of power – IT Intermediary
- Amazon – NGT – Penalty for violation of Sewage Treatment Plant standards
- Amended corrected Bank Guarantee – Mistake in submission of Bank Guarantee for tender
- Anti-Arbitration Commercial Suit for permanent injunction
- AP HC – UK Court Order for Custody of minor daughter Not Automatically Enforceable in India
- AP High Court – Commercial Suit – Order VIII Rule 1 CPC – WS filed before 120 days without condonation delay application
- Appeal against order for registration of housing society is maintainable Sec.152 of MCS Act
- Appearance of Advocate in VC hearing in a moving vehicle – undermines judicial process
- Appointment in Railway Protection Force – Denial based on pregnancy
- Appointment of Arbitrator at post-award stage – Duty of the Referral Court is onerous
- Arbitrability – Contract procured by fabricated documents
- Arbitrability and Dispute of Infringement of Copyright
- Arbitrability of Disputes arising out of post-expiry of Franchise Agreement and misuse of Intellectual Property Rights
- Arbitral Award – Breach of International Contract – Measure for Damages
- Arbitral Award – Claim barred by limitation – Sec.14(1) of the Limitation Act Exclusion of period of earlier proceedings – Patent illegality & Violation of Public Policy- Interference under Section 34 of AA –
- Arbitral Award – Delay in making arbitration reference
- Arbitral Award – Important question – Whether non-obstante clause in Section 18(1) & (4) of MSMED ACt, 2006, override arbitration agreement and venue of arbitration chosen by the parties?
- Arbitral Award – LLP vs. Partners
- Arbitral Award – MSMED Act – Delivery & Acceptance Date
- Arbitral Award – One Award applied in other 9 References and secondly, such an Award for specific performance of the agreement in respect of immovable property without its identity with certainty is illegal
- Arbitral Award – Powers of Executing Court – Unilateral appointment of Arbitrator
- Arbitral Award – Reimbursement of entry tax and increase in toll tax – Contract clauses bar fluctuations in taxes
- Arbitral Award – SC says No compound interest without contract
- Arbitral Award – Section 34 – One of the challenges was to the order dated 10.10.2022 dismissing application for additional documents after completion of oral evidence and arguments of the claimant.
- Arbitral Award – Transfer of Domain name – IN Domain Name Dispute Resolution Policy – National Internet Exchange of India (NIXI)
- Arbitral Award – Contract is voidable at the instance of Contractor – NHAI
- Arbitral Award – GT Engine Damage & Overhauling Claim
- Arbitral Award – Inadequately stamped – Cannot be enforced
- Arbitral Award – Indian Stamp Act – Powers of Executing Court
- Arbitral Award – Interest – Section 31(7)(b) of AA & Section 2(b) of the Interest Act, 1978,
- Arbitral Award – Legitimacy of trading – Absence of prior written consent – NSE Regulations
- Arbitral Award – Marine Salvage contract – Claim for idle time charges – Challenge to the Award in Section 37 appeal is not maintainable
- Arbitral Award – Service – Delay of five months in collecting copy of the Award – Section 31(5) AA
- Arbitral Award – Unconditional stay – Interplay of two provisos to Section 36(3) of AA
- Arbitral Award based on contractual breaches (failed purchase order) will be upheld unless patently illegal – Bombay HC
- Arbitral Award based on Draft Supplemental Agreement
- Arbitral Award Delivery Delay is not a mere procedural lapse but erodes the ltigitmacy of the Award.
- Arbitral Award for compensation of 3 months as against 17 months for remaining lock in period of lease
- Arbitral Award in the nature of money decree – Stay – Interplay of Sections 36(3) and 37 of the Arbitration Act and guiding principles
- Arbitral Award of Arbitrator unilaterally appointed is nullity even if the respondents did not appear and even if no objection is taken by the respondents
- Arbitral Award of Damages for Loss of Profit on short closure of the contract
- Arbitral Award of Rs.1354 crores in favour of Reliance Infrastructure upheld by the Calcutta High Court
- Arbitral Award on domain name “Harvard” – Important Judgment of the Delhi High Court
- Arbitral Award Quashed – Non-existing Arbitration Agreement
- Arbitral Tribunal has powers to implead a non-signatory as party to the counter claim
- Arbitration – Application under Section 8 of the AA read with Section 151 of CPC for dismissal of civil suit in view of arbitration clause –
- Arbitration – Section 34(3) – Limitation – Award of Institutional Arbitration – Different dates of receipt of Majority and Dissenting Awards – Calculation of Limitation
- Arbitration – Claim for Specific performance – Limitation
- Arbitration – Contractual dispute does not become non-arbitrable because it involves serious fraud.
- Arbitration – Costs on claimant prosecuting litigation from 2002 to 2024
- Arbitration – Disputes between partners of LLP
- Arbitration – Enforcement of Foreign Award – Jurisdiction of the Court – Asset of Debtor
- Arbitration – Expiry of Lease Deed
- Arbitration – Interim Award / Order to implead non-signatory respondents to arbitral proceedings – MOU permitted non-signatory to invest in the projects and perform contract.
- Arbitration – Legality of condition of pre-deposit for initiation can be considered by the Court in Section 11(6) of AA application
- Arbitration – Non-signatory party but Respondent Nos.3 to 5 are vertical party to the loan agreement and connected with loan documents & transaction –
- Arbitration – Non-signatory purchaser of property
- Arbitration – Objection to exhibiting documents should be decided then and there instead of postponing.
- Arbitration – Observations of Supreme Court – Eye opener on Arbitral Process
- Arbitration – Patent illegality in passing Award without deciding questions of fraud
- Arbitration – Preliminary issue of limitation decided on the basis of demurrer
- Arbitration – Principal of business efficacy” to interpret commercial contract
- Arbitration – Scope of powers under Section 37 including remand
- Arbitration – Seat & Venue – Multi-jurisdictional clauses of the Agreement
- Arbitration – Section 11 – Limitation – Delay of six years in making application for appointment – Whether Section 21 notice or claim for repayment is time barred
- Arbitration – Section 11 – Parties agreed for arbitral institution which insists for its membership – Important question whether arbitral institution can insist for such membership
- Arbitration – Section 11 of the AA – Directors, who are not party to the Arbitration Agreements cannot be made party – SC Judgment in Cox and Kings Ltd case is distinguished.
- Arbitration – Section 17 – Interim stay to the termination of Development Agreements
- Arbitration – Section 34 Petition – Territorial jurisdiction & Section 42 AA
- Arbitration – Section 37 – Question of law can be raised in appeal for the first time
- Arbitration – Service of Award – Requirements of Section 31(5) of the AA
- Arbitration – Termination of License Agreement of SBI Card for its Mobile App – Transition period of 12 months – Interim protection to prevent interruption of services
- Arbitration – When Guarantee Deeds Echo Loan Agreement
- Arbitration – Whether new partner of the firm is a necessary party
- Arbitration – Bar of Section 42 – Territorial Jurisdiction
- Arbitration – Collaboration & Tripartite Agreements with Veritable Party
- Arbitration – Letter of Intent – Two Contract Case – Amenability to arbitration proceedings
- Arbitration – MSME Registration after conclusion of the contract
- Arbitration – Section 11 – Section 19(2)(a) of the Partnerships Act – Invocation of arbitration by one set of partners of the partnership – Notice is defective
- Arbitration – Section 37 – Issues never canvassed before the Arbitrator and in section 34 petition cannot be raised afresh in appeal
- Arbitration – Section 8 – Arbitration clause in tripartite agreements was basis for subsequent agreements challenged in the civil suit
- Arbitration – Section 84 of Multi State Coop Societies Act
- Arbitration –Maintainability of Section 9 Application against MSME
- Arbitration & Bilateral Investment Treaty of UK and India
- Arbitration & Compensation Claim of Employer – Resignation before stipulated period
- Arbitration & MSME Act – services given after registration as micro enterprise
- Arbitration & MSME Act 2006
- Arbitration & MSMED Act – Seat of Arbitration & Exclusive jurisdiction
- Arbitration & Non-signatory successor company of erstwhile lender merged company
- Arbitration Act – Execution of Arbitral Award – Failure of Award Debtor to appear in Court – Important Directions of the Bombay High Court for attachment of Bank Accounts and non-bailable warrant.
- Arbitration Act – Mandate of Arbitrator – Sections 29A(4) and (5) – Court has powers to extend mandate of Arbitrator and extend time retrospectively even after award was passed – Kerala High Court
- Arbitration Act – Section 34 – Appeal – Delay in filing – Mandatory duty of the District Judge to inquire and find out the date when copy of Arbitral Award was received to record finding on delay.
- Arbitration Act – Section 9 interim relief after termination of the Agreement
- Arbitration Act – Sections and 8(2) – Certified copy of the original Award attested by Notary Public fulfills the mandatory requirement to refer the dispute in the civil suit to arbitration – Calcutta High Court
- Arbitration Act – Sections 15, 16 and 29A(4) – High Court’s powers to interdict arbitral proceedings under Articles 226 or 227 of the Constitution of India if Arbitrator wholly lacks jurisdiction
- Arbitration Act, 1996 – Section 34(3) – Delay in filing Section 34 petition – Service of Arbitral Award on the “party” is essential – “Party” does not include “agent or advocate” of the parties.
- Arbitration Agreement – Acquittal of offence under Section 138 of the Negotiable Instruments Act, 1881, since nature of dispute is civil and without approaching arbitrator, complaint is not maintainable.
- Arbitration Agreement – Section 11(6) – Change of employer
- Arbitration and Fall Clause in the agreement to reduce price
- Arbitration cannot be invoked by few members of a housing society
- Arbitration Claim barred by limitation – Powers of Section 34 Court
- Arbitration Clause & Post Decree Disputes – Bombay HC Draws Line
- Arbitration Clause in original contract perishes with it subsequent to the settlement agreement foreclosing earlier contracts between the parties
- Arbitration Costs Award – Principles and Practice – Bombay HC Reduces Costs of Rs.1.6 crores to Rs.25 lakhs .
- Arbitration for adjudication of Industrial Disputes – Informative in-depth analysis of mechanism by two distinguished Advocates of the Bombay High Court
- Arbitration for employment disputes
- Arbitration in abeyance till operation of Moratorium under IBC
- Arbitration of Promoter after Deemed Conveyance
- Arbitration Survives Allegations: Bombay HC on Fraud, Fairness and Finality
- Arbitration Survives Company Governance Gaps : Bombay HC
- Arbitration Survives FIR & Criminal Complaint – Bombay HC Reinforces Limited Judicial Interference.
- Arbitration Vs Criminal Proceedings
- Arbitration Vs Limitation period
- Arbitration Vs. Maritime Claim – Admiralty Act 2017 – Distinction between action in rem and in personam – Interim order for Arrest and Detention of Ship for non-payment of Dues of plaintiff
- Arbitration Win for Seller – Market Escalation & Buyer’s Inaction Proved Decisive
- Arbitrator – Appointment by ad invitum & proviso to Section 12(5) of AA
- Arbitrator – Challenge to his impartiality based on Google Search
- Arbitrator – Ineligibility for non-disclosure of representation in the High Court for one of the parties to the arbitration – violation of mandate of Section 12 of AA – Award was set-aside.
- Arbitrator – Legitimacy of Non-Lawyer Arbitrator – Principal of a College
- Arbitrator – No powers to implead non-signatory third party to arbitration proceedings without consent
- Arbitrator – Powers to appoint Sole Arbitrator as against Agreement for Tribunal of 3 Members
- Arbitrator – Has no powers to recall & modify Award
- Arbitrator & Principles of Equity in contractual matters.
- Arbitrator Appointment – Joint application or clubbing of applications is not maintainable
- Arbitrator appointment Vs MSMED Act 2006
- Arbitrator Fees – separately for the claim and separately for each counter claim in the dispute – Notification 31.10.2023 of the Bombay High Court
- Arbitrator Fees – Unilateral fixation and rejection of counter claim for non payment of fees
- Arbitrator Independence and Law Firm Briefings – Limits of Section 32(3) Categories
- Arbitrator’s Continuation Impermissible After Mandate Ends – Rules Supreme Court
- Arrest – Grounds given to the father who made complaint against the accused
- Arrest – Non-compliance with section 47(1) of BNSS – Remand is illegal
- Arrest & Detention by the Police – Important Circular dated 21.10.2023, check list for Police Officers and Guidelines of the Bombay High Court
- Arrest of Woman Accused after sunset – Section 46(4) of Cr PC & Article 21 of the Constitution
- Article 19 is citizen centric & American Social Media Platform cannot seek protection
- Article 20(1) of the Constitution of India – Conviction under Sec.16(1)(a)(I) read with Sec.7 of the Prevention of Food Adulteration Act repealed by Food Safety and Standards Act, 2006 – Benefit of lesser punishment under new law
- Article 36 of the Maharashtra Stamp Act – Stamp Duty on “renewal of a perpetual lease”
- Artificial Intelligence – Policy Brief of 12.12.2023 – Comprehensive, Informative, Illustrative study and analysis by PRS India Legislative Research
- Atrocities Act – Section 15A – Rights of the victims and witnesses – Video recording of all proceedings relating to the offences including bail proceedings is mandatory
- Atrocity Act – Bail to the accused without notice to the victim – Illegal – Landmark decision of the Delhi High Court – Appeal under Section 14A(2) of SC & ST Act allowed – Essential to make victim as party in the proceedings.
- Award – Objection in execution petition for non-service of signed copy of the award
- Award Must Resolve, Not Recycle Disputes : SC on Arbitrator’s Indecisiveness
- Award of Rs.178 crores lost for Excluding a Necessary Party
- B.Ed. qualification for primary teacher post
- Bank Account – blanket freezing at the instance of police without qualifying amount and perpetually is illegal
- Bank Accountable for Failure to timely Re-present Cheque
- Bank and Pygmy Agents – Application of EPF Act –
- Bank Locker – Son of deceased bank customer seeking information -RTI Act 2005
- Bank Locker – Theft – Liability of the Bank
- Bank official is not entitled to protection of Sec.197 Cr PC
- Banks Vs. Home Loan Borrowers Vs. Return of original documents after loan is fully paid = Hardship & Inconvenience
- Basement godowns converted in Bar Restaurant, liquor shop & gambling den in Pune Cantonment area
- Beyond Clause – Why MSMED Act Determines Seat of Arbitration
- Beyond Formal Equality : Delhi HC on Disability, Appointment, Confirmation and Relaxation
- Bhopal Gas Tragedy – Web Series – Stay sought by two former managers of Union Carbide Co and Right to pre-screening
- Bill of Entry – Mistake of importer in giving incorrect GSTN number can be corrected under Section 149 of the Customs Act 1962
- Biogas Blending mandatory with piped natural gas supplies – Roadmap for greener future and sustainable energy
- Biological relatives of adoptive child cannot claim inheritance to the property of adopted parents
- Blacklisting of contractor for three years for breach of contract
- Bobay HC – Change of Ownership Justifies Reassessment of Property Tax & Ratable Value
- Bombay HC – Disclosure Obligations of Arbitrator under 1996 Act do not apply to 1940-Act Arbitrations.
- Bombay HC – Magistrate has no Powers to Order YouTube Takedowns in Defamation videos
- Bombay HC Clarifies Membership Law – Unregistered Transfers Cannot Confer Housing Society Rights and Ownership
- Bombay HC Quashes Deemed Conveyance – Prior Civil Suit Unconditional Withdrawal Bars Fresh Application of Society under Section 11 MOFA.
- Bombay HC – Arbitral Award Section 84 of the Multi State Cooperative Societies Act 2002
- Bombay HC – Deemed Conveyance – Pendency of the Civil Suit –
- Bombay HC – Delay of 258 Days in Section 11 Petition Condoned under Section 5 of the Limitation Act
- Bombay HC – Doctrine of Severability Applied to Arbitral Claims and to Split the Arbitral Award in Arenel case
- Bombay HC – Employees appointed prior to 31.10.2005 in the partially aided division of 100% aided schools – Old Pension Scheme under MCS Pension Rules 1982
- Bombay HC – FSI Purchase Price Refundable Despiteid Termination of Development Agreement – Section 64 of the Contract Act
- Bombay HC – Interpretation of NRI / OCI Quota in PG Medial Admission
- Bombay HC – Majority Arbitral Award – Mumbai Metro One Project – MMRDA
- Bombay HC – MMRDA & Mumbai Metro One Project – Severance of Arbitral Award
- Bombay HC – Mumbai Cricket Association bound to Arbitration in T20 Mumbai League Dispute
- Bombay HC – Mumbai Metro One Project Arbitral Award – Change of Scope
- Bombay HC – NHAI acquired land – Compensation for easementary loss to petrol pump business
- Bombay HC – No Damages for Defaulting Developer, But FSI Cost Must Be Returned under Section 64 of the Contract Act
- Bombay HC – No Powers of Substantive Review of Deemed Conveyance under MOFA.
- Bombay HC – Non-signatory member of society cannot be forced to arbitration under Development Agreement
- Bombay HC – OC Issued But No Water – Home Buyer Still Gets Interest for Delayed Possession under RERA
- Bombay HC – Rights of third Party purchasers of earlier developer against society
- Bombay HC – Section 10 of the MOFA – Rejection of Application of the Society for Deemed Conveyance – Illegal
- Bombay HC – Section 11 – Fresh Arbitration & New Arbitrator – Section 43 Limitation – Share Purchase Agreement
- Bombay HC – Section 11 MOFA – Deemed Conveyance – Common Areas, Roads & Gardens
- Bombay HC – Section 127 of MRTP – Deemed Lapsing of Land Reservation
- Bombay HC – Section 154B-5 – Basement & Parking Area outside FSI and Sanctioned Plan
- Bombay HC – Section 17A of the Prevention of the Corruption Act – Cannot Be Misused as shield in Disproportionate Assets Case – Role of Competent Authority is limited
- Bombay HC – Section 85-B of the ESI Act, 1948 – Damages
- Bombay HC – SEZ in Kharadi, Pune – SEZ State Policy of 2001 for Exemption of Taxes – Demand of Octroi Refund to PMC
- Bombay HC – Stock Broker uploaded incorrect PAN details causing inability to pledge shares under MTF and loss to the investor on account of auction of shares by Stock Exchange
- Bombay HC – Acquittal in bribery case does not guarantee full salary for suspension period – Employer not liable for employee’s bribery prosecution
- Bombay HC – Adoption of Abandoned Child under Juvenile Justice Act & HAMA Ensures Equal Caste Entitlements
- Bombay HC – Arbitral Award by Ineligible Arbitrator Cannot Be Enforced as Legal Decree
- Bombay HC – Arbitration – No damages without Proof of Loss
- Bombay HC – Arbitration Section 11 Petition dismissed, Constructive Res Judicata Applies to AAI
- Bombay HC – Assignment of Leasehold Rights in MIDC Industrial Plot Not Taxable as Service under GST
- Bombay HC – Award for Severance, Loss of Business and Loss of Easementary Rights – Section 3G(5) of the NH Act & Section 37 Arbitration Act
- Bombay HC – Back wages Not Automatic – Require Proof of Employment
- Bombay HC – Bank Must Pay to Illiterate Widow for Negligence in Joint Account Fraud
- Bombay HC – Bombay HC – POSH Inquiry Report carries full weight as Inquiry Report for major penalty
- Bombay HC – Brokerage Agreements are binding and NSE Circular cannot retroactively invalidate them
- Bombay HC – Change in Shareholding by disinvestment is not transfer of land of State Government
- Bombay HC – Charity Commissioner has no power to direct change of Trust Name – Section 70A of the Maharashtra Public Trusts Act – Deletion of the word “National” – Suo Motu Proceedings
- Bombay HC – Circular of 24.1.2023 on Land Acquisition Compensation Invalid
- Bombay HC – Collector’s Powers under MLR Code Affirmed – Gairan Land Validly transferred to MHADA for affordable housing
- Bombay HC – Commercial Suit – Strict 120-Day Limit for Filing Written Statement
- Bombay HC – Composite Contract Doctrine Applied – Arbitration Clause in Retirement Deed Governs Disputes Across Entire Transaction and the MOU
- Bombay HC – Denial of Security Clearance to foreign JV Partner for CIDCO tenders, based on national security inputs, cannot be judicially overturned on ground of arbitrariness.
- Bombay HC – Departmental inquiry must be evidence – based, FIR Registration alone is not sufficient.
- Bombay HC – Developer Cannot Unilaterally opt for Condominium – Cooperative Housing Society Registration by members Upheld
- Bombay HC – Development Agreement – Illegal Termination Does not Guarantee Specific Performance – Upheld Arbitral Award for possession of the trust property to Shri Mahavir Jaina Vidyalaya Trust.
- Bombay HC – Development Agreement Disputes are fully arbitrable – No bar of Small Causes Court Jurisdiction
- Bombay HC – Disability Pension Protects Military Personnel Through Socio-Economic Justice
- Bombay HC – Duty of Diligence on Insurer in Policy Portability
- Bombay HC – Executive Instructions of Circular issued under Rule 44(1)(i) of the Maharashtra Registration Rules cannot override Sections 34 and 35 of the Registration Act, 1908
- Bombay HC – Highway Arbitral Award – Belated Evidence by NHAI Cannot Undo arbitral award in Land Acquisition Compensation case
- Bombay HC – Honesty in Undertakings for Full Disclosure of Antecedents of Blacklisting or Debarment is Non-Negotiable
- Bombay HC – Informal Minutes cannot Alter BOT Agreement Terms in Infrastructure Contracts
- Bombay HC – Interim Measures under Section 9 Arbitration Act and Return of Title Deeds
- Bombay HC – Limits of Interference by University Tribunal in Disciplinary Penalty and Findings of Enquiry Officer
- Bombay HC – Membership Rights are statutory traceable to the MCS Act, Rules and the Byelaws -Cannot be Refused without sufficient cause.
- Bombay HC – MMRDA cannot replace monetary compensation with TDR without consent, for the acquired land.
- Bombay HC – Monetary Claims Cannot Block Membership of Cooperative Housing Society
- Bombay HC – No Escalation & No Claim Clause Cannot Shield Employer’s Breach – Arbitration Award Upheld
- Bombay HC – No Membership of Housing Society Unless “Flat” is in the Sanctioned Plan.
- Bombay HC – Nominee’s Membership in Housing Society Valid – Succession Disputes of Legal Heirs Must Go to the Civil Court
- Bombay HC – Once Section 11 of MOFA is applied, the society must receive the promoter’s actual estate – Leasehold or Ownership under the Development Agreement
- Bombay HC – Ownership of Basement & Parking alone does not qualify as “flat” for membership of a housing society.
- Bombay HC – Pending divorce petition alone cannot deny Widow’s right to family pension.
- Bombay HC – Powerful Precedent for Teachers’ Welfare and Compassionate Interpretation of Medical Reimbursement Scheme for Son’s Illness
- Bombay HC – Prior Sale Deed Prevails Over Subsequent Bank Attachment – Bona Fide Purchaser Protected – Rule 107 of the MC Societies Rules
- Bombay HC – Promoters Allotted Flats in lieu of consideration of Development Agreement Must Pay Maintenance Charges Like Any other Member
- Bombay HC – Protects Developers and Purchasers from Indenitie Revival of Stamp Duty Deficit Demand
- Bombay HC – Purchasers of refuge areas sold as flats cannot claim society membership – statutory safety spaces are non-saleable.
- Bombay HC – Quashes Staggered Salary Payment for Assistant Teacher transferred to aided post in private school
- Bombay HC – Railway Employee Death – Compensation – Valid Railway Pass Ensures Bonafide Passenger Status, Even Off Duty
- Bombay HC – Registered Consent Decree of Civil Court is Binding on Revenue Authority for Mutation
- Bombay HC – Registrar’s Role under Section 154B-27 of MC Societies Act is Enforcement, Not Adjudicationi of Ownership or Membership
- Bombay HC – Registration of a cooperative housing society cannot be cancelled merely because other wings of the project are incomplete
- Bombay HC – Rejection of Application for Deemed Conveyance citing (i) illegible sanctioned building plan and (iii) developer’s lack of title without land owner’s consent, is illegal
- Bombay HC – Returning Revision Memo for Non-deposit Unsustainable – Section 154(2A) of MC Societies ActB
- Bombay HC – SARFAESI Auction Cannot Be Finalized During IBC Interim Moratorium
- Bombay HC – SEBI Circular on Pre-trade Confirmation Cannot Shield Investors from Authorized Trading Losses
- Bombay HC – Section 314 MMC Act – Notice Must Identify Breach of Sections 312, 313 or 313A.
- Bombay HC – Section 35 of the MC Societies Act must be used only in clear cases of destructive conduct, not to suppress accountability.
- Bombay HC – Section 9 – Post-Award Interim Reliefs Must Aid Enforcement of Foreign Award, Not Expand it against Third Party
- Bombay HC – Section 9 Interim Relief Denied to Developer Seeking Profiteering Advantage
- Bombay HC – SRA Grievance Cell Must Mediate, Not Litigate – Mediation Training is imperative
- Bombay HC – Suppression of Insolvency in the tender process amounts to fraud invalidating the contract and consequently the arbitral award.
- Bombay HC – Tender Bid Evaluation is a continuous process culminating in the work order.
- Bombay HC – Termination Disputes Outside Section 91 of the Maharashtra Coop Societies Act – Reaffirms Supreme Court Precedent
- Bombay HC – Termination for Disability while in Service is illegal under Section 47 of the PwD Act.
- Bombay HC – Third Parties Need Not Pre-Deposit Under Section 18 of the SARFAESI Act
- Bombay HC – Unilateral Arbitrator Appointment Invalid – Award Nullity and No Estoppel Applies
- Bombay HC – Writ Court cannot reopen time-barred RERA refund order in view of subsequent SC judgment
- Bombay HC Affirms Eligibility – Linked Electricity Duty Exemption for Mega Projects in JSW Steel case
- Bombay HC Clarifies – Section 29A Timelines Do Not Apply to National Highways Arbitration
- Bombay HC Clarifies – Absence of Irrevocability Clause in the Trust Deed Cannot Justify Denial of Renewal of Charitable Trust Registration
- Bombay HC Clarifies – Authority’s findings do not bind Civil Courts in Deemed Conveyance Disputes
- Bombay HC Clarifies Claims for Escalation of Costs and Running Account Bills of the Contractor
- Bombay HC Clarifies Divide – Institutional Arbitration Vs. Unilateral Appointment
- Bombay HC Clarifies Limits of Section 9 in Enforcement of Foreign Award of Singapore Maritime Arbitration
- Bombay HC Clarifies Scope of Section 11 of MOFA – Writ Court Cannot Resolve Ownership Claims or Objections of the Owner to the Deemed Conveyance on the ground of title claims
- Bombay HC Clarity on Deemed Conveyance – Rights of Housing Society over Developer Perpetual Rights
- Bombay HC Clears MHADA Redevelopment – Waiver of Consent of Housing Society Upheld
- Bombay HC confirms closure of hotel and eviction under Section 18(1) of PITA Act without conviction
- Bombay HC Confirms Cost Overrun Claims in Arbitral Award of Interior Contract against Bank of India
- Bombay HC Confirms that the Cooperative Housing Society is not subject to industrial or commercial labour law obligations.
- Bombay HC Confirms Unauthorised Trading and Arbitral Award
- Bombay HC DB Important Judgment on Res Judicata, Narrow Public Policy and Corporate Veil Principles Strengthens Foreign Award Enforcement
- Bombay HC Declines Arbitration Control – Telangana Plant Insurance Dispute
- Bombay HC Draws Line Between Residential and Educational Licenses for the Rent Control Act
- Bombay HC Ensures Compensation for Covid Death of Court Employee
- Bombay HC Equal Pay for Equal Work – Employees of Gram Panchayats absorbed in Municipal Corporation
- Bombay HC Flags Gaps in MSME Arbitral Award – Fabricated Invoices & Post-Dated GST Returns
- Bombay HC Flags IBC Misuse to Stall SARFAESI Enforcement
- Bombay HC Full Bench – Section 127 of the MRTP Act – Purchase Notice – Fresh Reservation in the Revised Development Plan
- Bombay HC Holds Rule 9 of MOFA Rules Overrides Clauses of Developer Agreement
- Bombay HC Invoked Section 144 CPC for Interest on Delayed IGST Refund
- Bombay HC Message to Market Arbitral Tribunals – Arbitral Awards must be evidence-based
- Bombay HC on Arbitral Award in Architecture Bills Dispute
- Bombay HC on Crystalizing Boundaries for Common Layout Land Measurement in Deemed Conveyance of one Society
- Bombay HC on Eligibility for the post of Nurse / Health Worker (Female) – Qualifications of General & Nursing Midwife & B.Sc. (Nursing)
- Bombay HC on Jumpin Dispute : Arbitral Award must be Reasoned, Not Generous
- Bombay HC on Limits of Arbitration Referral in Mumbai Metro Line Dispute of Settlement Agreement
- Bombay HC on Share Trade Confirmation over Procedural Gaps
- Bombay HC Protects Cooperative Society Democracy : Supersession of Housing Society Committee set-aside
- Bombay HC Protects Right to File Revision under Sectio 154(2A) of MC Societies Act – Pre-deposit requirement Applies Only to Hearing
- Bombay HC Quashed Rs.200 crores Arbitral Award against Thermax
- Bombay HC Quashes DPC Order, Restores 2024 Seniority list for promotion to the post of Superintending Engineer in Pune Municipal Corporation.
- Bombay HC Quashes GST Demand on Assignment of Leasehold rights of Industrial MIDC Plot
- Bombay HC Quashes Mutation Entry Declaring College Land as Private Forest – Mahindra United World College Case
- Bombay HC Quashes Registrar’s Order Allowing Independent Shop Society without bifurcation of existing society
- Bombay HC Reaffirmed that Deemed Conveyance is a Statutory Right of flat purchasers when promoters fail to execute conveyance.
- Bombay HC Reinforces autonomy of flat buyers to form own society in the area of parent society
- Bombay HC Reinforces MOFA disclosures and sanctioned plans govern conveyance scope
- Bombay HC Reinforcing Arbitral Autonomy in Real Estate Development Contracts
- Bombay HC rejects Discharge Plea of Karvy CEO in SEBI Case
- Bombay HC Rejects Enemy Property Claim for want of Evidence
- Bombay HC Restores Elected Trustees – Quashes Administrator Order in Shani Shingnapur Trust
- Bombay HC Revives Arbitral Award against TMC and Restricts Section 34 Court Interference
- Bombay HC Rules – Composite Mortgage Deed for Multiple Loan Agreements Constitute Distinct Transactions for Stamp Duty
- Bombay HC Rules Agreement to Lease of CIDCO Plot Attracts only Agreement Stamp Duty of Article 5 & Not Article 36
- Bombay HC Ruling – Committee of Housing Society cannot Function below Statutory Strength.
- Bombay HC Set Aside Arbitral Award of Rs.2 crores against Stock Broker for ignoring Investor’s admissions.
- Bombay HC Simplified New Promoter Transition for Consent Rule
- Bombay HC Strengthens Insurance Law – Non-Forfeiture Clause Protects LIC Policyholders
- Bombay HC Strikes Down Arbitrary Order for Test Audit of Coop Society
- Bombay HC Strikes Down Denial of Promotion for Higher Scale based on uncommunicated adverse remarks
- Bombay HC to Arbitrator : Stick to the Contract, Not the Committee Minutes
- Bombay HC Upheld Arbitral Award of Rs.7.39 crores on dissolution of partnership firm of developers & rendition of accounts
- Bombay HC Upholds Arbitral Award against HPCL – Termination of Contract Declared Illegal
- Bombay HC Upholds Arbitral Award against Securitrans India in ATM Cash Theft Case
- Bombay HC Upholds Arbitral Award Partly in Mumbai Metro-1 Dispute – MMRDA’s Section 34 Challenge Partly Fails
- Bombay HC Upholds Award of Morya Infrastructure in Road Development BOT Contract Dispute & Toll Collection
- Bombay HC Upholds Binding Surrender of Housing Society Land to Pune Municipal Corporation
- Bombay HC Upholds Disqualification of Housing Society Committee Members for Failure to Supply Documents
- Bombay HC Upholds Estate Officer’s Eviction and Damages Order under Public Premises Act
- Bombay HC Upholds PMC’s Power to Levy Licence Fees on Sky Signs and Hoardings.
- Bombay HC Validates CIDCO’s Cancellation of Vashi Plot Tender in Public Interest
- Bombay HC’s Big Call for Developers & Societies on TDR, FSI, DRC & Registration
- Bombay High Court – Important Judgment – Surrogacy – Legality of new stipulation in Rule 1(d)(I) of Rules prohibiting donor gametes
- Bombay High Court – Important questions on Sections 40, 41A and 50 of the Code of Criminal Procedure
- Bombay High Court – Order under Section 32(2)(c) of the Arbitration Act is not an award
- Bombay High Court important ruling on considerations for computation and condonation of delay –
- Bombay High Court importing ruling on considerations for computation and condonation of delay –
- Bombay Police Act – Public Entertainment License – Requirement of Parking for Licence to run Video Parlour – Rules of Licensing for Public Entertainment
- Bombay Rent Act – Right to inherit tenancy after the death of tenant – Landlord-tenant relationship subsists even after death of tenant
- Bombay Stock Exchange – Arbitral Tribunal – Award for Share Trading Dues
- Bulk Water Tariff Orders – Godavari River – Classification of Industries for different tariffs.
- Calcutta HC – Arbitration – Amendment must be timely & justified
- Calcutta HC – Maintenance Tribunal Cannot Order Eviction from the Property under the Senior Citizens Act
- Cancellation of GST registration without assigning reasons in the show cause and the order – Illegal
- Cantonment Area of Pune – Unauthorised Constructions in Red Zone
- Captive Electricity Generating Plant and Captive User – Interpretation of important issues by the Supreme Court
- Caste Certificate – Jurisdiction of the Competent Authority of place of ordinary residence or place of birth – Rule 5(1) of the Maharashtra Regulation of Issuance and Verification of Caste Certificate Rules, 2021 –
- Caste Certificate annulled and retiral benefits denied – Supreme Court exercised the powers under Article 142 of the Constitution to grant the pension benefits.
- Caste Scrutiny Committee – Costs imposed by Bombay High Court
- CGST Act – GST Input Credit of Goods & Services in the Construction of Malls for rental income
- Change of user of premises from residence of employee to guest house for employees – Public Premises Eviction Act 1971
- Changing the way Postman knocks – New Post Office Act 2023
- Charge-sheet – Quashing on account of settlement – Cost of Rs.25,000 to the Government Pleader’s Library
- Charge-sheet – documents / material produced by accused and also seized during investigation were not filed – Sections 91 and 173(5) of Cr PC
- Chartered Accountants – Restrictions of ICAI on number of statutory tax audits
- Child – dispute for custody – Child staying with father reluctant to go with the mother and even to talk to her – Efforts of the Supreme Court and numerous efforts of Amicus Curiae for mediation should be lauded.
- Chronology Matters – Bombay HC on Competing Housing Society Registrations under Section 10 MOFA
- Circular of Goa Government that performance of musical works at ceremonies does not violate Copyright Act is illegal
- Civil Dispute Vs Criminal complaint for breach of contract
- Civil property dispute converted in criminal case – Abuse of court process
- Civil Suit against Insurance Company for damages to the owner’s vehicle is maintainable and bar of Section 175 of the MV Act is not applicable.
- Climate Change “Wrinkles Are Good” – Interesting and Important Salutary initiative of CSIR for its staff to avoid ironed clothes on Mondays –
- Collateral lies Don’t Void In Coverage – PH HC on Insurance Repudiation
- Commercial “Dispute” – Claim against third party and based on tort for damages
- Commercial Court – Jurisdiction – Counter Bank Guarantee governed by Egypt Laws
- Commercial Court – Jurisdiction – every dispute of property and MOU for development of property per se is not “commercial dispute”
- Commercial Courts – Jurisdiction – Hotel was not being used for trade and commerce
- Commercial Courts Act, 2015 – Salutary Amendments – Bill of 2024
- Commercial Courts Act, 2015 – Term “Used” including the expression “capable of being used” in Sec.2(1)(c)(vii) denotes “actually used” and it cannot be either “ready for use” or “likely to be used” or “to be used”.
- Commercial Suit – Order XIIIA CPC – Transfer of ITC shares
- Commercial suit against foreign residents – Section 20(c) CPC – Jurisdiction & Private International Law
- Commercial Suit for recovery of fixed deposit from the Bank – Maintainability
- Commercial Suit of Multi-Commodity Exchange of India for recovery – Limitation
- Commercial Use without OC – Bombay HC Says No Relief, No Excuse
- Compassionate appointment – employee bedridden and under medical invalidation
- Compassionate appointment of third born after cut-off date
- Compensation – Accidental Death of retired employee – Deduction of Family Pension is not permissible
- Compensation – Application of “Split Multiplier” for reduction in loss of dependency – pre & post-retirement income
- Compensation – Court can grant more compensation than claimed in the petition
- Compensation – Major sons and married entitled as legal heirs of deceased victim
- Compensation – Motor Accident Claim – Dependency compensation – IT Returns cannot be the sole basis for determination of compensation under MV Act. Salary Certificate VS Income Tax Return
- Compensation -loss of original title deeds by the Bank
- Compensation – Assessment, IT Deductions, Allowances & Multiplier – Lessons from the SC Judgment
- Compensation – Claim for Loss of Dependency by major son & daughter not dependent on the income of deceased mother
- Compensation – Pay & Recover – Minor boy driving offending vehicle
- Compensation – Transmission Lines – Right of Way & Tower Base Area – new Guidelines
- Compensation determined by the Court even if more than claimed can be granted
- Compensation Does not Die – SC Judgment Redefines Rights of Legal Heirs of Accident Victim
- Compensation for damaged car – Tortuous liability
- Compensation for domestic violence – Section 22 of the Domestic Violence Act, 2005 – If it would relate to degree of domestic violence or financial status of the guilty party
- Compensation for loss on account of domestic services – accidental death of working woman – Important Judgment
- Compensation for purchase of Prosthetic Limb & Maintenance
- Compensation in foreign currency – Exchange rate on the date of accident or filing petition
- Competition Commission of India – Salutary proposed changes to General Regulations
- Compulsory Retirement of Junior Engineer – Pune University – Maharashtra Non-Agricultural Universities & Affiliated Colleges Standard Rules, 1984.
- Concealment of Medical Unfitness Vitiates Appointment
- Consolidation Scheme was challenged after 50 years and that too, in appeal under Section 247 of MLR Code – Order allowing application for condonation of delay in filing appeal.
- Constable in Railway Protection Force is a “workman” under Employees (Workmen) Compensation Act 1923.
- Consultant Doctor is not employee of Private Hospital – TDS Clarification
- Consumer -Rs.5 lakhs invested in the partnership firm – Commercial transaction for profit / gain – Claim against legal heirs of deceased partner
- Consumer – Chit Fund Company – Whether a “consumer” and whether its “service” was for “commercial purpose” – Important questions – Landmark Judgment of the Supreme Court
- Consumer – Company Car Use by Director – Whether for commercial purpose
- Consumer complaint – Telecommunications services -Interesting case, facts and the relief
- Consumer Complaint – Defects in the Flats construction – Joint liability of Developer & land owners
- Consumer Complaint of Devotee – Tirumala Tirupati Devasthanams
- Consumer Forum Overreach – Bombay HC Says Not So Fast
- Consumer Protection Act – Flat Agreement – Interpretation of terms and conditions – Claim of hume buyers for refund of amount on termination of agreement – NCDRC however directed to give possession
- Consumer Protection Act – Insurance Policy of the Company for Standard Fire and Perils is not for a commercial purpose
- Contract clauses bar claim for damages for loss on account of delay
- Conveyance – Denial for 10 years for non-developement of two other buildings
- Cooling Period Clause Cannot Defeat Cattle Insurance Claim
- Cooperative Bank – Offence under Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999
- Cooperative Housing Society – Required number of members for registration
- Copyright – Spare parts of Computer are not “artistic work” under the Copyright Act 1957 – FIR for its sale is illegal
- Copyright Act – License for sound recordings – Phonographic Performance Ltd
- Copyright Act, 1957 – Interplay between Section 60 and its proviso on suit for declaration that the allegations of copyright infringement by the defendant were groundless.
- Corporate Criminal liability of erstwhile Bank on successor Bank after amalgamation under the Banking Regulations Act.
- Costs of Rs.3 lakhs imposed by the High Court on authorities is donated by the petitioner-student to Tata Memorial Hospital
- Covid 19 – Police complaint, investigation and charge-sheet.
- Covid duty and quarantine period (total 150 days) are counted as bond service period of two years for Post-graduate Medical Student.
- Covid-19 – Insurance under PM Garib Kalyan Yojna for Corona Warriors, Doctors, Health Workers died in Pandemic.
- CPC – Order VII Rule 11 application period does not extend period for filing WS
- CREDAI wins clarity in SC – Urban Projects near Sensitive Zones
- Criminal Complaint – Section 24 of the Contract Labour, 1970, against the Bank
- Criminal Justice – Denial of exemption from Personal Appearance prior to grant of bail after filing charge-sheet
- Criminal Justice – Non-bailable warrant cannot be issued in a route manner
- Criminal Justice – Quashing of the charge-sheet for offences of sections 405 and 506 of IPC relating to property transactions
- Criminal Prosecution for Civil Disputes of property transactions – Caution of the Supreme Court of India
- Culpable homicide – Electrocution of employees working on shop sign board
- Custom Duty – Interest on delayed Refund is statutory entitlement under Section 27A of the Customs Act, 1962 – Failure to consider the prayer for interest in appeal – matter remanded
- Customs – Pilferage of seized goods kept in the custody of Customs Cargo Service Provider – Section 117 of the Customs Act & Regulation 5(6) & 12(8) of Handling of Cargo in Customs Area Regulations, 2009.
- Customs Act – Conviction under Section 135(1)(b)(i) based on confessional statements under Section 108 – Admissibility
- Customs Act – Detention of Imported Goods Without reason or written Order is Illegal
- Customs Act, 1962 – Confiscation & Penalty – Merely because the imported goods can be subjected to an alternative use, this can never be the test to hold that the goods were prohibited – Order is illegal
- Customs Act, 1962 – Section 110(5) – Provisional attachment of bank accounts – Each of the essential requirements to be complied with by the Customs and to pass written order and serve on the bank account holder.
- Customs House Agent cannot be held responsible once IEC particulars are given by the exporter and cannot be held liable after issuance of Let Export Orders only because exporters were not traceable – CBLR Regulations, 2018
- Cyber attacks & Cyber Crisis Management Plan – IRDAI Circular of 24.3.2025
- Cyber fraud without OTP on customer’s mobile – Bank’s liability
- Cybercrime – 35 pre-paid SIM Cards obtained by the accused to cheat people
- Cybercrime in India – Informative analysis by Harsh Bhalke, Law Student of ABMSP’s Yashwantrao Chavan Law College, Pune
- Dark Patterns – use on Online Platforms to mislead consumers – Salutary guidelines of protection
- Date of birth in Aadhar Card is no proof for compensation multiplier
- De-registration of Apex Association of Housing Societies on the objection of Developer
- De-registration of Cooperative Housing Society – Direction of the Minister to initiate action only based on pendency of a title civil suit – Section 21A of the MCS Act, 1961.
- De-registration of the Cooperative Housing Society – Section 21A of the Maharashtra Cooperative Societies Act, 1960 – Amended Section 14 of the Apartment Ownership Act.
- Death of truck driver on duty due to health deterioration – it is an “accident”
- Deemed Conveyance – Agreement Vs Rules 9 and 11 of MOFA Rules 1964
- Deemed Conveyance – Dispute between landowners and Developer
- Deemed Conveyance – Unauthorised Construction of three floors by Developer
- Deemed Conveyance – Authority has limited jurisdiction – No power to consider validity of documents.
- Deemed Conveyance & Civil Suit
- Deemed conveyance Certificate – Authority has no powers to correct area by corrigendum
- Deemed Conveyance Certificate – Exclusion of Recreational ground and internal roads
- Deemed Conveyance Certificate – Third application without challenging rejection of earlier second application
- Deemed Conveyance Certificate & Full Development and utilisation of additional FSI
- Deemed Conveyance Certificate Vs earlier consent decrees between the parties
- Deemed Conveyance for a part of the society land from undivided larger plot
- Deemed Conveyance for ownership – Agreement for leasehold rights to Society
- Deemed Conveyance for the property of an individual owner in Society building
- Deemed Conveyance, Appurtenant & Common Area and Recreational Ground
- Deemed Export Scheme – Interest for delay in payment of Duty Drawback for supplies in civil construction of Koyna Power Project aided by the World Bank – Section 75A(1) of the Customs Act
- Defamation – Damages – Newspaper publication of an inquiry report against a Senior Judicial Officer with incomplete facts – Costs of Rs.10 lakhs was imposed – Important and salutary observations of Karnataka High Court
- Deficit Stamp duty – Property affected by CRZ-II and tenancy related encumbrance
- Deficit Stamp duty & Penalty – Property in Ambey Valley in Court Committee in auction
- Delay – Condonation of Gross delay of 12 years and 158 days – Question of limitation is not merely a technical consideration – Rules of limitation are based on the principles of sound public policy and principles of equity
- Delay in and short delivery of consignment – Deficiency in service – Carriage by Air Act 1972 – Contract Act – Consumer Protection Act
- Delay in Filing Documents Does Not Extinguish Insurance Claim
- Delay in filing hard copies of RERA appeals filed on-line in time.
- Delay in giving possession of flat – Delay in filing appeal before NCDRC
- Delay of 14 days in filing Section 34 Arbitration Petition – Interesting facts and important question of law
- Delayed Payment charges for delay in giving possession without occupancy certificate
- Delhi HC – Arbitral Award – Insurance – Double Deduction
- Delhi HC – Pandemic Exclusion Preserves Arbitrator Mandate – UOI’s Challenge to arbitral award Dismissed
- Delhi HC – Arbitral Award -Clarifies on Rules of Appropriation First for Interest before Principal
- Delhi HC – IIM Jammu, a beneficiary, funding & supervisory authority, cannot be impleaded to arbitration without privity of contract or arbitration agreement
- Delhi HC – LD Clause survives despite extension of time
- Delhi HC – Repeated Defective “Re-filings” on 14 times Do not Extemd Limitation of Section 34
- Delhi HC – Section 21 Arbitration Notice is Procedural & Signal commencement of Arbitration – Need Not List All Claims
- Delhi HC – Section 9 Relief Ancillary, Not a Substitute for Specific Performance
- Delhi HC – SIAC Injunction Order Persuasive, Not Enforceable in India
- Delhi HC Affirms Maintainability of Section 9 Arbitration Petitions Amid Parallel Proceedings
- Delhi HC Clarifies “may” vs “shall” test for binding arbitration
- Delhi HC on CA Certificates Vs Proof of Expenditure in arbitration
- Delhi HC on Powers of Section 34 Court to examine limitation of Arbitral Claims
- Delhi HC Upholds Arbitral Award – Liquidated Damages Require Delay Attribution Proof & Verification – Clause 27 of the Contract of IRCON and AFCONS
- Delhi HC Upholds Rs.33 crores Arbitration Award in Valley Iron & Steel Flood Damage Insurance Claim
- Delhi High Court important ruling on donation of liver by minor daughter of age) to ailing father – Transplantation of Human Organ Act, 1994 – Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014
- Delhi High Court on interpretation of clause“AS IS WHERE IS” often employed in the Auction Notice and interplay of “Caveat Venditor” vis-a-vis “Caveat Emptor”, SARFAESI Act and directions to refund auction amount –
- Demurrage charges are not includible in the assessable value of imported goods – CESTAT Ahmedabad decision
- Demurrage Denied – Bombay HC Upholds Limitation Bar in Charterparty Dispute
- Denial of medical expenses for want of initial consultation report, MRI and Xray.
- Detention at Airport Immigration Office on look-out notice is arrest for section 48 BNSS
- Developers Win as Karnataka HC Scraps RERA Delay Fees Circular
- Development of Basic Amenities in Municipal Areas – Policy decision to give State subsidy – Change of legislative constituency from one to another for execution of such works – Illegal
- Digital Access in New Buildings – Beyond Brick and Mortar
- Digital India – Digital KYC – E-KYC – Exclusion of persons with physical disabilities
- Digital Monitoring of Liquidation process
- Digital Services Act of European Union – Far-reaching changes – May effect even beyond boundaries of EU countries
- Dignity and modesty of a woman must be protected from all forms of defamation.
- Dignity First – Maharashtra 15.12.2025 GR Secures Senior Citizens in Housing Redevelopment
- Disabilities Act – Approach and Attitude of the State
- Disability Act 2016 – Rights should not merely remain on statute book – Spirit of legislation must be applied by all authorities in practical application with sensitivity and flexibility.
- Disability Certificate – Simplified process – Online portal – Amendment of the RPwD (Amendment) Rules 2024.
- Disciplinary Enquiry – Charge sheet after 12 years illegal says Supreme Court
- Disciplinary Enquiry – Charge sheets issued before retirement but served after retirement – legality
- Disciplinary Inquiry – Non-supply of preliminary inquiry report & Principles of Natural Justice
- Discipline over Sympathy – CISF Service – Dismissal for Bigamy
- Discontinuation of Contract abruptly before expiry of period & without giving any reason
- Dismissal – Misconduct in education department – Disciplinary inquiry by the High Court after appointment as Civil Judge
- Dismissal of Court Employee for Unauthorised Absence for five days and Submission of a fabricated medical certificate
- Dispute of refund of cancelled air tickets is not commercial dispute
- Disputes of Eviction from Airport Premises Not Arbitrable
- Disputes relating to redemption of mortgage are not arbitrable
- Disqualification – Managing Committee Member having more than two children
- Dissenting or Minority Arbitral Award or Opinion is not an “Award”
- Dividend Income – Tax Credit to Joint Venture – Oman Tax Laws and Double Taxation Avoidance Treaty
- Doctrine of Merger – Common law doctrine – There cannot be at the same time more than one operative order for same subject matter.
- Doctrine of Necessity – Powers to convene election meeting – Elections of Executive Committee of the Trust -Section 15 of the Societies Registration Act, 1860 – Right of default members to vote
- Domestic Violence Act – Acts of domestic violence for grant of maintenance and compensation –
- Domestic Violence Act – Objective of the Act is a measure of social justice applicable to each woman – Dismissal of Complaint in default for non-appearance of wife on a single day –
- Domestic Violence Act and Senior Citizens Act – Interplay of rights of senior citizen and daughter-in-law
- Draft Broadcasting Service (Regulation) Bill 2023 is issued for suggestions and comments from the public.
- Duty of Traffic Supervision at Bus Depot is Frontline Duty under COVID-19 – Bombay HC Holds MSRTC Employee entitled to Ex-gratia Compensation
- DV Act – Proprietary rights Vs Women’s Rights as part of Human Rights
- E-post Service of Court Summons / Notices – Bridging Digital Divide
- E-rickshaw – Pune District – Appointment of Consultant – Maharashtra Electric Vehicle Policy 2021
- Ease of doing business for media & publishing companies
- ED – Statement of person – senior citizen called under Section 50 of PMLA recorded in the night – Violative of Article 21 of the Constitution of India
- Election Code of Conduct – Suspension of activities – Maha Building Construction Workers Welfare Board
- Electricity – Unit of Drug Manufacturer – If Commercial or Industrial tariff is applicable
- Electricity – Mahavirtaran Amnesty – Payment of 100% theft amount by auction purchaser
- Electricity Act 2003 – Distribution Franchisee applied by the Central Shopping Mall for its shops – Challenge to the Final assessment order under Section 126- in writ petition – Efficacy of alternate remedy of Section 127
- Electricity Act Overrides Arbitration Act –
- Electricity Act, 2003 – Whether a Lessee or occupant is a “consumer” Sections 126 & 127 – Important Question decided by Bombay HC
- Electricity Transmission Lines – Powers to determine compensation for use of lands – Interplay of Government Resolutions of State Government Vs Telegraph Act, 1885 & Electricity Act, 2003 –
- Employee right to travel abroad – Denial of Permission – Pendency of Inquiry – Illegal
- Employees Compensation Act –Compensation for accident – If loading / unloading worker while loading coconut tree in stationery lorry is employee under Clause (c) of first proviso to Section 147(1) of the MV Act, 1988?
- Employees Compensation Act, 1923 – A person engaged in hiring mike set for rent is not an “employee” within the meaning of Section 2(1)(dd) of 1923 Act but a contractor –
- Employment Agreement – Exclusive Jurisdiction Clause – Section 28 of Contract Act & Section 20 CPC
- Employment disputes of lock in period are arbitrable – Arbitration Act, 1996?
- Enforceability of Non-solicitation of Master Supply Agreement after termination & Section 9 of AA
- English Court Summary Judgment vs Section 13 CPC
- Entertainment duty on Cinema Award function & Penalty –
- Entry (X) Visa & Blacklisting of Foreign National Spouse of Indian Citizen – Section 3 of the Foreigners Act, 1946
- Environment – Green Credits Program for individuals and entities for conservation and protection – Pioneering & Innovative
- Environment – Post facto CRZ Clearance – Legality of OM dated 19.2.2021
- EPF Act – application to two institutions of same Society since there is financial integrity and the funds have been given by the Society to both the institutions.
- EPF dues – Registration of Crime for offence of misappropriation is illegal without following mandatory provisions of Section 7A is illegal
- Equal Remunerations Act – Violation by service provider -Criminal Complaint against Chairman of Wipro
- Equitable Mortgage – Importance of Deposit of Title Deed for Priority between two Mortgages
- Equity Over Error – SC Balances Justice in MV compensation
- ESI Act 1948 – Bakery – use of fridge for storage if amounts to manufacturing process of bread
- Ethanol is not covered by the Bombay Prohibition Act – Seizure by Excise officials illegal and perhaps seizure was made to cater to the private interests of third parties.
- Eviction – Landlord – Member of Armed Forces Maha Rent Control Act
- Execution of Decree – Section 54 CPC – Endless process – Chequered history of 1956 partition suit filed in 1956 and decree passed in 1957 – Till today the plaintiffs to get possession for objections of subsequent transferees.
- Exparte decree – Interplay of Order IX Rule 13 & Explanation to Rule 2 of Order XVII of CPC
- Express agreement in writing to waive unilateral appointment of Arbitrator is mandatory
- Expulsion of the student -MNLU Mumbai – Reduction of punishment and community service
- Extinguishment of claims after approval of IBC Resolution Plan and Termination of Arbitral Proceedings.
- F
- Family Court order for father to “apply-each-time” for visitation during visit to India to meet daughter
- FEMA – Foreign remittances of Jaipur IPL franchisee in 2008 – Violation – Burden to prove and quantum of Penalty – Specific finding on the specific role of individual is essential for imposing penalty
- FIR – Offence – Section 31 of the DV Act – Order for maintenance, residence and compensation
- FIR for offences under Sections 420 & 120B of IPC and Sections 3 & 7 of the EC Act, 1955 for sale of hydrocarbon mixture as petrol or diesel –
- FIR in 2017 for offences of Sections 406 and 420 IPC – Non-payment of goods supplied in 2014
- Fire Policy – Multiple reports on cause of fire – Seven suggested “short circuit” & two negligence of the insured – HELD cause of fire is immaterial if the claimant is not the instigator of fire.
- Flat – Transfer Charges by Developer on second sale is illegal
- Food Safety and Standards Act, 2006 Vs. Offences under Sections 272 & 273 of the Indian Penal Code – Interplay – trial of offender under both enactments – Overriding Effect of Section 89 of FSSA
- Foreign Father’s Immigration status on the date of birth of child in India is decisive for minor’s passport
- Foreign Lawyers – enrolment in India – South Korea national who has taken law degree in India applied for enrolment – Proviso to Section 24(1)(a) of the Advocates Act -Interesting facts and interesting case.
- Foreign Social Media – No Fundamental Rights – Karnataka HC favours Government’s Online Oversight
- Foreign Trade – Ban on export of non-basmati rice –
- Forest Conservation – MOU of Forest Department & Pune University – Training of Forest Officers
- Forest Offence – Moving of sandalwood by itself does not amount to
- Forfeiture of Gratuity of Bank Regional Manager – Bombay HC
- Fraudulent Siphoning Off Shares of Investors – Misuse of Power of Attorney by Stockbroker – Liability of CDSL as Depository
- Freezing / Attachment of Accounts Accused – Section 102 of Cr PC & Section 18A of the Prevention of Corruption Act
- Fresh Arbitration for second time and fresh Appointment of Arbitrator
- Fresh Lease, Fresh Duty – Bombay HC – Stamp duty on renewals
- From Accident Injury to Mortality – SC for Proof Beyond Proximity
- From Arrears of Previous Owner to Admission of new Member in Housing Society – Bombay HC Ruling
- From Goa to Interpol – Aadhar Card Trail of Foreign National Faces legal Heat
- From Tweet to FIR – Not Without Due Process & Prior Inquiry
- From Tweet to FIR – Not Without Due Process & Prior Inquiry
- Full Bench Reference on GST Single SCN for Multiple Years
- Garage owner – Can he become regular member of Coop Housing Society – Interesting facts of the recent decision
- Gender Bias – Obtaining Maiden Surname in the record – Notification of GOI to submit either divorce decree or NOC from the husband
- Generic Medicines for poor people and downtrodden sections of the society in the Government Medical Colleges & Hospitals – Welfare Cabinet decision of 27 Feb 2024 of GOM
- German Visa – Refusal for non-compliance of section 5 of Special Marriages Act
- Glad to share the proud moment and news – Dr.Priyanka Jawale, SPPU student and now Legal Officer, MOE, GOI, moderating an important Session of UN International Law Commission
- Gold Jewellery of Iranian Nationals seized at the airport was sold even before confiscation by the Customs.
- GoM – Policy Decision to Shift Burden of Land Acquisition from Compensation to TDR Incentives.
- Google – Patent “Managing Instant Messaging Sessions on Multiple Devices – Lack of inventive step – Not entitled to grant of patent – Google had presented wrong facts and also failed to disclose information
- GR dated 4.7.2019 is not statutory and does not override the autonomy of cooperative housing societies.
- Graduate Pay Scale to Subject Teachers of RTE Act
- Green belt Zone – Mutha river – Illegal structures – Right to Regularisation
- GST – Cancellation of Registration – Show cause notice, order and also appellate order are Illegal
- GST – Canteen facility to the employees of Suzuki Motor Gujarat – Deduction made from the employees availing food in the factory would not be considered as “supply” under Section 7 of the CGST Act, 2017.
- GST – Cross-empowerment -CGST Act & Tamil Nadu GST Act – Petitioners assigned to State GST but proceedings initiated by Central Authorities or vice-versa – Absence of Notification under Section 6 of the Act.
- GST – Major Relief to Holding Companies – Interim Stay of PH High Court to GST on Corporate Guarantees
- GST – Notice for audit valid even after de-registration
- GST – Sections 74, 122(1A) and 137 of CGST 2017 – Notices to the employees of Agent /group company of foreign Shipping Company and demand of Rs.3731 crores with penalty since the employer wrongly availed ITC amount.
- GST – Arrest in old matter – detention beyond 24 hours
- GST – Availment of Input Tax Credit – Actual physical movement of goods is essential including vehicle number, payment of freight, acknowledgement of taking delivery of goods, payment, etc.
- GST – Denial of Input Tax Credit for non-reflection in GSTR 2A as it is not under the control of the petitioner – Assessing Officer is required examine credits availed by the taxpayer – Kerala High Court
- GST – Development Agreement – Clause 5B of Notification dated 28.6.2017 – services by way of development rights or FSI for construction of a project
- GST – Goa University – Educational activities – Affiliation Services to constituent colleges
- GST – Interest on delayed payment of tax refund – Section 56 of CGST Act
- GST – Transportation of imported machinery from JNPT to own factory is not “supply”
- GST Not Leviable on Arbitral Award Settlement Payment
- GST Registration – Cancellation with retrospective effect from 1.7.2017 – Show cause notice of 7.10.2022 for failure to furnish returns for a continuous period of six months – Delhi High Court
- HC can appoint Arbitrator if mediation is not initiated under MSMED Act
- HDFC Bank – Complaint of harassment by the borrower to the Minority Commission
- HDFC Employment Contracts Jurisdiction in Mumbai Courts – Suit against termination filed in Nagpur Court – Maintainability
- High Court can grant stay to compensation award even pending application for condonation of delay in filing appeal
- HIV – medical negligence – discharge of IAF official from service – landmark eye opener Judgment dated 26.9.23 of the Supreme Court of India
- Home buyer – Delay in giving possession – Interest and Refusal to take possession
- Home Loan – Loss of original documents of property by the Bank
- Home Loan – Add-on Insurance– Exclusion Clause neither furnished nor made aware to the insured
- Home Loan Borrower’s death – Policy Ambiguity & Contra Proferentem
- Hospital – Uniform standard hospital charges – Rule 9 of the of the Clinical Establishment (Central Government) Rules, 2012 – Important issue raised in PIL by NGO Veterans Forum for Transparency in Public Life –
- Housing Society – Resolution of General Body to levy compulsory charges on members for cultural activities – Legal
- Housing Society cannot levy maintenance or service charges as per area of the flat – Cooperative Court
- Housing Society Maintenance Dues Enforceable against Developer – Title Dispute Not a Shield
- Housing Society NOC for Consolidation of Flats
- IAS Officers of MP cannot be reporting, reviewing or accepting authority for performance appraisal of IFS Officers
- IBBI – Registered Valuer – Misconduct
- IBBI – Real Estate – CIRP & Liquidation – Discussion Paper of 6.11.2023 on proposed key changes to ease the process
- IBBI – Resolution Professional – Show cause notices & Suspension of Authorization
- IBC – Auction – Liquidator cannot cancel an auction on expectation of higher price in fresh auction
- IBC – Circular dated 28.9.2023 of IBBI whether clarifies “liquidation costs” in Regulation 4(2)(b) of IBBI (Liquidation Process) Regulations, 2016 or in effect makes amendments?
- IBC – Code does not relate to the insolvency resolution of individuals and partnership firms – HELD that Section 95 petition even at the stage of filing is not maintainable and NCLT has no jurisdiction.
- IBC – Criminal Case if CD fails to cooperate & join CIRP and to give assets / required documents / information to IRP-
- IBC – Effect of Notification of mortarium exemption to the aircraft succinctly summarized in the Article of CAM authors
- IBC – Inclusion of claim in CIRP at a belated stage and after approval of RP by COC but before approval of Adjudicating Authority is not permissible.
- IBC – IRP Appointment – Disciplinary Committee – Important questions of law and public importance raised in the writ petition
- IBC – Real Estate – Corporate Debtor – Amendment of 16.2.2024 to IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Transparency and accountability –
- IBC – Report of Committee on introduction of Mediation in Insolvency and proposed frame work in the backdrop of new Mediation Act, 2023.
- IBC – Salutary order of the Supreme Court for value maximization of Corporate Debtor.
- IBC – Section 26(2)(a) – Right to claim set-off in CIRP and consideration by RP while taking custody and control of all assets of Corporate Debtor.
- IBC – To reduce cost, simplify and ease of compliance under Regulations -Suggestions vide IBBI release of 12.10.2023 – Salutary and much-needed reforms to reduce compliance burden
- IBC – Aircraft – Section 14(1) shall not apply to the transactions, arrangements or agreements under the Convention and the Protocol, relating to the aircraft, aircraft engines, airframes and helicopters.
- IBC – IBBI- Important Discussion Paper of 10 May 2024 on Record of Default by Information Utility alongwith the Draft Amendments inviting public comments
- IBC – Insolvency Professional Entities – Discussion Paper launched by IBBI on 20.10.2023 on important issues on need for enhancing their effectiveness – Submission of comments by 11.11.2023
- IBC – Liquidator’s fees – Clarification Circular dated 28.9.2023 on the different interpretation of terms -IBBI (LP) Regulations 2016
- IBC – NCLAT – Section 9 application – Collusion of Corporate Debtor & Operational Debtor to overcome RERA orders for protection of home buyers
- IBC – Operational Debtor – Dues not disclosed by the CD and also not obtained by IRP / RP.
- IBC – Resolution Plan of IHL Lifesciences for acquisition of Parental Drugs – Salutary tips of Law Firm for the investors
- IBC & Negotiable Instruments Act – proceedings – Distinction
- IBC Misuse for Recovery of Civil Court Decree
- IBC Not Recovery Tool – Bank Claim Lies Before DRT
- IBC Versus Slum Development – Petition of Resolution Professional – Landmark judgment of the Bombay High Court
- IIT Bombay – Non-Renewal of Contractual Appointment
- Illegal arrest & custody – Inquiry of Police and Compensation of Rs.25,000/-
- Illegal Arrest, Remand and Custody – Section 58 of BNSS 2023
- Illegal construction of community hall on reserved land for playground – Illegal permission by MHADA & BMC – Inquiry
- Illegality of unauthorised structure of reputed school is incurable
- Immigration & Foreigners Bill,2025 – Introduced in Lok Sabha on 11.3.2025
- Impartiality Requires More than Prior Views of Arbitrators – Rules Delhi High Court
- Imperative need for cyber insurance – Times Special informative article
- Import of Rubber Processing Oil – Mis-declaration of origin of country in the bills of entry immaterial for valuation, description and other particulars of imported goods – Important Judgment of the CESTAT, Ahmedabad
- Importance of Marriage ceremony – Salutary observations of the Supreme Court
- Important & Salutary for the students and the parents – Guidelines for Regulation of Coaching Centre – Legal Framework for Unregulated private coaching
- Important Beneficial Order of ITAT Kolkata Section 54E of Income Tax Act – Capital Gains – Exemption
- Important decision of NCLAT – NFRA Vs. ICAI on Disciplinary matters of Chartered Accountants –Chartered Accountants Act, 1949
- Important Decision of NCLAT on relations between Insured-OC & Insurer and third party CD vis-a-vis insurance payment, “debt due”, insolvency proceedings and doctrine of subrogation.
- Important for Housing Societies – Deemed Conveyance
- Important for the Doctors and the Hospitals
- Important judgment on the issue of “relevant date” for market value for charges for change of user from industrial to residential.
- Important PIL to regulate and frame comprehensive guidelines for advertisements by Corporate Hospitals – Supreme Court issued the Notice
- Important question on the right of financial creditor to the minimum value of its security asset is referred to the larger Bench of the Supreme Court
- Income Tax – TDS from compensation of acquired land – Illegal
- Income Tax Act 1961 – Offence under Sections 276-B read with 278-B – In the absence of mandatory notice of Section 2(35)(b) delivered to the Director – accused no.8, he cannot be treated as principal officer for prosecution.
- Income Tax Immunity of Land Acquisition Arbitral Awards
- Indigent Person – Court fees – Insurance Claim
- Indiscipline in Uniform – Absenteeism – Zero tolerance of SC
- Industrial Disputes Act, 1947 – Regional Business Head in the grade of Senior B2 Sale – Whether “Workman” under Section 2(s) – Maintainability of Reference to the Labour Court –
- Injunction against enforcement of permanent injunction of Singapore Court against plaintiff from pursuing NCLT petition in India.
- Innovative initiative – Information of historical stepwells on the postcard –
- Inordinate delay of 13 hours in train service – deficiency in service by Railway – Compensation of Rs.50,000/- granted.
- Insolvency – Home Buyer Claim
- Insolvency – IBBI -Salutary decision to frame guidelines and panel in advance for appointment of Interim Professionals to avoid administrative delay
- Insurance – Compensation – Cancellation of policy prior to accident – Onus on the Insurer to produce documents and prove cancellation for dis-honour of cheque and intimation to insured prior to the accident
- Insurance – Date date of issuance of policy would be relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt.
- Insurance – Essential to provide copies of surveyor / investigator reports to the insured to call for objections before repudiating the claim
- Insurance – Exclusion Clause & Proposal Form- Interplay – Repudiation of claim
- Insurance – Ombudsman Award – Implementation by Insurer – IRDAI Notification of 25.4.2017.
- Insurance – Policy issued on receipt of cheque and subsequently dishonoured but vehicle ply on road without valid insurance – HC found that 2002 Notification of Online mode of payment of insurance premium kept in the dark
- Insurance – Repudiation of Claim – Transfer of vehicle – Section 157 of the MV Act
- Insurance – Repudiation of Claim for loss due to floods on the ground of fraud
- Insurance – Section 66(3)(i) of MV Act – Statutory exemption to the insured offending vehicle of goods auto rickshaw to have permit -Does not amount to violation of policy conditions?
- Insurance – Compensation – Pay & Recover Principle – Exception
- Insurance – Contractor’s All Risk Policy – Collapse of bridge
- Insurance – Death due to sudden cardiac arrest during Covid-19
- Insurance – Difference of opinion of two Surveyors on cause of loss either seepage or heavy rains
- Insurance – Fire – Cause – Whether short circuiting or self-combustion.
- Insurance – Insurer’s Right to Recovery & Burden on Insurer to plead and prove wilful breach of duty of vehicle owner
- Insurance – Interesting – Code of Code mandates that TPA of Health Services not to lend or grant any loan to any other company, entity or individual not connected with its TPA business – Penalty for violation
- Insurance – Pay and Recovery – Utility & Goods Vehicle
- Insurance – Stock Valuation – Reports of Surveyor Vs Audit
- Insurance Claim – Repudiation for non-payment of national permit authorisation fees of truck
- Insurance claim – Repudiation for partial non-disclosure of material facts of other policies
- Insurance contract – good faith equally applies to both parties
- Insurance Electronic Marketplace free of charges for availing services by the consumers -IRDAI – Insurance – Digital Public Infrastructure “Bhima Sugam – Insurance Electronic Marketplace” –
- Insurance Ombudsman Rules 2017 – Quasi Judicial Authority – Duties and Functions
- Insurance Policy – Renewal – Dishonour of cheque by the Bank although sufficient balance in the account but for non-linking MOD with account – Deficiency in Service –
- Insurance Policy – Repudiation on the ground of material suppression of existing life insurance policies from other insurers – Section 45 of the Insurance Act, 1938 –
- Insurance Policy for the thermal power plant – Initial Report of Insurer Surveyor Vs. Subsequent Report of Independent Surveyor and subsequent addendum report of Insurer Surveyor
- Insurance Reforms – Empowerment of Policy Holder –Master Circular 19.6.2024
- Insurance Special Condition “Voyage should commence & complete before monsoon sets in”
- Interest at 38.85% under Section 16 of the MSMED Act granted under Ad-hoc Arbitration is legal.
- Interest on retiral benefits – Doctrine of restitution from due date when Employee exonerated in disciplinary inquiry
- Interest on withheld Gratuity on acquittal in criminal case – Sections 7(3A) and 14 of Payment of Gratuity Act 1972
- Interest rate on refund of flat amount
- Interesting and mind-boggling consumer complaint – Excess charge of Rs.0.50 ps by the Post office.
- Interesting point – Detention of imported goods “Lithium Ion Cell” for not affixing BIS markings / stickers on the “actual products” as per BIS Regulations, 2018
- Interim Relief & Development Agreement Terminated by Society
- Internship opportunities to the students -salutary decision of the welfare Government of Maharashtra in right earnest to create platlform in the college vide recent Government Resolution dated 5.2.2024 in the interests of thousand of students
- Investor Disputes – Bombay HC Quashes Arbitral Awards of NSE, BSE & MCX
- Invocation of Arbitration Not Consent for Appointment
- IPL -Royal Challengers Bengaluru – Prayer to ban advertisement of Sunrisers Hyderabad Cricketer Travis Head
- IRDAI – 14.2.2024 – Exposure Draft of Protection of Policyholders’ Interests and Allied Matters of Insurers) Regulations, 2024
- IRDAI – 24.8.2023 – Revamped landscape for reinsurance market
- IRDAI – Amendments of 10.10.2023 to the Master guidelines – Anti-Money Laundering / Counter Financing Terrorism
- IRDAI – Arbitration Clause in General Insurance Policies – Amendment by IRDAI Circular dated 27.10.2023
- IRDAI – Corporate Governance Regulations of 2024 – Exposure Draft published on 2.2.2024 – for doing business, reduce compliance, protection of policy holders and above all, best practices for the corporate governance of Insurers
- IRDAI – Cover note of 12.12.2023 on Exposure Draft and inviting comments / suggestions on unification of two Regulations of 2015 and 2016
- IRDAI – Draft Guidelines of 20.2.2024 – Introduction of collaterals in the Insurance sector and in particular for reinsurance transaction with Cross Border Reinsurers
- IRDAI – Final Order dated 22.2.2024 prohibiting Confiance International Reinsurance Brokers Malaysia for two years from Indian Insurance Market –
- IRDAI – Health Insurance Policies – Guidelines Circular Coverage for AYUSH on par with Allopathy & other treatments – Guidelines & Advisory Circular dated 31.1.2024 for Insurers.
- IRDAI – Important and significant Circular of 31.1.2024 for the Persons with Disabilities (PWD) or afflicted with HIV / AIDC or suffering from mental illness.
- IRDAI – Insurance – Important Exposure Draft on IRDAI (Insurance Products) Regulations, 2023 – Published on 12.12.2023 inviting comments / suggestions.
- IRDAI – Master Circular dated 5.9.2024 – Protection of Interests of Policyholders
- IRDAI – Penalty of Rs.1 Crore – Go Digit General Insurance Co Ltd – Order dated 2.5.2024 – Violation of Section 26 of the Insurance Act, 1938 read with IRDAI Regulations 2024
- IRDAI – Reconstitution of Insurance Advisory Committee
- IRDAI – Risk-Based Capital Framework for Insurers
- IRDAI – Circular dated 3.11.2023 – Account Aggregator – Participation of the Insurance Sector in the next digital innovation
- IRDAI – Circular dated 30.10.2023 effective from 1.1.204 – Revision of Consumer Revision Sheet – Salutary to explain the basic features of policy and necessary information in simple words
- IRDAI – Cyclone Michaung – Circular dated 18.12.2023 – Salutary decision to grant special dispensation to General Insurers and increasing limit of losses for appointment of Surveyors and Loss Assessors
- IRDAI – Insurance Ombudsman Rules, 2017 – Salutary amendment to raise ceiling on award of compensation is raised from “Rs.30” lakhs to “Rs.50” lakhs vide notification dated 9.11.2023.
- IRDAI – Landmark Reforms in Health Insurance – Master Circular dated 29.5.2024
- IRDAI (Bima Vahak) Guidelines, 2023 – issued on 9.10.2023
- IRDAI Circular dated 16.2.2024 – Unclaimed amounts of Policy holders – New Salutary measures to reduce existing and contain future accumulation of unclaimed amounts –
- IRDAI Circular dated 18.10.2023 for inbuilt mandatory insurance under IMT-29 in a private car policy for employer vehicles used by the employees.
- IRDAI Circular dated 24.11.2023 – Discontinuation of filing of certain returns by the Insurers and the Insurance Brokers
- IRDAI Circular dated 9.10.2023 – Prevention of financing to WMD – duty of stake holders to prevent financing and verification on periodic basis
- IRDAI Circular of 21.11.2023 – Clarification of “without delay” for sanctions to Terrorism, Terror Financing & Proliferation Financing means “preferably on the same business day but not later than 24 hours in any case” for Section 12A of WMD Act, 2005 and UAPA 1967.
- IRDAI Circular of 8th January 2024 – Compliance of the General Insurers with the important three Notifications dated 25.2.2022 issued as per the amendments of MV Amendment Act, 2019
- IRDAI on 2.2.2024 issued Exposure Draft of IRDAI (Registration, Capital Structure, Transfer of Shares and Amalgamation of Indian Insurance Companies) Regulations, 2024
- IRDAI Order dated 10.11.2023 – Whether penalty of Rs.3 lakhs on broker is “appropriate” for grave misconduct of submission of forged certificates – For consideration and views
- IRDAI Order dated 23.7.2024 – Stock Options – Non-Executive Director – Prior approval
- IRDAI Order of 19.2.2025 – Insurance Broker – Penalty of Rs.1 crore for violation
- IRDAI Order of 23.1.2025 – penalty of Rs.1 crore – Violation of Outsourcing of Activities Regulations, 2017.
- IT Act – Govt subsidies, duty drawback, incentives, exemptions and waivers given to projects / industry are income – Finance Act of 2015 – Constitutional validity – Judgment of the Bombay High Court
- IT Act – Rebate of Section 87A – Online filing of Return – PIL by Chamber of Tax Consultants
- ITAT Mumbai – Capital Gains Exemption – New Flat in redevelopment Project in lieu of surrender of tenancy rights
- ITAT Mumbai – Redevelopment & Income Tax – Multiple Floors in new Building Still One House for Section 54 Exemption
- ITAT Mumbai Ruling of 20.2.2026 – Major tax relief for full indexed cost of acquisition of the entire land on multiple floors received in the redevelopment.
- Judges (Protection) Act, 1985 applicable to the Tahsildar acting as Revenue Court under the Land Revenue Code – Criminal prosecution for order of mutation order illegal
- Justice for Every Pothole Death: Bombay HC Orders Rs.6 lakh Compensation
- Justice for Frontline Heroes – Insurance Benefits Restored by the Bombay HC
- Justice for the Bar – SC shields Advocate from harassment
- Justice in Milli-meters – Bombay HC rounded height criteria to higher stage for Armed Forces Entry
- Justice over Limitation – Stamp duty refund – failed Foreign Investment
- Kabaddi Player -Cancellation of eligibility certificate granted earlier
- Karantaka High Court relief to 85 years old lady senior citizen, who gifted coffee estate to the son, for maintenance of Rs.7 lakhs under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Karnataka HC – Arbitral Claim – Extension of Limitation – Section 18 of the Limitation Act
- Karnataka HC – Arbitral Award – time barred claim – Section 43 of AA and Sections 3 & 18 of the Limitation Act
- Karnataka HC says that the LLP disputes must go to Arbitration by default.
- Karnataka High Court – – Important Ruling – Partition deed is not covered under Section 23 of the Senior Citizens Maintenance and Welfare Act 2007 and therefore, cannot be challenged.
- Karnataka High Court – Menace of Unauthorised Constructions – Recent order dated 19.1.2024 – Landmark, Comprehensive, Salutary directions and also to create database for website and use of common stake holders / authorities
- Kerala HC Quashes Criminal Case against Teacher – Distinguished Discipline from Cruelty to Student
- Kolhapur Civil Court – Landmark Judgment on Important Principles of Law – Inami land – Suit for declaration that the Church has no right, title and interest in the suit property at Kodoli Tq.Panhala
- Land Acquisition & Compensation Vs. TDR / FSI
- Landmark Collaboration -MOU – Post & Amazon reaching people through 1.6 lakh offices
- Landmark initiative – MoU of Department of Social Justice with Legal Services Authority for social justice
- Landmark judgment – Interplay of Cr PC & BNS – Dementia – Duty of the Court
- Landmark Performance Audit Review of Slum Act
- Lease – DDA – TP Act 1882 – Lease hold plots became property of transferee Company on amalgamation – Lease conditions still apply – Supreme Court of India
- Lease – Right of lessees / sub-tenants to extension and renewal after expiry of initial lease period – Section 81B of MM Corporations Act, 1949
- Lease Agreement – Whether for residential or commercial use – Doctrine of Blue Pencil
- Leave and Licence Agreement – Order XV-A and Order XXXIX Rule 10 of CPC – Powers of Court to order deposit licence fees at the interim stage in a suit other than for eviction.
- Leave Encashment of unutilized leave earned during Re-employment
- Legal Aid to litigants – Fees of Advocates -Maharashtra Legal Services Authority
- Legislation on Right to Health – To my mind, it may be first of its kind in the country and comprehensive –
- Levy of Service Charges for recording transfer or assignment of life insurance policy is not legal – Section 38 of the Insurance Act 1938
- Liberty First : SC Says Arrest Must Be Explained in Writing and In Time
- LIC – Concluded Contract of Insurance – SC important decis
- LIC Insurance claim – Repudiation – Suppression of Material Facts
- Limitation – Appeal against acquittal – Section 378(5) of Cr PC – Benefit of Section 5 of the Limitation Act to condone delay is available.
- Limitation – Online Filing of Appeal – Deficiencies of physical copies etc; complied with after limitation – Rejection of appeal on the ground of limitation is illegal – Section 107(1) and (4) of the Act
- Limits of Seizure of Immovable Property by Police – Section 102 Cr PC & Section 4 MPID Act
- Limits on Court Martial after Criminal Court Discharge
- Liquidated damages and Extension of time to complete the project
- Liquidated damages for resignation before prescribed period – Indemnity Bond
- LL.B. course – Petitioner was given admission to 3-years course from OBC category in 2019 – Objection to the eligibility for admission was taken at the fag end of the course – Illegal
- LL.B. Degree (3 years course) obtained while in service – Eligibility for enrolment after retirement- Refusal of Bar Council is illegal since it has no right to question the degree certificate
- LMV Driving Licence & Transport Vehicle – Review of 2017 Judgment of the Supreme Court to consider consequences and social issues
- Local Body Tax – Appeal – Pre-deposit of “disputed tax” – Scope of – Section 406(8) of MMC Act
- Locus standi to file RERA complaint – adjoining owner of plot developed by promoter is not aggrieved person
- Loss of Profit- Evidence Vs. Guesswork for Damages
- Madras HC – Arbitral Bias of Co-Arbitrators & Principle of Poisoning the Well
- Madras HC – Doctors Not Bound by Corporate-style Non-compete clauses in the professional agreement of the Hospital
- Madras HC Protects Doctor’s Independence – Arbitration Petition of Hospital Rejected
- Maharashtra Land Revenue Code, 1966 – Section 48(7) – Unauthorised exacavation of earth for sewerage pipeline network of Thane Municipal Corporation – Penalty and royalty charge
- Maharashtra Pollution Control Board cannot issue binding circular outside the statutory frame work.
- Maharashtra Public Trusts Act, 1950 – Interplay of Sections 33 & 36(1)(a) – Permission for sale of immoveable property of Osho Trust in Pune & Order for special audit
- Maharashtra Stamp Act – Stamp Duty & Development Agreement –
- MahaREAT – Exemption conditions for registration of project under RERA, are alternative, not cumulative.
- MahaRERA – Powers to Cancel Registered Agreement at the Instance of Promoter
- MahaRERA – Comprehensive & salutary Reforms for 2024 – 19 pages consultation paper as per of Section 14(3) of the RERA 2016 for public comments
- MahaRERA – Developer Must Provide Safe, Usable & Functional Car Parking – Paper Allotment Not enough
- MahaRERA Landmark Order of 30.7.2024 – Mandatory Disclosure of Amenities / Facilities
- Maintenance – Charge on husband’s property – Sec.39 of TP Act
- Maintenance – Section 125 Cr PC – Deductions of LIC premium, Home Loan, Payment of Loan for purchase of land are not permissible in law – Allahabad High Court
- Maintenance – Waived under the consent terms of Divorce – Bar of Section 125(4) of Cr PC if wife is living separately by mutual consent
- Maintenance – DV Act – Filing of affidavit declaring Assets and Liabilities by spouses is for to determine interim maintenance by the Court and not after application was finally adjudicated
- Maintenance Fund – Non-transfer to the Housing Society
- Majority Rules, Legally – Bombay HC Upholds General Body Supremacy in Housing Society Resolution
- Mandate of earlier Arbitrator terminated for abandonment of arbitration – Section 11 cannot be used to re-start fresh arbitration at the instance of such a party – Bombay HC
- Manual Scavenging – Comprehensive Order dated 20.10.2023 of the Supreme Court for implementation of two Acts of 1993 and 2013.
- Marine Hull Insurance Policy – Breach of Warranty – Repudiation of claim & Policy Cancellation
- Married in India, Divorced Abroad by Foreign Court
- Maternity Leave – Employee has more than two surviving children
- Maternity Leave – Panel Lawyer of Legal Services Authority
- Maternity Leave – Third child from second marriage – Object is to protect dignity of motherhood
- Maternity Leave & Post-natal childcare leave – Probationer – Maternity Benefits Act – Maharashtra Civil Services (Leave) Rules, 1981 –
- MBBS – Denial of admission for non-payment of five times more fees than regular fees of first year
- MBBS Admission – State of Goa – Physical Residence for 10 years
- MBBS Admission – Persons with Disability
- MBBS Course – Denial of admission to a student with disability
- MBBS Course – PwD quota – Eligibility of Student disability for admission
- MCX Commercial Suit Dismissed – Bombay HC Imposes costs of Rs.20 Lakhs for Procedural Abuse
- Medi-Claim Policy – Cancer – Ceiling on expenses of injections
- Mediate and not litigate. The future of mediation in India lies in its ability to impact the social change – Excellent guiding article and story on Mediation by distinguished Dr. Balram K Gupta –
- Mediation – Proposed changes in the Rules of the Bombay High Court – Notification dated 13.12.2023 inviting suggestions by 31.1.2024.
- Mediator Fees – HL Committee Meetings – Govt Procurement contracts above 10 crores
- Medical Negligence – SC vindicates Doctors & Treatment
- Medical Negligence – This is a classic case of human fallibility where the doctors tried their best as per their expertise but desired results could not be achieved.
- Medical Re-verification of Disability of Govt. Employees
- Medical Reimbursement – Denial for treatment in OPD for chronic kidney disease – Illegal
- Medical Reimbursement under CGHS for Heart Transplant at the private hospital – Central Govt Pensioner
- Medical Student’s Future is not Fiction : Bombay HC Awards Realistic Accident Compensation
- Mediclaim – Exclusion of expenses for surgery for prolapse disc on the ground that it was not related to trauma but chronic condition
- Membership of Coop Housing Society to legal heir of deceased member – Relinquishment Deed
- Membership of Housing Society – Welfare Fee is Legal Camouflage
- Membership of the Housing Society for Auction Purchaser
- Metaphor and the Law – Information and Insightful Article
- Milton JV AAward Quashed for Perversity by Bombay HC
- Minor Child – Habeas Corpus Petition of father for custody & repatriation to USA
- Minor mineral – Earth excavated and re-deployed in the same land is not subject to royalty and would not attract wrath of Section 48(7) of the Maharashtra Land Revenue Code, 1966
- Minor Mineral – Royalty and Penalty – Unauthorized excavation of earth for IKEA Store –
- Minority members (less than 10%) of the society have no right to hold up re-development of dilapidated buildings
- Misconduct in passing Land Settlement Order- Quasi Judicial function – Judges Protection Act 1985 –
- Mistake of contractor in giving in bid price – Encashment of bank guarantee
- MOFA – Deemed Conveyance – Quasi Judicial Authority – Res Judicata
- MOFA Vs Slum Act Vs MHADA land and Slum Scheme
- Moratorium of US Bankruptcy Court not applicable in India
- Moratorium under IBC & Section 27 of the Consumer Protection Act, 1986
- Mortgage of the Bank and sale certificate of mortgaged property in auction shall prevail over order of attachment of the Civil Court
- Motor Accident – Head-on collision of S.T.Bus and Maruti Car – Tribunal held as an “act of God” by applying elimination process of negligence of both drivers
- Motor Accident – Low Vision Vs. Blindness – Claimant MBBS doctor
- MOU for Artificial Intelligence – Robotics in Govt Engineering Colleges & Polytechnic –
- MPID Act – Invalidation of Undervalued Asset Sale
- MPID Vs. SARFAESI Acts -Preferential Right to Secured Assets
- MSME Act 2006 – Works Contract – Reference to Arbitration
- MSME Arbitration – Bombay HC Flags Lapses of Fabricated Invoices & Post-dated GST Returns
- MSMED Act – Companies to file return to MCA for non-payment of MSME dues
- MSMED Act – Section 18 – Claim for recovery of loan – Registration for financial activity under the MSMED Act is necessary for Felicitation Council to entertain and decide the claim –
- MSMED Act & IBC – Objection to Arbitral Award in execution petition without challenging it in section 34?
- MSMED Act, 2006 – Arbitral Award – Section 34 Petition – Delay – Section 14 Limitation Act
- Much awaited IRDAI Circular dt 4.8.2023 on HDFC merger
- NA permission – Condition for use of road for adjacent owners of lands
- National Highways Act – Section 3D – Relevant date for Interest on enhanced compensation
- National Highways Authority Act, 1956 – – Authority passing an order under Section 3(H)(4) has no powers to review such an order – Even consent of the parties to review such order also would not create such review powers
- National Scholarship Scheme – Students of unaided private schools are ineligible
- Nature of Proceedings before LAAR under Act of 2013
- NBFC asset less than 100 crores is not a secured creditor for SARFAESI Act
- NCDRC – Surveyor Reports Prevails – Insurer directed to pay Rs.1.73 crores to SKS Ispat for breakdown of 25 MVK Turbo Generator Set.
- NCDRC Affirms Housing Society as “Consumer” under the Consumer Protection Act
- NCDRC directed SBI Life Insurance to refund entire premium on surrendered policies with interest
- NCDRC Reaffirmed that Surveyor Report is the backbone of Insurance Claim Settlement – Binding unless rebutted
- NDPS – Bail – Involvement of accused no.2 in view of statement of accused no.1 under Section 67 of NDPS Act. No possession or recovery of contraband from applicant-accused no.2
- New Arbitrator – appointment – If Section 11(5) or Section 14 of AA applies?
- New College – Permission – Maharashtra Pubic Universities Act, 1960 – One of the grounds for grant of new college to Respondent Nos.6 to 8 was that comparatively the petitioner is a new institution – Salutary observations of the High Court for assessment of such proposals
- New Electricity connection to new owner for property purchased in SARFAESI auction – Refusal for non payment outstanding dues of previous owner
- New Law college at a location not covered by the University perspective plan
- New Regulation 3A of IBC Regulations 2016 requiring personnel of Corporate to provide assistance and cooperation to IRP / RP
- NHRC consultation on health insurance for persons with disabilities
- NLU Delhi launches Joint Masters in IP Law and Management (msn.com)
- No Consideration, No GST on Corporate Guarantee
- No Guarantee, No Insolvency – Supreme Court Judgment of 6.1.2026.
- No Hearing, No Justice – HC Rebukes Drug Production Ban
- No More Split Multiplier : Apex Court Reinforces Guidelines in Accident Claims
- No Nexus with Offence, No Freezing of Bank Accounts
- No Second Bite in the Cherry – Bombay HC Strikes Down Second Application for Deemed Conveyance After Rejection of Initial Application.
- No Shortcut to Custody – Bombay HC Penalizes Police for Illegal Arrest Bypassing Due Process
- Nomination address for all Bank accounts – Appeal of Finance Minister to ensure designated beneficiaries
- Nomination of mother for Provident Fund and Widow for other retiral benefits of employee
- Nominee Vs. Legal Heir – Section 39 -Insurance Act, 1938 (Amended in 2015)
- Nominee is Receiver, Not Heir – Supreme Court Clarifies GPF Nominee’s rights
- Non-Bidder PILs – Not Maintainable – Amounts to Proxy Litigation.
- Not allowing own bags to carry purchased goods from the shop premises and charging Rs.20/- for a carry bag with printed logo amounts to an advertisement, deficiency in service and unfair trade practice.
- Notary has no powers to execute marriage / divorce deeds
- Notice for inquiry sent on whatsapp on the date of retirement
- Novation of Contract – Liablity of guarantors to repay loan – Temporary overdraft – Extension of time to repay without consent of the guarantors – Section 133 of the Contract Act.
- Obligation of Children to ensure that parents senior citizens lead normal life with dignity and security.
- Occupancy Certificate withheld for six years by the CIDCO – Highhanded action
- OCI Card – Rejection of application by FRRO– Citizenship Act, 1955
- Offence – Section 24 of Senior Citizens Act, 2007 – Abandonment of father
- Offence -Mah Non-biodegradable Garbage (Control) Act
- Offence of Section 294 IPC – Obscene acts and songs must be at public place – Dancing Girls wearing short clothes and dancing at Banquet hall of Resort is not public place – Offence is not attracted. FIR quashed.
- Offences – Manufacture of fake garments using Puma label – Copyright Act & Trademarks Act.
- Offences under Section 123 of the Representation of the People Act 1950 and 171-H & 188 of the Indian Penal Code.
- One Building, One Society – Shops Cannot have separate Society without legal division – Rules Bombay HC
- Online independent system for reservation of beds for poor and impecunious patients in charitable hospitals
- Online Real Money Games – Restrictions of Time, Monetary Limit, Age Restriction or Aadhar verification
- Open Distance Learning and Online Programs – UGC approval
- Open Plot – Unilateral Deemed Conveyance for society of composite members – (constructed bungalows and open plot holders)
- Order I Rule 10(2) of CPC – Owner is a necessary party to the suit of tenant challenging the notice of Section 53(1) of the MRTP Act – Application of owner to implead in the suit is maintainable.
- Order Refusing Registration under FCRA 2010 Must Give Reasons
- Order under Section 23(3) of Arbitration Act – Whether an interim Award?
- Ordinance X of 2024 – Stringent provisions to maintain sanctity of the forts and monuments
- Organ donation – Consent of donor before death and consent of relative after death – Conflict – Important issue pending adjudication before the Supreme Court
- Organ Donation – No presumption of exploitation if the organ donor comes from disadvantaged class of the society – Refusal of the Committee to give permission – Illegal
- Organisational codes for country-wide institutional litigants for automating electronic services in the judicial process
- Outraging modesty of woman – Quashing of FIR – Unique condition on the petitioner to assist Delhi Traffic Police for 30 days
- Overseas Travel Insurance Policy – Exclusion of expenses incurred on treatment in India
- Paralysis Disability while in service – Section 47 of the Persons with Disabilities Act, 1995
- Parents of deceased “unmarried” employee are eligible for pension – Rule 116(16)(b) of the MCS (Pension) Rules, 1982
- Parents to pursue son’s petition for annulment of marriage after his death
- Parity Doctrine – SC Judgment – Implications for Buyers and Developers
- Partnership Firm & Trust – Money-laundering – Client due diligence
- Passive Euthanasia – A terminally-ill patient in persistent vegetative can execute an Advance Medical Directive or Living Will to refuse medical treatment as the right to live with dignity.
- Passport – Debtors Recovery Tribunal directions for surrender of guarantor’s passport in recovery proceedings – Illegal
- Passport – Minor daughter – Objection of the father on account of matrimonial disputes
- Passport – Refusal to renew in view of pendency of criminal case – Illegal
- Passport – Pendency of case registered under Section 15 of the NDPS Act.
- Passport –Indian citizen minor child of 16 years having custody with mother of a foreign national.
- Pay-scales of AICTE if can be given to the teachers and employees of technical schools governed by the provisions of MEPS Act, 1977 (State Act) & Rules of 1981
- Payment for Suspension of Consultancy Attributable to NHAI
- Payment of Gratuity Act – Applicability to Employees of Heavy Water Plant, Department of Atomic Energy
- Peaceful pamphleteering & banner against the Developer – Criminal defamation
- Pension – Struggle of Hamal of Savitribai Phule Pune University for pension after 30 years of service – Salutary observations of the High Court are “eye opener” for the authorities of Government.
- Pension Cannot Be Withheld for Section 138 NI Act Conviction
- Pepsi Co – Lay’s Potato chips – Cancellation of Registration of Potato variety – Section 34 of the Protection of Plant Varieties and Farmers Rights Act, 2001
- Permanent disablement in accident while on duty – Adjustment of leave salary against compensation under Employees Compensation Act 1923 – Railway Services (Liberalized Leave) Rules, 1949 – Rights of Persons with Disabilities Act, 2016.
- Permission for flatted building on a plot of coop housing soceity – Byelaws or amendment not registered / approved is not valid and enforceable
- Personal Loans Cannot Dilute Duty of Maintenance
- Personal property converted to the Partnership property – becomes property of firm
- Persons with disabilities – Regularisation in service sought to be taken away with retrospective effect
- Persons with Disabilities & Persons with Benchmark Disabilities – distinction for recruitment examinations
- PG Medical Students entitled to incentive marks for Covid duty in government appointments – Decision of the Madras High Court
- Phonepe – Online payment intermediary – accountable for deficiency in service and unfair trade practice
- PIL – Mis-utilization of funds of Rs.98 crores by Agriculture Produce Marketing for construction of 5 star hotel on its land earmarked for market yard
- PIL for removal of Mobile Towers in PMC, PCMC & PCNTDA
- PIL of journalist against Borivali Thane Twin Tunnel Project
- Pioneering and salutary model draft of Legal Audit Act – essential for certification of contracts and business of establishment
- Place of accident Vs Place of filing compensation claim
- PMLA 2002 & of IBC – Interplay between PMLA attachment of assets of corporator debtor and immunity under Section 32A of IBC once Resolution Plan is approved.
- PMRDA & CIDCO – Leasehold lands now Free-hold lands – Government Resolution of 11 Oct 2024
- Police Head Constable – Absence from duty due to transfer – Salary for Non-joining at the place of transfer
- Politics Vs Public Good of Slum Redevelopment
- Pollution – Solid Waste Management -Sustainable Development Fee on Tourists on the lines of Bhutan – Salutary efforts of HP High Court to make Shimla as model town and to make solid waste management sustainable in the State.
- Pollution – Order to close distillery unit – Personal hearing was given at 5 to 5.45 pm of 27.9.2023, on the same day closure order was passed late hours and emailed at 1.38 am on 28.9.2023 –accelerated decision making resulted in several errors and non-consideration of important facts.
- POSH Act & Rules 2013 – Implementation – Supreme Court issued various salutary directions for implementation under various seven heads by the Supreme Court –
- Post on Social Media – merely “liking” another person’s post will not amount “to publishing or transmitting the post” and is not a crime covered by Section 67 of the Information Technology Act, 2008.
- Power Distribution Licensee – Imposition of Reliability Charge
- Powers of SRA -Development / Redevelopment -Slum & contiguous Non-slum area – GR of 15.10.24
- PPF – Three accounts (one of major & two of minor) – Ceiling
- Prayer of NRI to appear before EOW through Video Conference for statement in MPID case
- Pre-arrest bail to accused Police Officer – Presumptions and considerations applied to a lay person may not carry same weight while dealing with Police Officer who is alleged to have abused his office and duty.
- Prevention of Corruption Act, 1988 – exoneration of the accused in the income tax case cannot absolve under PC Act – Important Judgment of the Supreme Court.
- Primary school record – Corrections of change of caste and date of birth – Rejection of request since the student had left the primary school – Regulation 26.3 of the Maharashtra Secondary School Record permits only corrections of “obvious mistakes” –
- Primary Teachers – How to ensure attendance in the school – Use of Technology
- Principles of Natural Justice – Intricate inquiry procedure may result counterproductive – School is unable to punish an employee who has committed gross misconduct of sexually assaulting minor girl.
- Probation – Continuation for 6 years without confirmation shocks judicial conscience –
- Probationer – Deemed Confirmation – Termination – Stigmatic
- Profit-oriented purchase of software is not covered by the Consumer Protection Act.
- Profits or gains from foreign currency fluctuations cannot be treated as export income for deduction under Section 80HHHC of IT Act, 1960.
- Prominent changes in Sec.175 BNSS in comparison to Section 156 Cr PC
- Promoters Cannot Obstruct or Object Deemed Conveyance of Housing Society -Bombay HC
- Promotion – Sealed Cover Procedure – Deemed Date
- Promotion to the Post of Law Officer of Municipal Corporation of Greater Mumbai – Petitioner although senior Deputy Law Officer was denied promotion
- Property Tax – Pune Municipal Corporation – Interesting facts of Amendment Act of 2023 with retrospective effect of 1.4.1970
- Protection of NSE from Online Impersonation
- Public employment – Selection and appointment – Non-disclosure of criminal case and acquittal in the affidavit given after selection – Effect –
- Public Place & Private Use – SC clarifies vehicle tax exemption
- Public Prosecutor – Mah.Govt.Servant Marathi Language Examination Rules 1987 – Increment given even without passing the examination in stipulated period – Legality of action for its recovery at fag end of retirement
- Public Trust registered under the Maharashtra Public Trusts Act, 1950, receiving State grant and running educational institution – Whether “Public Authority amenable to Right to Information Act, 2005.
- PUMA shoes – infringement and sale of counterfeit shoes by Agra Shop Keeper – Injunction, damages of Rs.10 lakhs and costs of Rs.2 lakhs granted by Delhi High Court.
- Pune City – Important questions raised in PIL are pending consideration of the Bombay High Court to save Pune City from the builders and eliminate the problems of traffic, garbage, drinking water, etc.
- Pune University Registrar’s Appointment Challenge Dismissed
- Purchase order and invoice between plaintiff and defendant did not contain arbitration clause. The arbitration clause between the defendant and other companies is not applicable. Section 8 of the AA cannot be invoked.
- QR Code on Trees – Geo-tagging – Important news and article for Nature Lovers, Municipal Councils / Corporations, Activists, Researchers, Schools and the students.
- Quashing of Criminal Case – Prevention of Corruption Act & IPC – Sanction to prosecute After Retirement
- Quashing of FIR for offences under Sections 186 and 353 IPC
- Quashing of FIR on settlement between the complainant & accused – Condition to plant 50 samplings OR to pay Rs.25,000 to the Delhi State Legal Services Authority
- Quasi-judicial Caste Scrutiny Committee – No powers of review caste validity certificate – Tribe Certificates given in 1992 to 2005 and validated in 2005, 2011 and 2012 were reviewed and invalidated in 2022 – Illegal
- Railway – Prosecution of male passengers travelling in female compartment
- Railways – Freight Charges – Difference between Overcharge against Illegal Charge – Refund of Freight charges on account of change in policy and revision of distance table – Section 106(3) of the Railways Act, 1989
- Rajasthan RERA – Subsequent Security Interests of Lenders of Promoters Are Subordinate to the Allottees Rights & Prior Sale Agreement under Section 11(h) of the RERA Act.
- RBI Directions of 26.9.2025 – Streamlining Succession
- Re-development of society building – Right of Senior Citizens to shelter – Petitioner senior citizen is roofless for last 4 years at an old age and cannot be left to suffer on any delayed or impossible re-development.
- Recovery of Housing Society’s Dues – Registrar’s Duty is Not Optional
- Recruitment – Online Option for consideration from female category- Care to be taken by the candidate – Bombay High Court
- Redevelopment – Hurdle of objecting two members – Interim relief to solve stand-off
- Redevelopment – Plight of Tenants – Coercive demand of property tax for failure of Developer to obtain OC
- Redevelopment – Third party flat purchasers from developer have no privity of contract with housing society, its property and redevelopment
- Redevelopment – Developer & IBC – Classic impasse for permission – Society dilapidated building
- Redevelopment – Refusal of further permission only because the public road is less than 9 mts –Does it mean that the owner should on his own widen the public road to minimum width of 9 meters. Interesting case and facts as to how the authorities think and act against the public interest in redevelopment.
- Redevelopment – Slum Area – Eviction of Slum Dwellers
- Redevelopment – Termination of appointment of Developer – Interim Injunction
- Redevelopment – Transit Rent paid by the Developer / Builder is not liable to TDS – Section 194(I) of the Income Tax Act, 1961
- Redevelopment approved by majority members – Dispute between legal heirs of only one deceased member in the Civil Court – Salutary and innovative order of Cooperative Appellate Court to pave way for redevelopment
- Redevelopment Dispute – Termination – New Developer & Injunction
- Redevelopment Flat Possession Date & Capital Gains Taxable Year
- Redevelopment of 11.20 acres land in Sion Koliwada, Mumbai by MHADA through Tender
- Redevelopment of Chandan Cinema in Juhu in the vicinity of defence establishment – Notification of 19.7.1976 – Works of Defence Act
- Reference by the Civil Court to Arbitration – Allegations of fraud & false documents
- Reference of Dispute by Insured to Arbitration after full and final discharge voucher
- Refiling of Section 34 petition after removal of defects is Fresh Institution
- Registered Post Vs Receipt – Section 138 NI Act Notice – Limits of Section 27 GC Act presumption
- Remedy for Legal Heir to challenge Arbitral Award
- Removal from Service for absenteeism – Whether entitled to Compassionate allowance
- Rent as per Ready Reckoner – Renewal of Lease of Government land
- Report on Road Accidents of 2022 – seven key takeaways of the Report and the statistics are “eye opener” for all of us
- Repudiation of Claim -Treatment of cancer – Suppression of material facts and daily alcohol drinking
- Repudiation of claim of Rs. 5 crores on the ground of concealment of material facts – Earlier insurance history information was concealed and date of birth (14.10.1960) given in the form did not tally with the birth certificate of 1961 is Illegal.
- Repudiation of insurance claim for fire accident is illegal on three grounds as held by the National Consumer Commission
- Repudiation of Insurance Claim on the ground that the loss was outside policy
- RERA – Joint Liability of the Promoters even if home buyer had paid amounts to one of the promoters – Order of the MahaRERA Appellate Tribunal for refund by both the promoters – Legality
- RERA – Goa – Appointment of Member in Breach of recommendations of the Selection Committee
- RERA Act – Home Buyers – No bar to claim Interest claimed after taking possession of the flat – Relief to the home buyers
- RERA Act 2016 – Obligation of the promoter to deposit of amount awarded by the MahaRERA in the Appellate Tribunal – Mandate of proviso to Section 43(5) to entertain appeal of the promoter
- Resignation – forceful or not out of free will – consideration and requirements of essential ingredients – Supreme Court of India
- Resignation – Legality of rejection of request for withdrawal of prospective resignation – Principle of vinculum juris that relationship of employer and employee continues during resignation notice period.
- Retail Trade outside purview of Section 7 of MSME Act 2006
- Retirement Homes for Senior Citizens – MahaRERA Draft Regulations of 2.2.2024 – Important salient features of Regulations on safety and security
- Return of stolen property to the complainant during investigation or trial – Salutary guidelines
- Right of owner to redevelop property Vs insistence of tenant(s) for “repairs”
- Rights of Persons with Disabilities Act– Transfer of differently-abled employee
- Rights of Persons with Disabilities Act, 2016 – 90% Hearing impairment of the petitioner -No reservation in Recruitment in the Madras High Court – Non-Selection of Sanitary Worker
- RTI – Disclosure of Marks at the recruitment – Transparency
- Rule 3A of the BHC Appellate Side Rules, 1960 – Jurisdiction of the Kolhapur Circuit Bench
- Rule 86A of the CGST Rules – State Tax Officer has powers to block input tax credit – Sections 5 and 6 of CGST Act and MGST Act
- Rules 32 and 81 of the CMV Rules, 1989 – Additional fees for delay in renewal of driving licence, registration certificate, delay in giving NOC – Constitutional validity –
- Sale of Trust Property – Three Classic requirements
- Sales Tax dues of an proprietor – Attachment of jointly owned flat
- Salt – Substandard – Penalty under FSSI Act, 2006
- Salutary PIL – Public Interest Litigation for disclosure of unauthorised construction at the time of contesting elections to local authorities
- Sanction – Public Servant – Prevention of Corruption Act, 1988 – Sanctioning authority granted sanction at the dictum and opinion of the Law Department – Illegal
- Sandmining impact on Environment –Supreme Court Judgment
- Saptpadi – Marriage is solemnized, becomes complete and binding when seventh step is taken – Interesting facts unfolded in SC Order –Sections 7 and 8 of Hindu Marriage Act –
- SARFAESI – Refusal of District Magistrate to execute order for possession of secured assets only on the objection of Third Party – Illegal
- SARFAESI Act – Auction Sale – Interim stay by Consumer Forum
- SARFAESI Act & MVAT Act – Ranking of priority and first charge on secured – Conflict of Section 37 of MVAT Act with Section 26E of SARFAESI Act.
- SC – Highest Sale Exemplar must guide land compensation
- SC – Landowners not jointly liable with the Developer for construction delay or possession or deficiency in service
- SC – Legal Aid Must Be Timely, Accountable & Digital
- SC – Legal Metrology Search Must Follow Cr PC for search
- SC – Liability of Driver and Bus taken for election duty – Accident Compensation
- SC – Pay-reduction penalty permissible and enforceable after retirement of Bank employee, as per service regulations.
- SC – Procedure is handmaiden of justice, not its mistress
- SC – Section 13(1A) of the Commercial Courts Act
- SC – Section 21 Arbitration is directory, Not Mandatory
- SC – Section 4A(3)(b) of the Employees Compensation Act – Penalty on Insurer
- SC -Technical Bid – disqualification must be based on clear grounds
- SC – 65 Days of Marriage, 10 Years of Litigation – Mediation is the Noble Path
- SC – Consumer – Leasing a residential flat not commercial purpose – Consumer Rights of Home Buyer restored
- SC – Conviction of 1994 under Essential Commodity Act Quashed – Cement Control Act Inapplicable Post-1989.
- SC – Disability Pension to Ex-Servicemen is a recognition of sacrifice and right to arrears cannot be diminished by limitation law
- SC – Once Debt and Default are established, admission of Section 7 IBC Petition is mandatory.
- SC – Private Doctors Requisitioned in Covid-19 Entitled to Rs.50 lakhs PMGKY Insurance
- SC – Purchaser of property after an arbitral award and during its execution being a transferee pendente lite cannot resist execution of award.
- SC – SAIL Gratuity Rules – retired employees cannot retain quarters and simultaneously claim gratuity with interest
- SC – Section 202 Cr PC Inquiry Not Mandatory Complaint is by a Public Servant – Drugs Inspector in discharge of official duties under the Drugs Act and the Rules
- SC – Society Cannot Arbitrarily Defeat Membership
- SC Bars Retrospective Change of Recruitment Rules after Written Examination
- SC Cautioned Insurers against denying claims based on speculative or irrelevant technicalities.
- SC Clarified that Section 15(2)(3) and (4) must be read together; substitution of arbitrator preserves continuity and prior proceedings remain valid.
- SC Clarifies – Exoneration in Departmental Inquiry No Bar to Criminal Trial
- SC Clarifies – Section 138 NI Act Tied to Payee’s Bank Branch
- SC Clarifies – Who counts as Party for Delivery of Arbitral Award?
- SC Clarifies – AICTE Career Advancement Regulations Do Not Govern State Recruitment of Professors in State Government Engineering Colleges
- SC Clarifies – Trustee Alone Liable in Cheque Bounce Case, Not the Trust
- SC Clarifies Consumer Status of Corporate Body in FDR Fraud Disputes – Upholds NCDRC’s dismissal of consumer complaint
- SC Clarifies Distinction Between Filing Vs. Registration under NCLT Rules – Refilled Amended Petition of Homebuyers Maintainable
- SC Clarifies on SEZ Framework and Customs Duty – Adani Power Judgment of 5.1.2026.
- SC Clarifies Scope of Pre-Existing Dispute for Section 9 IBC
- SC Clarifies Section 29A – Award passed after expiry of Mandate is unenforceable but not void
- SC Clarifies Section 59(2) of the Factories Act – Overtime includes HRA, TA and Other Allowances.
- SC Clarifies Section 9A of Stamp Act – Society Registration is Conclusive Proof for exemption
- SC Cuts NCDRC’s Award of Rs.2 crores for faulty hair cut at ITC Beauty Salon, for lack of evidence
- SC Defines Boundaries -Mobility from Reserved to General category
- SC Discourages post-award enforcement litigation
- SC Enhances Compensation for Parents of 14-year-old Accident Victim
- SC for secure, tamper-proof technologies like Blockchain-based Digitzation of Property Documents and Land Records
- SC Judgment of 269 pages Brings Clarity on Termination of Arbitral Proceedings
- SC Judgment of 3.2.2026 – Enforcement of Arbitration Agreement Begins with its Authenticity
- SC Judgment of 5.1.2026 – Neutrality in Arbitration Reinforced
- SC Landmark Reaffirmation of Sanctity of Registered documents to educe frivolous litigation over Sale Deeds
- SC Landmark Ruling on Medical Negligence, Hospital Accountability, Patient’s Rights to Compensation and Jurisdiction of Medical Council
- SC Mandates Disclosure of Pending Litigation in Auction Notice
- SC observations on Arbitral Process need consideration
- SC on Arbitral Award with 24% interest as per loan agreements – Valid
- SC on grant of Bail – Cheating and Breach of Trust involving Rs.11.52 crores – Criminal Antecedents & Long Abscondence of accused
- SC on Letter of Intent, Legal Character, Rights of Parties
- SC on Negligence – Accident between Trailer & Truck and safe distance under the Rules of the Road Regulations, 1989
- SC on Policy Coverage of “FFF”
- SC on Section 5A of the Bombay Electricity Duty Act, 1958 – Withdrawal of Exemption to captive power generators – doctrine of promissory estoppel and legitimate expectation
- SC on Section 64 MSC Societies Act & IBC – Eligibility of Cooperative Society for Resolution Plan
- SC on threshold limit of 100 allottees – second proviso to section 7(1) of IBC on the date of Insolvency Petition
- SC Protects Theatre Rights Against Distributor Cartels – No More Ban
- SC Quashes Arbitrary Bid Rejection to ensure Fair Play in Public Tenders
- SC Reaffirms Burden of Proof on Involvement of Offending Vehicle in Accident Compensation Claims
- SC Reaffirms Limits of Property Title – GPA & Agreement to Sell
- SC Reimagined Cheque Bounce Cases
- SC Reimagined Compensation in Functional Vs. Medical Disability
- SC Reinforced that consumer protection overrides restrictive builder-buyer one-sided, unreasonable clauses in standard form of the contract.
- SC Reiterated the Commercial Wisdom of CoC – Courts cannot interfere with approved Resolution Plan except on limited grounds under Sections 30(2) and 61(3) of IBC.
- SC Rejected Cess Deduction belated at Exeution Stage of Arbitral Award without statutory backing
- SC Rules of the game cannot be changed once the game has begun – MBBS Admission
- SC Says Affidavit Error Cannot Defeat Section 7 IBC Petition
- SC Says that the Employers Cannot Haunt Retirees Without Statutory Authority and Powers
- SC Signals Zero Tolerance – Exemplary Costs for Illegal Allotment of HUDA Deluxe Flats to Reinforce Accountability in Administrative Actions
- SC Strengthens Rule of Law in Passport Renewal Cases
- SC Upheld Collective Insolvency Petition of Home Buyers Against Multiple Developers
- SC Upholds Diploma Holder’s Eligibility for Pharmacist Posts – Statutory Recognition Prevails
- SC Upholds Home Buyers Rights – IBC Resolution Plan
- SC Upholds Landowner’s Preferential Right in Slum Redevelopment
- SC upholds pendente lite interest despite contractual bar
- Scheduled Tribe – Remission of Court fees in Civil and Criminal cases – Cabinet decision of 25.2.2024
- Scholarship to the Scheduled Caste students – direct transfer to their accounts instead of earlier transfer to the accounts of private institutions – Legality of change in Govt policy from 2021
- School Transfer Certificate – Retention for non-payment of school fees –
- School Tribunal – Maintainability of Appeal against Grant of Higher Scale of Trained Teacher – Section 9 of MEPS Act
- SCNotice of Tender Must be Clear and Unambiguous –
- Scooty rammed in rear side of water tanker – Contributory Negligence
- SEBI – Interim Impounding Order dated 5.4.2024 – first of its kind to protect securities market and the investors
- SEBI’s recent adoption of ODR and SBI Complaint Redressal System
- Second holiday home – you can have – salutary takeaways of SEBI Guidelines allowing Fractional investment and ownership holiday home – you should know
- Section 91(1)(b) of the Code of Civil Procedure, 1908 – pre-requisites for Leave to institute a suit in public interest
- Section 10(46) of Income Tax Act, 1961 – If NOIDA entitled to exemption
- Section 109 of IPC & Prevention of Corruption Act, 1988- Housewife made co-accused only because assets were purchased by husband in her name.
- Section 11 – Appointment of Arbitrator – Disputes of Partnership
- Section 11 of Arbitration Act – Place of Arbitration – Delivery challans Vs. Purchase order –
- Section 11 of MOFA – Unilateral Deemed Conveyance – Whether it can be made subject to the right of way to the adjoining plot?
- Section 11 of MOFA – Deemed Conveyance – Powers of Competent Authority – SC Judgment
- Section 11 of MOFA Act, 1963 – Deemed Conveyance as per terms of Agreement
- Section 11(6) of AA – Powers of Referral Court to decide Arbitrability of Disputes
- Section 11(6) of AA – Exclusion of time taken for settlement from limitation
- Section 11(6) of the Arbitration Act – Limitation for application
- Section 12 of the DV Act – Widow has right to reside in the shared household & matrimonial home
- Section 125 Cr PC – Interest on Maintenance & Arrears
- Section 125 Cr PC – Maintenance to a woman who is not legally wedded wife but living with a person as wife and husband for long period – Madhya Pradesh High Court
- Section 12A -Commercial Courts Act – Legal notice for mediation
- Section 13 of the Commercial Courts Act, 2015 – Powers to condone delay
- Section 13(2) of Slum Act – Termination of Developer after 31 years
- Section 13(8) of SARFAESI Act – Right to Redemption of Mortgage & Rights of Auction Purchaser
- Section 133 of Cr PC – Stone crushing plants near Atul Setu
- Section 135, 138 and 151 of the Electricity Act, 2003 – Offences could not be invested by the police and no cognizance can be taken on the charge-sheet filed by the police officer.
- Section 138 of NI Act – Cheque of Foreign Bank payable in UAE currency – Transaction in UAE – Cheque presented in the ICICI Bank in India, dis-honoured and complaint filed in Court in India –
- Section 138 of NI Act against Independent / Non-executive Directors, CFO
- Section 138 of the NI Act – Liability of Accused who ceased to be Partner
- Section 138 of the NI Act – Liability of Accused who ceased to be Partner
- Section 14(1)(a) – Arbitration Act – Termination of mandate of Arbitrator
- Section 141 of NI Act – Vicarious liability of Directors for dishonour cheque of the Company
- Section 143-A – NI Act – Interim Compensation – Liability of Directors for Company Cheque
- Section 144 CPC – Powers of Restitution
- Section 148 -NI Act – 20% payment pending appeal against conviction
- Section 148 of Income Tax Act – re-assessment notice to the non-existing company
- Section 148 of NI Act – suspension of sentence – authorised signatory of company cheque
- Section 154B-13 of the MC Societies Act – Mandatory Duty of the Housing Society to transfer shares and admit nominated person as Member
- Section 154B-29 of the Maharashtra Cooperative Societies Act, 1960 – Certificate for recovery of maintenance against legal representatives – Maintainable
- Section 16 higher Interest of MSMED Act applies even in adhoc arbitration
- Section 16 order & Interim Award for Section 34 AA petition
- Section 17 AA Interim relief Not Automatic in Redevelopment Arbitration
- Section 17(2)(vi) of the Registrar Act – Compromise in divorce petition
- Section 18 of MSMED Act – Council has powers to decide question of its jurisdiction
- Section 18 of MSMED Act – Whether registration is necessary pre-condition to refer dispute to the Facilitation Council?
- Section 18 of RERA – Can home buyer withdraw from the project after OC
- Section 18 of the MC Societies Act – Division of Societies
- Section 18 of the SARFAESI Act is mandatory for appeals to DRAT, irrespective of whether the order challenged is final or procedural.
- Section 19 of MSM Enterprises Development Act, 2006 –
- Section 19(3) AA – Powers of Arbitrator to allow withdrawal of a claim to file a fresh claim.
- Section 199A of the Motor Vehicles Act & Offence by Juvenile created is sui generis.
- Section 206(4) of the Companies Act, 2013 – Essential ingredients
- Section 217 Companies Act & Criminal Prosecution
- Section 21A of MCS Act – Purchasers – No locus standi to challenge registration
- Section 22(2) of MC Societies Act – Membership of Housing Society on the basis of Purchase of Basement & Parking Area
- Section 24 of CPC – Transfer of Section 12 PWDV Act application to the Family Court
- Section 25 of the Hindu Succession Act – disqualification – dowry death
- Section 27 of the Contract Act – Termination of contract – Interim Injunction in Section 9 AA petition
- Section 28 of the MCS Act – Purchase of Five Bungalows by the Company in the Housing Society
- Section 28A of the Land Acquisition Act, 1894 – Maintainability of Application for re-determination of compensation
- Section 29A does not provide extension of mandate of Arbitrator after the award is passed
- Section 29A(3) of Arbitration Act is mandatory
- Section 3-D of the National Highways Act, 1956 and Extinguishment of Leasehold Rights
- Section 304A IPC & Section 92 of Factories Act, 1948 – Section 26 of General Clauses Act
- Section 31(7)(b) of the Arbitration Act – Interest @18%
- Section 31D of the Copyright Act – What it permits and What it prohibits – interesting dispute between Tips and Wyank
- Section 33 – Arbitration Act – time line – Clarification Order
- Section 33 Review Application and Delay in filing section 34 petition
- Section 33(1) of the Copyright Act, 1957 does not curtail power of owner to grant any interest in the copyright by license under Section 30 – Status of Copyright Society and the Owner in the scheme of Copyright Act
- Section 34 Court – Obligation to consider the grounds and record findings
- Section 34 Petition – Interplay of Limitation and Section 12 of the Limitation Act
- Section 34(4) of AA -Application for remand to the Arbitrator to eliminate grounds of challenge to the arbitral award on certain issues –
- Section 353 of IPC – Offence against Advocates for interfering in CBI search of client’s office
- Section 357-A Cr PC – Victim Compensation Scheme – Minor children of victim wife – Husband poured kerosene on the wife for not giving money for liquor and caused her death
- Section 36 of the Maharashtra Public Trusts Act, 1950 – Salutary provisions – Sale of the Trust Property – Powers and Duty of the Charity Commissioner
- Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950 – Extension of time for sale deed
- Section 36(3) of the AA – Unconditional stay to the Arbitral Award for money – Illegal – Conjoint application of Section 36(3) and Order 41 Rules 5(1) & 5(3) of the CPC
- Section 4 – Residence Order – Right of senior citizen to live in peace and without obstruction
- Section 42 of the Arbitration Act – Interplay of two clauses on jurisdiction and seat of arbitration
- Section 438 of the Cr PC – Maintainability of Anticipatory bail application of an accused who is already arrested and in custody in another crime
- Section 439 – Cr PC – A person is deemed to be in custody after the police had held him.
- Section 46 of MRTP Act – NOC of Defence Establishment for development within its vicinity – Validity of Circulars – Works of Defence Act 1903.
- Section 47 of the Registration Act, 1908 – Time from which registered document operates – Whether sale takes effect from the date of execution or date of registration
- Section 48 of the Maharashtra Stamp Act, 1958 – Application for refund of stamp duty of cancelled agreement of sale was rejected since it was not done within a period of five months
- Section 482 – Cr PC – Second petition on the grounds available at the time of filing first petition but not raised in the first petition, is not maintainable
- Section 482 of the Cr PC – Maintainability of Applications for quashing of proceedings under Section 12 of the DV Act 2005
- Section 48A of the Maharashtra Stamp Act – Limitation for refund starts from the date of execution of cancellation deed
- Section 48A of the Maharashtra Stamp Act – No express powers to review earlier order of refund of stamp duty
- Section 48A of the Maharashtra Stamp Act – Refund of stamp duty wrongly retained – Interest granted
- Section 5(2) of the Indian Telegraphs Act, 1998 – Interception of telephonic messages of public servant
- Section 50 BPTA – Consent of Charity Commissioner for Civil Suit of Trustees
- Section 52 of the Transfer of Property Act – Lis Pendens starts with the “institution” of proceedings
- Section 55 of the Maharashtra Rent Control Act – Effect of non-registration of lease agreement
- Section 55(5) of the Motor Vehicles Act – Cancellation of Imported Car Registration Certificate
- Section 56 – Maharashtra Police Act – Externment for offences other than IPC
- Section 56(2)(x) of the Income Tax Act – Redevelopment – New Flat in lieu of old flat – Tax liability
- Section 63 of Bombay Tenancy Act, 1948 – Penalty & resumption of land
- Section 64VB of the Insurance Act Clarified – Insurer Bound to Honour Policy Once Premium for Renewal received
- Section 7 of IBC – Interplay of Sections 5 & 18 of the Limitation Act for counting period of limitation.
- Section 7(1)(ii) read with Section 3(2)(c) and 4(1A)(a)(i) of MOFA.
- Section 70 CGST Act – No Need to issue 7 days’ Notice for summons
- Section 8 AA Reference Rejection Set Aside : Bombay HC Reaffirms Pro-Arbitration Approach
- Section 8 of AA – If arbitration agreement is brought to the notice of Commercial Court in written statement, it is sufficient compliance and its jurisdiction perishes even in the absence of formal separate application.
- Section 80P of Income Tax Act 1961 – Deduction – Cooperative Society for profits arising out of credit given to its members
- Section 9 – Interim relief of status quo on transfer of shares pending Arbitration in Singapore
- Section 9 -Arbitration Act – Court has wide powers to grant wide range of interim measures
- Section 9 AA – Interim relief for gag order on distributing from making disparaging statements
- Section 9 AA Petition of 90 years old USA resident for interim measures
- Section 9 Arbitration Act & Section 52 of TP Act – Lis Pendense purchase
- Section 9 Not Extinguished by filing of Part II Foreign Arbitral Award Recognition Petition – 2026 Important Ruling of Bombay HC
- Section 9 of AA application for interim measures is maintainable even if there is legal deficiency of insufficiently stamped or unstamped Arbitration Agreement
- Section 9 of the AA – Interim Injunction – Interpretation of deed of copyright transfer – whether for remake only or also for sequel
- Section 9 of the Arbitration Act – Application to foreign seated arbitrations
- Section 9 of the Arbitration Act – Territorial Incompetence
- Section 9 Petition – Interim relief – SIAC Foreign Award – Section 37 appeal
- Section 9 petition of sub-contractor against contractor
- Section 9 Petitions – Interim Relief – Access to the amenities in Lodha Worli
- Section 9(3) of the AA is not absolute bar – Application for interim measures against third party even after appointment of Arbitrator under Section 11 between the parties is maintainable
- Section 96 of IBC – Interim moratorium commences only after application is given regular case number by NCLT
- Section 96(b) of the Cantonment Act 2006 – Constitutional Validity – Pre-deposit of Property Tax
- Sections 13 & 13(1A) of the Commercial Courts Act – Whether Executing Court is a Commercial Court –
- Sections 139 and 141 of the MC Societies Act – Discharge of Surety from Loan Liability
- Sections 14 and 29A(6) of the Arbitration Act – Extension of mandate of the Arbitrator and Substitution of the Arbitrator –
- Sections 17 and 18 of MSMED Act 2006 – Principles of Limitation are applicable to the claims for “amount due” and if Claims are stale / dead, they cannot be entertained – Full Bench Judgment of the Bombay High Court
- Sections 17 and 37(2)(b) of AA – Legality of Arbitrator order refusing interim relief since Term Sheet is not a concluded contract.
- Sections 2(1)(e) and 29A(4) and (5) of the Arbitration Act, 1996 – Interpretation of “Court” – Extension of time to make award in a case where Arbitrator is appointed by Party
- Sections 21, 11 and 16 – Arbitration Act – Bar to impleadment of parties in the Statement of Claim
- Sections 25, 26 and 44 – Water Pollution Act 1974 – Conviction and Sentence -Vicarious Liability
- Sections 26 and 27 of the Arbitration Act – Appointment of Advocate Commissioner for inspection of property to assess market value pending arbitration application under Sec.3G(5) of NH Act 1956
- Sections 28, 108, 112(a), 112(b), 113A, 129A and 138B of the Customs Act – Order for confiscation, recovery of duty for concealed goods, interest and personal penalty
- Sections 32A and 33(5) of IBC overrides Sections 5 & 8 of PMLA & – Attachment of auctioned property under liquidation under PMLA is illegal
- Sections 33 & 38 of the Maharashtra Slums Act, 1971
- Sections 41 and 52 of TP Act 1882 – Protection of Bona fide Purchaser and Doctrine of Lis Pendens
- Sections 420, 468 & 471 IPC and Section 12(b) of the Passports Act 1957 – Allegations of father about his forged signatures by wife on the application aimed at obtaining the minor’s child passport.
- Sections 50(2) proviso & 25 of the Land Acquisition Act, 1894 – Acquisition of the open land for recreational ground under Section 126(1)(b) of MRTP Act, 1966 – Writ Petition of Local Authority challenging Award
- Sections 52 and 53 of MRTP Act – Tenant cannot challenge notice of Municipal Corporation
- Sections 6, 9, 154B-2(4) and 154B-1(8).of MC Societies Act and Section 10 of MOFA.
- Sections 77A & 154B-19 of MC Societies Act & GR dated 3.1.2024
- Sections 9 and 11 of the Arbitration Act & SARFAESI Act – Arbitrator OR DR Tribunal – Petitioner is non-banking financial institution giving loans for purchase of vehicles.
- Secured Creditors – Priority over the assets attached PMLA and MPID Act – SARAESI Act, 2002
- Security Guard at Safdarjung Hospital during Covid-19 lost his life Compensation -PM Garib Kalyan Package – Insurance for workers fighting Covind-19”
- Selection for Police Constable – Reserved Category – Shown as failed for difference in date of birth shown in the application and the school mark sheet.
- Senior Citizen – removal from her own flat – High Court ordered restoration
- Senior Citizens Act – Eviction Order without any claim for maintenance or allegations of harassment or cruelty.
- Senior Citizens Act – Maintenance of parents does not depend on property given to the children.
- Senior Citizens Act 2007 – Section 23 – Cancellation of Gift Deed – Consideration of ownership of property is important – Condition of gift for maintenance can be proved by pleadings and evidence
- Senior Citizens Act 2007 & Domestic Violence Act 2005 – Interplay of Rights senior citizens to secure their house and a woman to shared household in matrimonial home.
- Senior Citizens Act, 2007 – Annulment of Deeds of Property Gift to the son for denial of basic amenities to the mother
- Senior Citizens Act, 2007 – Petitioners, aged 91 & 84 years approached High Court for directions to the Senior Citizens Appellate Tribunal (Collector) for expeditious disposal of their appeal
- Senior Citizens Act, 2007 – Section 23 – Maintenance Tribunal is not a civil court and has no powers to declare a registered gift deed as fraudulently executed
- Senior Citizens Act, 2007- Maximum limit of Rs.10,000/- maintenance under Section 9(2) is applicable to each senior citizen and not qua all the senior citizens in the family and each child or relative.
- Senior Citizens and Parents – Protection and Maintenance – Order directing the son to vacate the flat and pay maintenance of Rs.5000 per month to the parents – Police aid for Implementation.
- Seniority of Secondary School Teachers – Category C of Schedule F of the MEPS Rules 1981
- Service Jurisprudence – Importance of clean acquittal for appointment in police service
- Service of Notice through Whatsapp or other electronic modes– Section 41-A Cr PC (Section 35 of BNSS 2023).
- Service Tax for land owner’s share under “construction of residential complex services”
- Service Tax on Legal Services by an Advocate or a partnership firm of Advocates – Exemption – Notification No.25/2021 dated 20.6.2012 – Powers and Jurisdiction of the Designated Officer
- Service Tax on Ocean Freight Imports under CIF contracts for Silvassa unit in 2017 – transportation cost upto customs station in India incurred by foreign supplier
- Settlement Agreement – Interplay of Sections 11(6), 73 & 74 of the Arbitration Act
- SEZ Developer as deemed a power distribution licensee – conditions.
- Share Holders Agreement Enforcement in India through Foreign Arbitral Awards
- Sharjah Court Foreign Decree – Execution in India – Sections 13 & 44A CPC and Reciprocating Country
- Shortfall in Minimum Hospitalization Hours Cannot Defeat Claim
- SIM Card – Indisputable verification to eliminate cyber fraud in on line services
- Slum Land – Compulsory Acquisition Vs preferential right of owner for redevelopment
- Slum Redevelopment – SRA – Pre-emptive or preferential right of Public Sector Undertaking over Private Developer – Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
- Smart Mirror – Interesting technology and features – Today news article in Sakal marathi newspaper (pune edition)
- Smartwatch – Invoice “Goods once sold will not be taken back or exchange” raises legal considerations for consumer protection and fair trade practices.
- Society Bifurcation Upheld : Bombay HC No Need for CIDCO Permission – Section 18 of the MC Societies Act.
- Society Wins Conveyance, Owners Must Go to Civil Court : Bombay HC Mandate
- Solar Energy Trading – Peer to Peer Trading through Blockchain Technology – Revolutionary decision of the Karnataka Electricity Regulatory Commission
- Sound of the Law – Bombay HC Protects Live Music Orchestra in Restaurants for Entertainment Licence under the Maharashtra Police Act, 1951 and the Public Amusement Rules, 1999.
- SRA – Demolition of 17-years redeveloped building to give benefit of DPCR 2034 to new developer
- SRA – Redevelopment – Section 13(2) of Slum Act 1971 – Termination of Developer
- SRA Redevelopment – Height Clearance NOC of Airports Authority of India
- Stamp Duty – Development Agreement – Revenue sharing of sale proceeds with Owner – Market Value –
- Stamp duty – 1989 Agreement – Duty paid in 1995 under Amnesty Scheme – Deficit demand in 2016
- Stamp Duty – Demand for Refund – Un-executed conveyance deed –
- Stamp duty – If payable on every increase in share capital of a company
- Stamp Duty – Property of Public Trust – Market value of property sold in auction – Rule 4 of the Maharashtra Stamp Rules 1995
- Stamp duty of Rs.7,38,99,000/– Scheme of Arrangement of TTML & Demerger with Airtel
- Stamp duty paid in 2013 – Refund application made in 2019 – period of limitation – Section 48 of the Maharashtra Stamp Act
- Stamp Duty refund – Court Upholds Restitution and Interest
- Stamp duty refund -Transaction Fails – No Cancellation Deed
- Stamp Duty Refund & Condonation of Limitation
- Stamp Duty Refund for Developer’s Default & Court Delay – Illegal
- State Consumer Commission – Liability of Employees Coop Credit Society for Undisclosed and Unilateral Restrictions on Premature Withdrawal of Deposit of Retired Employee
- Stray dog bite on public roads – Compensation of Rs.10,000 per tooth mark of dog and various directions issued in the Judgment of PH High Court
- Stray dogs & Human – dog conflict – Animal Birth Control Rules, 2023 – Petitions against the animal lover who kept stray dogs in his house – Nuisance to the residents.
- Sub-Contractor Stranger to Contract with Employer – Cannot Compel Arbitration against Employer – Ruling of the Supreme Court
- Subvention Home Loan – Default of EMI payments by Builders
- Sugarcane farmers – Right to full payment in 14 days of supply to factory
- Suit for eviction – Effect of sale of premises by owner during pendency of suit – Order 22 Rule 10 of CPC – Procedure in case of assignment before final order in the suit –
- Super area – extra amount of increased sale area – Developer must give reasons, computation & calculations
- Suppression of material fact of involvement in a criminal case by a candidate seeking recruitment to the police force – Cast serious doubt on the character and the antecedents sufficient to disentitle him from employment
- Supreme Court – Accident Compensation – Functional Disability Vs. Physical Disability
- Supreme Court – No MV Tax on Construction Equipment Vehicles
- Supreme Court – Relaxation in Eligibility Criteria Vs. Merit Determination
- Supreme Court – Succession Certificate obtained behind the back of a known minor legal heir is vitiated
- Supreme Court – Tender acceptance & Letter of Intent Cannot Trigger Arbitration
- Supreme Court – Foreign Arbitral Award Cannot be Re-litigated in Section 48 Enforcement Court on Grounds Rejected by Singapore High Court
- Supreme Court – Insolvency Code cannot be invoked to revive terminated development agreements
- Supreme Court – Landmark 2026 Judgment – Financial Creditors Free to Pursue Dual Insolvency Actions for One and Same Debt against two – Borrowers and Guarantors.
- Supreme Court – Landmark Judgment of 8.12.2025 on Judicial Restraint in Fiscal Matters including revision or increase of property tax
- Supreme Court – Minor Differences in scoring or evaluation of the tenders of the bidding contractors do not justify judicial intervention.
- Supreme Court – Section 139 of the Contract Act – Discharge of the Surety on variation of the contract of creditor & borrower without knowledge of sureties.
- Supreme Court – Section 45A ESI Act Applicable, Available & Can Be Invoked Only when No Records Produced by the Employer
- Supreme Court Bars Cognizance of Private Complaints for offences under Sections 448 and 451 of the Companies Act
- Supreme Court Bars HC Review Powers – Finality of Section 11 Arbitrator Orders
- Supreme Court Clarifies Law on Bill Discounting and Compounding Interest in Arbitration
- Supreme Court Confirmed Deemed Conveyance
- Supreme Court Expands Framework for Child Injury and Disability Compensation
- Supreme Court HELD that where a contract expressly bars interest, the Arbitral Tribunal cannot award pre-award or pendente lite interest – even indirectly as “compensation”.
- Supreme Court Invalidates Change of Land Use for Cement Unit – Master Plan Cannot Be Bypassed
- Supreme Court landmark Judgment to eliminate unauthorised construction
- Supreme Court on Rule 107(11)(g) to (k) of 1961 MC Societies Rules and Failure to deposit auction amount within stipulated period.
- Supreme Court Restored the Bidder’s Rights in auction of industrial plot
- Supreme Court Ruling Curriculum Defines Qualifications and Eligibility Criteria
- Supreme Court says – Fire is Fire – Insurer Cannot Evade Claim on Technical Grounds
- Supreme Court Strengthens Jurisprudence of Service Law on Fairness and Due Process in Disciplinary Inquiry
- Supreme Court Strengthens POSH Act by Broadening “Workplace” Jurisdiction
- Supreme Court Upholds Forfeiture of Deposit for Breach of Timelines in IBC Liquidation Sale
- Surrogacy – Maternity / Paternity & Child care Leave – Central Govt employees
- Surrogate Vs Biological mother – Litigation for Custody of twin minor daughters
- Suspension at the fag end of service – Charge Sheet served 12 days before retirement
- Suspension of Assistant Teacher – Motor accident offences – Illegal – Such offences do not involve moral turpitude – Statute 433-A(3)(A)(i) of Savitribai Phule Pune University
- Tattoo – Unfit for employment in Central Industrial Security Forces
- TDR – SR Scheme under old DCPR 2019 is not eligible for additional TDR under DCPR 2034
- TDR Certificate for DP Road of 30 mts width used in the land of Coop Housing Society in Bibavewadi Tq Haveli District Pune
- TDR for Development of road constructed in 2011 in Pune Municipal Corporation area at the cost and expenses of members of the Petitioner – CREDAI-METRO PUNE Association
- TDS amounts constitute payment – Arbitral Award for Refund to the Contractor – Supplier
- Telecom Cyber Security – Draft Rules of 2024
- Tender – disqualification of contractor for non-compliance of GST condition in the Tender – illegal – Condition was non-essential and although other bidders did not submit GST returns they were qualified
- Tender – Gas Cylinder Rules, 2016 – Dilution of Technical conditions of PESO Registration & certificate affecting public safety and health – Supply of Chlorine Gas to the City of Mumbai
- Tender – Eligibility Condition of Supply of Sports Kits for last three years
- Tender conditions – law does not compel a man to do that which he cannot possibly perform.
- Termination – Disciplinary Inquiry on Anonymous Complaint after 16 years – Propriety and Legality
- Termination of Chief Human Resources Officer of National Stock Exchange – Maintainability of Writ Petition
- Termination of Superintendent Central Excise on the advice of the Director General of Vigilance – Advice is not mandatory – Disciplinary Authority has to take decision independently – Rules 14 and 15 of CCS (CCA) Rules 1965.
- Territorial jurisdiction – Bombay High Court – Rule 10 of the Central Excise (Appeal) Rules, 2001.
- The New Shop for 24×7 shopping for daily needs – closure timing – Mah Shops Act
- Third party buyers cannot be dragged into arbitration.
- Title Dispute of Open or Garden Area of Row House & Transfer of Membership
- Title Insurance – Protection to the owners and lenders against financial losses from the defects in the title or ownership of a property.
- Tourism Growth Oriented Policy Decision of 11.12.2025 – Additional FSI, Space Utilization and Incentives for Tourism units.
- TPA Health Insurance – Non-renewal of Registration
- Trade Marks Act – Registration of subject device Mark of several matters & words – Application of Khadi Commission
- Trademark Infringement – Court where goods are sold on web portal has territorial jurisdiction
- Trademarks – Anna Idli Gruha – ANNA – Doctrine of Prosecution History Estoppel
- Traffic challan – Company vehicle – presence of MD / CEO in Court is not required
- TRAI – New Directives of 8.11.2023 to end harassment of “Unsolicited SMS messages and phone calls” – Now consent of user is mandatory
- TRAI – Reduction in Entry Fees for mobile and other telecom sevice licences – Salutary Recommendations
- Trans-border Arbitration – Jurisdiction of Courts in India and Arbitration in Colombia
- Transfer of FL II licence obtained by fraud – Nullity in the eye of law
- Transparency in Sports Governance – Membership of Cycling Association
- Travel Insurance – Treatment of Haematuria in USA – Repudiation for non-disclosure of pre-existing disease
- Truthful Disclosure of Antecedents – Foundation for Bank Employment
- TV / Radio / Print / Internet Advertisements – Mandatory Self-declaration w.e.f 18.6.2024
- Tweets – Defamatory – Due diligence by Social-media intermediary
- Two anti-podal petitions under Section 9 of the Arbitration Act for diametrically opposite prayers of Developer & another of Housing Society.
- Uber / Ola – Cap on convenience fee – Surge / dynamic pricing / peak pricing
- Uber Cab – Service Provider – Timely services – Delay in arrival – Flight missed – deficiency in service
- UGC – Foreign Universities now in India – Guidelines notified on 8.11.2023.
- UGC Distance Learning Regulations 2020 – NAAC accreditation parameters
- Unconditional Withdrawal of Civil Suit – Whether Bar to Section 11 MOFA Application for Deemed Conveyance – Applicability of Order 26 Rule 1(4) CPC
- Unilateral Arbitrator Appointment by NBFC is Void
- Unilateral Conveyance – Dispute of extent of land and recreational ground
- Unilateral Conveyance Deed – Section 20(4) of MRTP Act – MOFA and Rule 9 of MOFA Rules, 1964
- Unilateral Deemed Conveyance – Parameters of powers under Section 11 of the MOFA Act – Authority performs obligation and duty for the failure of promoter
- Unilateral Deemed Conveyance – Refusal on account of pendency of a title civil suit between promoter and other persons – Illegal
- Unilateral Deemed Conveyance – Federation of Housing Societies Vs Individual society
- Unilateral Recovery & debit of loan from Joint Pension Account violates Article 21
- Unregulated Lending including through digital lending or otherwise – Draft Bill to ban
- Urban Land Ceiling Act – One time premium for Development of exempted Surplus land
- Urban Land Ceiling Encumbrance Exemption – Premium for Surplus land
- Validity of Rule 13.3.1.5 of the Development Control Rules of Pune City
- Venue of Arbitration – Mumbai shown in the invoice of applicant-supplier and Kolkatta in the purchase order of respondent
- Veritable Party to the Arbitration Agreement & Privity of Contract
- Very interesting facts on answer Key to 4 Questions of Preliminary Examination for post of Civil Judge of Uttarakhand
- Virtual Bonds – Real Love – SC upholds visitation rights of father
- Void from the beginning – Bombay HC Declares Coop Society Registration Illegal
- VRF Group AC system – Electricity – Can Distribution Company force a group of consumers to opt for HT instead of multiple Low Tension connections?
- Water sports – Entertainment Duty – validity of proviso to Section 3(1) & (5A) of the Bombay Entertainment Duty Act, 1923, as inserted by Amendment Act of 1998, upheld.
- Welfare of Senior Citizens – Salutary decision of Gram Panchayat
- WhatsApp – Posts in private group of Employees – Disciplinary action
- WhatsApp Chatbot of the Delhi High Court – case real time updates
- When Rule 96(10) Disappears, So Do it Shackles of GST Refund
- When Sudden Death Meets Policy Silence
- Whether a borrower of a project is “consumer” under Consumer Protection Act, 1986
- Whether an arbitration clause in the invoices constitutes “arbitration agreement”
- Whether Power of Attorney has right to execute sale deed after death of principal
- Why Seat Prevails over Venue in Arbitration
- Wi
- Winding up – Liquidator – Priority of Dues of Mumbai Port on vessels over other creditors
- Women Reservation – Non-creamy layer certificate dispensed with by the GR 4.5.2023
- Women Self-Help Group (Bachat Gats) – No preferential rights in Tender for Take Home Ration (nutrition food) through 1,10,446 Anganwadi Centres
- Workman – Offensive face book posts inciting workmen against the Company – Termination is legal
- Workman – Serious Misconduct – Slapping superior officer – Industrial Tribunal held such act as “not too serious to inflict punishment of termination” and awarded punishment of stoppage of one increment
- Workmen’s Compensation Act, 1923 – Injury while on ship duty as Seaman (Deck Sarang) on the ship – Declared Medically unfit – 100% permanent disability under clause 12 of the National Maritime Board Agreement
- Writ Petition of widow of Ex-serviceman for widow identity card – Denial in view of ex parte Divorce Decree –
- Yeoman service to Women – much needed facility of ladies room in public building
Legal
- (no title)
- : SC Upholds Boiler Claim of Sugar Factory : Insurer Cannot Repudiate Without Proof
- “Body & Soul” of Arbitration Clause Incorporated in later Agreement
- “Ghee” is “livestock” product – regulation and sale in the notified market areas – Interesting question – AP (Agricultural Produce and Livestock) Markets Act, 1966
- A Lesson in Due Diligence : Delhi HC on Unregistered Agreement and Arbitration
- A Win for Policy Holder – Delhi HC Restores Arbitral Award against Limitation Clause in Insurance Policy
- Abandonment of Arbitration Bars Substitution of Arbitrator
- Access of Justice – Probono works- Role of Lawyers – Salutary Recommendations of 143rd Parliamentary Committee Report tabled in the Lok Sabha on 7.2.2024
- Accident – Contradictory stand of employer in disciplinary inquiry and in claim petition
- Accident – Contributory Negligence of Driver – A passenger is not a backseat driver.
- Accident – 100% permanent disability and mental disability – Salutary principles for compensation
- Accident – Compensation – Truck driver – Considerations to determine Income
- Accident – Death of Central Government Employee – If compensation can be reduced for compassionate appointment of daughter
- Accident – Liability Only Policy – Doctrine of Pay & Recover
- Accident – Reduction in compensation for filing IT Return after date of the incident – Illegal
- Accident compensation – Appeal or cross objection of claimant is not necessary for enhancement
- Accident Compensation – Court cannot sit over disability determined by Medical Board
- Accident Compensation – Deduction of Medical Insurance amount is not permissible
- Accident Compensation – Duty of the Court to award just compensation even if less valuation is made by the claimant
- Accident Compensation – Learner’s licence of person driving the motor cycle
- Accident Compensation – Allowances with pay package are income
- Accident Compensation – Breach of Policy & Doctrine of Pay & Recover
- Accident Compensation – Contributory Negligence – Assessment
- Accident Compensation – Contributory Negligence – Site plan filed first time in the Supreme Court
- Accident compensation – Death of Victim disputed in view of Postmortem Report
- Accident Compensation – Income of Maritime Engineer
- Accident compensation – Loss of future income – Deduction that the appellants stepped into the business of deceased parents – Illegal
- Accident Compensation Must Reflect Professional Promise, Not Marks – Bombay HC on Third Year BHMS Student’s Accident Death
- Accident of BMW Car – Covered by Insurance Policy and also by BMW Secure Advance Policy for new car in case of more than 75% damage – Repudiation of claim
- Accident of tractor – death of coolie travelling in trailer – liability – Section 147(1)(b) – MV Act
- Accountability of Insurer for Delay – Pre-reference Interest
- Addition of Future Prospects to the Accident Claim Compensation is mandatory
- Adhoc Arbitrator – Assistance of Tribunal Secretary
- Admission – Allahabad University -No rules or the terms of eligibility could be added or changed after the notification was issued.
- Admission – Dental course – Online Uploading of documents – Lack of connectivity to the portal
- Admission to Engineering College against reserved category and to produce caste validity certificate before cut-off date – Certificate was produced after cut-ff date – Admission was cancelled – Legality
- Admission to MBBS course – Non-creamy layer Certificate obtained on false and suppression of information and true facts.
- Advocate – Bank Panel of Advocates – Due Diligence of Title Reports – – Subsequently the title deeds were found fake – Negligence in discharge of professional duties –
- Advocates – License for drafting sale-deeds, etc and presentation before Sub-Registrar
- Age Bar in Surrogacy Act Not Retrospective – Supreme Court Upholds Reproductive Rights
- Agreement of 2015 for two years – Arbitration invoked in 2022 for claims 2019 to 2021.
- Agreement to collect octroi is an “lease instrument” to collect tax under Section 2(n)(ii) and liable to stamp duty under Article 36(i) of Sch.I of the Maharashtra Stamp Act.
- AI-Driven Growth – Maharashtra’s Vision & Roadmap 2026-2031
- Algorithms instruments of power – IT Intermediary
- Amazon – NGT – Penalty for violation of Sewage Treatment Plant standards
- Amended corrected Bank Guarantee – Mistake in submission of Bank Guarantee for tender
- Anti-Arbitration Commercial Suit for permanent injunction
- Anticipatory Bail – Complaint in respect of land transactions – Civil Dispute – Delay of 4 years
- Anticipatory bail – FIR for breach of the Sole Selling Distribution Agreement
- AP HC – UK Court Order for Custody of minor daughter Not Automatically Enforceable in India
- AP High Court – Commercial Suit – Order VIII Rule 1 CPC – WS filed before 120 days without condonation delay application
- Appeal against order for registration of housing society is maintainable Sec.152 of MCS Act
- Appearance of Advocate in VC hearing in a moving vehicle – undermines judicial process
- Appointment in Railway Protection Force – Denial based on pregnancy
- Appointment of Arbitrator at post-award stage – Duty of the Referral Court is onerous
- Arbitrability – Contract procured by fabricated documents
- Arbitrability and Dispute of Infringement of Copyright
- Arbitrability of Disputes arising out of post-expiry of Franchise Agreement and misuse of Intellectual Property Rights
- Arbitrability of Lease rentals and Security Deposits
- Arbitral Award – Breach of International Contract – Measure for Damages
- Arbitral Award – Challenge in Section 34 petition of Railways negatived
- Arbitral Award – Claim barred by limitation – Sec.14(1) of the Limitation Act Exclusion of period of earlier proceedings – Patent illegality & Violation of Public Policy- Interference under Section 34 of AA –
- Arbitral Award – Claim for Interest on Interest or Compound interest
- Arbitral Award – Delay in making arbitration reference
- Arbitral Award – Important question – Whether non-obstante clause in Section 18(1) & (4) of MSMED ACt, 2006, override arbitration agreement and venue of arbitration chosen by the parties?
- Arbitral Award – Liquidated Damages
- Arbitral Award – LLP vs. Partners
- Arbitral Award – MSMED Act – Delivery & Acceptance Date
- Arbitral Award – One Award applied in other 9 References and secondly, such an Award for specific performance of the agreement in respect of immovable property without its identity with certainty is illegal
- Arbitral Award – Powers of Executing Court – Unilateral appointment of Arbitrator
- Arbitral Award – Reimbursement of entry tax and increase in toll tax – Contract clauses bar fluctuations in taxes
- Arbitral Award – SC says No compound interest without contract
- Arbitral Award – Section 34 – One of the challenges was to the order dated 10.10.2022 dismissing application for additional documents after completion of oral evidence and arguments of the claimant.
- Arbitral Award – Section 69(3) of the Partnership Act
- Arbitral Award – Transfer of Domain name – IN Domain Name Dispute Resolution Policy – National Internet Exchange of India (NIXI)
- Arbitral Award – Contract is voidable at the instance of Contractor – NHAI
- Arbitral Award – Enforcement in foreign currency – Section 49 of the Arbitration Act
- Arbitral Award – GT Engine Damage & Overhauling Claim
- Arbitral Award – GT Engine Damage & Overhauling Claim
- Arbitral Award – Inadequately stamped – Cannot be enforced
- Arbitral Award – Indian Stamp Act – Powers of Executing Court
- Arbitral Award – Interest – Section 31(7)(b) of AA & Section 2(b) of the Interest Act, 1978,
- Arbitral Award – Legitimacy of trading – Absence of prior written consent – NSE Regulations
- Arbitral Award – Marine Salvage contract – Claim for idle time charges – Challenge to the Award in Section 37 appeal is not maintainable
- Arbitral Award – Service – Delay of five months in collecting copy of the Award – Section 31(5) AA
- Arbitral Award – Unconditional stay – Interplay of two provisos to Section 36(3) of AA
- Arbitral Award – Validity – Challenge to the unilateral appointment of Arbitrator
- Arbitral Award as per Arbitration referred by the Civil Court and merged in the civil court decree does not require registration
- Arbitral Award based on contractual breaches (failed purchase order) will be upheld unless patently illegal – Bombay HC
- Arbitral Award based on Draft Supplemental Agreement
- Arbitral Award Delivery Delay is not a mere procedural lapse but erodes the ltigitmacy of the Award.
- Arbitral Award for compensation of 3 months as against 17 months for remaining lock in period of lease
- Arbitral Award in the nature of money decree – Stay – Interplay of Sections 36(3) and 37 of the Arbitration Act and guiding principles
- Arbitral Award of Arbitrator unilaterally appointed is nullity even if the respondents did not appear and even if no objection is taken by the respondents
- Arbitral Award of Damages for Loss of Profit on short closure of the contract
- Arbitral Award of Facilitation Council – Limitation – Section 18(5) of MSME Act & Section 29A of AA –
- Arbitral Award of Rs.1354 crores in favour of Reliance Infrastructure upheld by the Calcutta High Court
- Arbitral Award on domain name “Harvard” – Important Judgment of the Delhi High Court
- Arbitral Award Quashed – Non-existing Arbitration Agreement
- Arbitral Tribunal has powers to implead a non-signatory as party to the counter claim
- Arbitration – Application under Section 8 of the AA read with Section 151 of CPC for dismissal of civil suit in view of arbitration clause –
- Arbitration – Section 34(3) – Limitation – Award of Institutional Arbitration – Different dates of receipt of Majority and Dissenting Awards – Calculation of Limitation
- Arbitration – Arbitral Award passed as per the arbitration notice dated 30.10.2018 was quashed under Section 34 in 2023 – Fresh notice under Section 21 is not necessary for invocation of arbitration & appointment of Arbitrator
- Arbitration – Claim for Specific performance – Limitation
- Arbitration – Contractual dispute does not become non-arbitrable because it involves serious fraud.
- Arbitration – Costs on claimant prosecuting litigation from 2002 to 2024
- Arbitration – Disputes between partners of LLP
- Arbitration – Enforcement of Foreign Award – Jurisdiction of the Court – Asset of Debtor
- Arbitration – Expiry of Lease Deed
- Arbitration – Interim Award / Order to implead non-signatory respondents to arbitral proceedings – MOU permitted non-signatory to invest in the projects and perform contract.
- Arbitration – Land Acquisition & Solatium – Highways Act- Powers of Sections 34 & 37 Courts
- Arbitration – Lease Deeds – Exclusion of disputes of eviction and lease rentals
- Arbitration – Legality of condition of pre-deposit for initiation can be considered by the Court in Section 11(6) of AA application
- Arbitration – Non-signatory party but Respondent Nos.3 to 5 are vertical party to the loan agreement and connected with loan documents & transaction –
- Arbitration – Non-signatory purchaser of property
- Arbitration – NSE ODR arbitration portal and Section 11(6)
- Arbitration – Objection to exhibiting documents should be decided then and there instead of postponing.
- Arbitration – Observations of Supreme Court – Eye opener on Arbitral Process
- Arbitration – Patent illegality in passing Award without deciding questions of fraud
- Arbitration – Preliminary issue of limitation decided on the basis of demurrer
- Arbitration – Principal of business efficacy” to interpret commercial contract
- Arbitration – Scope of powers under Section 37 including remand
- Arbitration – Seat & Venue – Multi-jurisdictional clauses of the Agreement
- Arbitration – Section 11 – Limitation – Delay of six years in making application for appointment – Whether Section 21 notice or claim for repayment is time barred
- Arbitration – Section 11 – Parties agreed for arbitral institution which insists for its membership – Important question whether arbitral institution can insist for such membership
- Arbitration – Section 11 of the AA – Directors, who are not party to the Arbitration Agreements cannot be made party – SC Judgment in Cox and Kings Ltd case is distinguished.
- Arbitration – Section 17 – Interim stay to the termination of Development Agreements
- Arbitration – Section 34 Petition – Territorial jurisdiction & Section 42 AA
- Arbitration – Section 37 – Question of law can be raised in appeal for the first time
- Arbitration – Service of Award – Requirements of Section 31(5) of the AA
- Arbitration – Termination of License Agreement of SBI Card for its Mobile App – Transition period of 12 months – Interim protection to prevent interruption of services
- Arbitration – Use of Words “May be sought through Arbitration”
- Arbitration – When Guarantee Deeds Echo Loan Agreement
- Arbitration – Whether new partner of the firm is a necessary party
- Arbitration – Writ Petition challenging interlocutory orders of Arbitrator is maintainable
- Arbitration – Bar of Section 42 – Territorial Jurisdiction
- Arbitration – Collaboration & Tripartite Agreements with Veritable Party
- Arbitration – Letter of Intent – Two Contract Case – Amenability to arbitration proceedings
- Arbitration – MSME Registration after conclusion of the contract
- Arbitration – Section 11 – Section 19(2)(a) of the Partnerships Act – Invocation of arbitration by one set of partners of the partnership – Notice is defective
- Arbitration – Section 37 – Issues never canvassed before the Arbitrator and in section 34 petition cannot be raised afresh in appeal
- Arbitration – Section 8 – Arbitration clause in tripartite agreements was basis for subsequent agreements challenged in the civil suit
- Arbitration – Section 84 of Multi State Coop Societies Act
- Arbitration –Maintainability of Section 9 Application against MSME
- Arbitration & Bilateral Investment Treaty of UK and India
- Arbitration & Compensation Claim of Employer – Resignation before stipulated period
- Arbitration & MSME Act – services given after registration as micro enterprise
- Arbitration & MSME Act 2006
- Arbitration & MSMED Act – Seat of Arbitration & Exclusive jurisdiction
- Arbitration & Non-signatory successor company of erstwhile lender merged company
- Arbitration Act – Execution of Arbitral Award – Failure of Award Debtor to appear in Court – Important Directions of the Bombay High Court for attachment of Bank Accounts and non-bailable warrant.
- Arbitration Act – Mandate of Arbitrator – Sections 29A(4) and (5) – Court has powers to extend mandate of Arbitrator and extend time retrospectively even after award was passed – Kerala High Court
- Arbitration Act – Section 34 – Appeal – Delay in filing – Mandatory duty of the District Judge to inquire and find out the date when copy of Arbitral Award was received to record finding on delay.
- Arbitration Act – Section 9 interim relief after termination of the Agreement
- Arbitration Act – Sections and 8(2) – Certified copy of the original Award attested by Notary Public fulfills the mandatory requirement to refer the dispute in the civil suit to arbitration – Calcutta High Court
- Arbitration Act – Sections 15, 16 and 29A(4) – High Court’s powers to interdict arbitral proceedings under Articles 226 or 227 of the Constitution of India if Arbitrator wholly lacks jurisdiction
- Arbitration Act, 1996 – Section 34(3) – Delay in filing Section 34 petition – Service of Arbitral Award on the “party” is essential – “Party” does not include “agent or advocate” of the parties.
- Arbitration Agreement – Acquittal of offence under Section 138 of the Negotiable Instruments Act, 1881, since nature of dispute is civil and without approaching arbitrator, complaint is not maintainable.
- Arbitration Agreement – Section 11(6) – Change of employer
- Arbitration Agreement – Use of Words “may be sought through Arbitration”
- Arbitration and Electricity Act – Essential to harmonize the powers of expeditious effective dispute resolution in the electricity sector, at least, in non-tariff matters.
- Arbitration and Fall Clause in the agreement to reduce price
- Arbitration beyond boundaries – Section 9 & Third Party
- Arbitration cannot be invoked by few members of a housing society
- Arbitration Claim barred by limitation – Powers of Section 34 Court
- Arbitration Clause & Post Decree Disputes – Bombay HC Draws Line
- Arbitration Clause in original contract perishes with it subsequent to the settlement agreement foreclosing earlier contracts between the parties
- Arbitration Costs Award – Principles and Practice – Bombay HC Reduces Costs of Rs.1.6 crores to Rs.25 lakhs .
- Arbitration for adjudication of Industrial Disputes – Informative in-depth analysis of mechanism by two distinguished Advocates of the Bombay High Court
- Arbitration for employment disputes
- Arbitration in abeyance till operation of Moratorium under IBC
- Arbitration of Promoter after Deemed Conveyance
- Arbitration Survives Allegations: Bombay HC on Fraud, Fairness and Finality
- Arbitration Survives Company Governance Gaps : Bombay HC
- Arbitration Survives FIR & Criminal Complaint – Bombay HC Reinforces Limited Judicial Interference.
- Arbitration Vs Criminal Proceedings
- Arbitration Vs Limitation period
- Arbitration Vs. Maritime Claim – Admiralty Act 2017 – Distinction between action in rem and in personam – Interim order for Arrest and Detention of Ship for non-payment of Dues of plaintiff
- Arbitration Win for Seller – Market Escalation & Buyer’s Inaction Proved Decisive
- Arbitrator – Appointment – Pendency of civil or criminal litigation between partners is not a bar
- Arbitrator – Appointment by ad invitum & proviso to Section 12(5) of AA
- Arbitrator – Challenge to his impartiality based on Google Search
- Arbitrator – Ineligibility for non-disclosure of representation in the High Court for one of the parties to the arbitration – violation of mandate of Section 12 of AA – Award was set-aside.
- Arbitrator – Legitimacy of Non-Lawyer Arbitrator – Principal of a College
- Arbitrator – No powers to implead non-signatory third party to arbitration proceedings without consent
- Arbitrator – Powers to appoint Sole Arbitrator as against Agreement for Tribunal of 3 Members
- Arbitrator – Appointment – No law for Re-invocation of arbitration agreement for fresh application – Unstamped loan documents containing settlement of disputes by arbitration
- Arbitrator – Has no powers to recall & modify Award
- Arbitrator & Principles of Equity in contractual matters.
- Arbitrator Appointment – Joint application or clubbing of applications is not maintainable
- Arbitrator appointment Vs MSMED Act 2006
- Arbitrator Fees – separately for the claim and separately for each counter claim in the dispute – Notification 31.10.2023 of the Bombay High Court
- Arbitrator Fees – Unilateral fixation and rejection of counter claim for non payment of fees
- Arbitrator Independence and Law Firm Briefings – Limits of Section 32(3) Categories
- Arbitrator’s Conflict Non-Disclosure Vitiates Foreign Award
- Arbitrator’s Continuation Impermissible After Mandate Ends – Rules Supreme Court
- Arrest – Grounds given to the father who made complaint against the accused
- Arrest – Non-compliance with section 47(1) of BNSS – Remand is illegal
- Arrest & Detention by the Police – Important Circular dated 21.10.2023, check list for Police Officers and Guidelines of the Bombay High Court
- Arrest & Remand – Exclusion of pre-arrest medical examination
- Arrest of Woman Accused after sunset – Section 46(4) of Cr PC & Article 21 of the Constitution
- Article 19 is citizen centric & American Social Media Platform cannot seek protection
- Article 20(1) of the Constitution of India – Conviction under Sec.16(1)(a)(I) read with Sec.7 of the Prevention of Food Adulteration Act repealed by Food Safety and Standards Act, 2006 – Benefit of lesser punishment under new law
- Article 36 of the Maharashtra Stamp Act – Stamp Duty on “renewal of a perpetual lease”
- Artificial Intelligence – Policy Brief of 12.12.2023 – Comprehensive, Informative, Illustrative study and analysis by PRS India Legislative Research
- Atrocities Act – Section 15A – Rights of the victims and witnesses – Video recording of all proceedings relating to the offences including bail proceedings is mandatory
- Atrocity Act – Bail to the accused without notice to the victim – Illegal – Landmark decision of the Delhi High Court – Appeal under Section 14A(2) of SC & ST Act allowed – Essential to make victim as party in the proceedings.
- Award – Objection in execution petition for non-service of signed copy of the award
- Award Must Resolve, Not Recycle Disputes : SC on Arbitrator’s Indecisiveness
- Award of Rs.178 crores lost for Excluding a Necessary Party
- B.Ed. qualification for primary teacher post
- Bank Account – blanket freezing at the instance of police without qualifying amount and perpetually is illegal
- Bank Account Opening – Aadhar Card is not mandatory
- Bank Accountable for Failure to timely Re-present Cheque
- Bank and Pygmy Agents – Application of EPF Act –
- Bank Locker – Son of deceased bank customer seeking information -RTI Act 2005
- Bank Locker – Theft – Liability of the Bank
- Bank official is not entitled to protection of Sec.197 Cr PC
- Basement godowns converted in Bar Restaurant, liquor shop & gambling den in Pune Cantonment area
- Beyond Clause – Why MSMED Act Determines Seat of Arbitration
- Beyond Formal Equality : Delhi HC on Disability, Appointment, Confirmation and Relaxation
- Bhopal Gas Tragedy – Web Series – Stay sought by two former managers of Union Carbide Co and Right to pre-screening
- Bill of Entry – Mistake of importer in giving incorrect GSTN number can be corrected under Section 149 of the Customs Act 1962
- Biological relatives of adoptive child cannot claim inheritance to the property of adopted parents
- Blacklisting of contractor for three years for breach of contract
- Bobay HC – Change of Ownership Justifies Reassessment of Property Tax & Ratable Value
- Bombay HC – Disclosure Obligations of Arbitrator under 1996 Act do not apply to 1940-Act Arbitrations.
- Bombay HC – Magistrate has no Powers to Order YouTube Takedowns in Defamation videos
- Bombay HC Clarifies Membership Law – Unregistered Transfers Cannot Confer Housing Society Rights and Ownership
- Bombay HC Quashes Deemed Conveyance – Prior Civil Suit Unconditional Withdrawal Bars Fresh Application of Society under Section 11 MOFA.
- Bombay HC – Arbitral Award Section 84 of the Multi State Cooperative Societies Act 2002
- Bombay HC – Deemed Conveyance – Pendency of the Civil Suit –
- Bombay HC – Delay of 258 Days in Section 11 Petition Condoned under Section 5 of the Limitation Act
- Bombay HC – Doctrine of Severability Applied to Arbitral Claims and to Split the Arbitral Award in Arenel case
- Bombay HC – Employees appointed prior to 31.10.2005 in the partially aided division of 100% aided schools – Old Pension Scheme under MCS Pension Rules 1982
- Bombay HC – FSI Purchase Price Refundable Despiteid Termination of Development Agreement – Section 64 of the Contract Act
- Bombay HC – Interpretation of NRI / OCI Quota in PG Medial Admission
- Bombay HC – Majority Arbitral Award – Mumbai Metro One Project – MMRDA
- Bombay HC – Minority Arbitral Award – Metro One Project & MMRDA – Scope of Powers of Section 34 Court
- Bombay HC – MMRDA & Mumbai Metro One Project – Severance of Arbitral Award
- Bombay HC – Mumbai Cricket Association bound to Arbitration in T20 Mumbai League Dispute
- Bombay HC – Mumbai Metro One Project Arbitral Award – Change of Scope
- Bombay HC – NHAI acquired land – Compensation for easementary loss to petrol pump business
- Bombay HC – No Damages for Defaulting Developer, But FSI Cost Must Be Returned under Section 64 of the Contract Act
- Bombay HC – No Powers of Substantive Review of Deemed Conveyance under MOFA.
- Bombay HC – Non-signatory member of society cannot be forced to arbitration under Development Agreement
- Bombay HC – OC Issued But No Water – Home Buyer Still Gets Interest for Delayed Possession under RERA
- Bombay HC – Rights of third Party purchasers of earlier developer against society
- Bombay HC – Section 10 of the MOFA – Rejection of Application of the Society for Deemed Conveyance – Illegal
- Bombay HC – Section 11 – Fresh Arbitration & New Arbitrator – Section 43 Limitation – Share Purchase Agreement
- Bombay HC – Section 11 MOFA – Deemed Conveyance – Common Areas, Roads & Gardens
- Bombay HC – Section 11 of MOFA – Deemed Conveyance – Objections of Promoter that Project was not complete and balance FSI is available for future development.
- Bombay HC – Section 127 of MRTP – Deemed Lapsing of Land Reservation
- Bombay HC – Section 14 of the Indian Ports Act – Liability of Vessel Owner
- Bombay HC – Section 154B-5 – Basement & Parking Area outside FSI and Sanctioned Plan
- Bombay HC – Section 17A of the Prevention of the Corruption Act – Cannot Be Misused as shield in Disproportionate Assets Case – Role of Competent Authority is limited
- Bombay HC – Section 85-B of the ESI Act, 1948 – Damages
- Bombay HC – SEZ in Kharadi, Pune – SEZ State Policy of 2001 for Exemption of Taxes – Demand of Octroi Refund to PMC
- Bombay HC – Stock Broker uploaded incorrect PAN details causing inability to pledge shares under MTF and loss to the investor on account of auction of shares by Stock Exchange
- Bombay HC – Title Validity Disputes Beyond RERA’s Jurisdiction
- Bombay HC – Acquittal in bribery case does not guarantee full salary for suspension period – Employer not liable for employee’s bribery prosecution
- Bombay HC – Adoption of Abandoned Child under Juvenile Justice Act & HAMA Ensures Equal Caste Entitlements
- Bombay HC – Arbitral Award by Ineligible Arbitrator Cannot Be Enforced as Legal Decree
- Bombay HC – Arbitration – No damages without Proof of Loss
- Bombay HC – Arbitration Section 11 Petition dismissed, Constructive Res Judicata Applies to AAI
- Bombay HC – Assignment of Leasehold Rights in MIDC Industrial Plot Not Taxable as Service under GST
- Bombay HC – Award for Severance, Loss of Business and Loss of Easementary Rights – Section 3G(5) of the NH Act & Section 37 Arbitration Act
- Bombay HC – Back wages Not Automatic – Require Proof of Employment
- Bombay HC – Bank Must Pay to Illiterate Widow for Negligence in Joint Account Fraud
- Bombay HC – Bombay HC – POSH Inquiry Report carries full weight as Inquiry Report for major penalty
- Bombay HC – Brokerage Agreements are binding and NSE Circular cannot retroactively invalidate them
- Bombay HC – Change in Shareholding by disinvestment is not transfer of land of State Government
- Bombay HC – Charity Commissioner has no power to direct change of Trust Name – Section 70A of the Maharashtra Public Trusts Act – Deletion of the word “National” – Suo Motu Proceedings
- Bombay HC – Circular of 24.1.2023 on Land Acquisition Compensation Invalid
- Bombay HC – Claims of Developer for Compensation and Injunction Beyond Scope of Section 6 of the Specific Relief Act – Suit for Composite Reliefs Not Maintainable.
- Bombay HC – Collector’s Powers under MLR Code Affirmed – Gairan Land Validly transferred to MHADA for affordable housing
- Bombay HC – Commercial Suit – Strict 120-Day Limit for Filing Written Statement
- Bombay HC – Composite Contract Doctrine Applied – Arbitration Clause in Retirement Deed Governs Disputes Across Entire Transaction and the MOU
- Bombay HC – Denial of Security Clearance to foreign JV Partner for CIDCO tenders, based on national security inputs, cannot be judicially overturned on ground of arbitrariness.
- Bombay HC – Departmental inquiry must be evidence – based, FIR Registration alone is not sufficient.
- Bombay HC – Developer Cannot Unilaterally opt for Condominium – Cooperative Housing Society Registration by members Upheld
- Bombay HC – Development Agreement – Illegal Termination Does not Guarantee Specific Performance – Upheld Arbitral Award for possession of the trust property to Shri Mahavir Jaina Vidyalaya Trust.
- Bombay HC – Development Agreement Disputes are fully arbitrable – No bar of Small Causes Court Jurisdiction
- Bombay HC – Disability Pension Protects Military Personnel Through Socio-Economic Justice
- Bombay HC – Duty of Diligence on Insurer in Policy Portability
- Bombay HC – ESI Cannot Sleep on Rights –14 years Delay in Levying Damages on Bombay Gymkhana under Section 85-B of ESI Act, Invalid
- Bombay HC – Executive Instructions of Circular issued under Rule 44(1)(i) of the Maharashtra Registration Rules cannot override Sections 34 and 35 of the Registration Act, 1908
- Bombay HC – Highway Arbitral Award – Belated Evidence by NHAI Cannot Undo arbitral award in Land Acquisition Compensation case
- Bombay HC – Honesty in Undertakings for Full Disclosure of Antecedents of Blacklisting or Debarment is Non-Negotiable
- Bombay HC – Informal Minutes cannot Alter BOT Agreement Terms in Infrastructure Contracts
- Bombay HC – Interim Measures under Section 9 Arbitration Act and Return of Title Deeds
- Bombay HC – Limits of Interference by University Tribunal in Disciplinary Penalty and Findings of Enquiry Officer
- Bombay HC – Membership Rights are statutory traceable to the MCS Act, Rules and the Byelaws -Cannot be Refused without sufficient cause.
- Bombay HC – MMRDA cannot replace monetary compensation with TDR without consent, for the acquired land.
- Bombay HC – Monetary Claims Cannot Block Membership of Cooperative Housing Society
- Bombay HC – No Escalation & No Claim Clause Cannot Shield Employer’s Breach – Arbitration Award Upheld
- Bombay HC – No Membership of Housing Society Unless “Flat” is in the Sanctioned Plan.
- Bombay HC – Nominee’s Membership in Housing Society Valid – Succession Disputes of Legal Heirs Must Go to the Civil Court
- Bombay HC – Once Section 11 of MOFA is applied, the society must receive the promoter’s actual estate – Leasehold or Ownership under the Development Agreement
- Bombay HC – Ownership of Basement & Parking alone does not qualify as “flat” for membership of a housing society.
- Bombay HC – Pending divorce petition alone cannot deny Widow’s right to family pension.
- Bombay HC – Portfolio Value vs. Prevalent Script Rate – A Case of Arbitral Overreach
- Bombay HC – Powerful Precedent for Teachers’ Welfare and Compassionate Interpretation of Medical Reimbursement Scheme for Son’s Illness
- Bombay HC – Prior Sale Deed Prevails Over Subsequent Bank Attachment – Bona Fide Purchaser Protected – Rule 107 of the MC Societies Rules
- Bombay HC – Promoters Allotted Flats in lieu of consideration of Development Agreement Must Pay Maintenance Charges Like Any other Member
- Bombay HC – Protects Developers and Purchasers from Indenitie Revival of Stamp Duty Deficit Demand
- Bombay HC – Purchasers of refuge areas sold as flats cannot claim society membership – statutory safety spaces are non-saleable.
- Bombay HC – Quashes Staggered Salary Payment for Assistant Teacher transferred to aided post in private school
- Bombay HC – Railway Employee Death – Compensation – Valid Railway Pass Ensures Bonafide Passenger Status, Even Off Duty
- Bombay HC – Registered Consent Decree of Civil Court is Binding on Revenue Authority for Mutation
- Bombay HC – Registrar’s Role under Section 154B-27 of MC Societies Act is Enforcement, Not Adjudicationi of Ownership or Membership
- Bombay HC – Registration of a cooperative housing society cannot be cancelled merely because other wings of the project are incomplete
- Bombay HC – Rejection of Application for Deemed Conveyance citing (i) illegible sanctioned building plan and (iii) developer’s lack of title without land owner’s consent, is illegal
- Bombay HC – Returning Revision Memo for Non-deposit Unsustainable – Section 154(2A) of MC Societies ActB
- Bombay HC – SARFAESI Auction Cannot Be Finalized During IBC Interim Moratorium
- Bombay HC – SEBI Circular on Pre-trade Confirmation Cannot Shield Investors from Authorized Trading Losses
- Bombay HC – Section 314 MMC Act – Notice Must Identify Breach of Sections 312, 313 or 313A.
- Bombay HC – Section 35 of the MC Societies Act must be used only in clear cases of destructive conduct, not to suppress accountability.
- Bombay HC – Section 9 – Post-Award Interim Reliefs Must Aid Enforcement of Foreign Award, Not Expand it against Third Party
- Bombay HC – Section 9 Interim Relief Denied to Developer Seeking Profiteering Advantage
- Bombay HC – SRA Grievance Cell Must Mediate, Not Litigate – Mediation Training is imperative
- Bombay HC – Suppression of Insolvency in the tender process amounts to fraud invalidating the contract and consequently the arbitral award.
- Bombay HC – Tender Bid Evaluation is a continuous process culminating in the work order.
- Bombay HC – Termination Disputes Outside Section 91 of the Maharashtra Coop Societies Act – Reaffirms Supreme Court Precedent
- Bombay HC – Termination for Disability while in Service is illegal under Section 47 of the PwD Act.
- Bombay HC – Third Parties Need Not Pre-Deposit Under Section 18 of the SARFAESI Act
- Bombay HC – Unilateral Arbitrator Appointment Invalid – Award Nullity and No Estoppel Applies
- Bombay HC – Writ Court cannot reopen time-barred RERA refund order in view of subsequent SC judgment
- Bombay HC Affirms Eligibility – Linked Electricity Duty Exemption for Mega Projects in JSW Steel case
- Bombay HC Cancels Conveyance of Housing Society for Non-Disclosure and Improper Inquiry
- Bombay HC Clarifies – Section 29A Timelines Do Not Apply to National Highways Arbitration
- Bombay HC Clarifies – Absence of Irrevocability Clause in the Trust Deed Cannot Justify Denial of Renewal of Charitable Trust Registration
- Bombay HC Clarifies – Authority’s findings do not bind Civil Courts in Deemed Conveyance Disputes
- Bombay HC Clarifies “relationship in the nature of marriage” for the Domestic Violence Act
- Bombay HC Clarifies Claims for Escalation of Costs and Running Account Bills of the Contractor
- Bombay HC Clarifies Divide – Institutional Arbitration Vs. Unilateral Appointment
- Bombay HC Clarifies Limits of Section 9 in Enforcement of Foreign Award of Singapore Maritime Arbitration
- Bombay HC Clarifies Scope of Section 11 of MOFA – Writ Court Cannot Resolve Ownership Claims or Objections of the Owner to the Deemed Conveyance on the ground of title claims
- Bombay HC Clarity on Deemed Conveyance – Rights of Housing Society over Developer Perpetual Rights
- Bombay HC Clears MHADA Redevelopment – Waiver of Consent of Housing Society Upheld
- Bombay HC confirms closure of hotel and eviction under Section 18(1) of PITA Act without conviction
- Bombay HC Confirms Cost Overrun Claims in Arbitral Award of Interior Contract against Bank of India
- Bombay HC Confirms that the Cooperative Housing Society is not subject to industrial or commercial labour law obligations.
- Bombay HC Confirms Unauthorised Trading and Arbitral Award
- Bombay HC DB Important Judgment on Res Judicata, Narrow Public Policy and Corporate Veil Principles Strengthens Foreign Award Enforcement
- Bombay HC Declines Arbitration Control – Telangana Plant Insurance Dispute
- Bombay HC Draws Line Between Residential and Educational Licenses for the Rent Control Act
- Bombay HC Ensures Compensation for Covid Death of Court Employee
- Bombay HC Equal Pay for Equal Work – Employees of Gram Panchayats absorbed in Municipal Corporation
- Bombay HC Flags Gaps in MSME Arbitral Award – Fabricated Invoices & Post-Dated GST Returns
- Bombay HC Flags IBC Misuse to Stall SARFAESI Enforcement
- Bombay HC Full Bench – Section 127 of the MRTP Act – Purchase Notice – Fresh Reservation in the Revised Development Plan
- Bombay HC Holds Rule 9 of MOFA Rules Overrides Clauses of Developer Agreement
- Bombay HC Invoked Section 144 CPC for Interest on Delayed IGST Refund
- Bombay HC Message to Market Arbitral Tribunals – Arbitral Awards must be evidence-based
- Bombay HC on Arbitral Award in Architecture Bills Dispute
- Bombay HC on Crystalizing Boundaries for Common Layout Land Measurement in Deemed Conveyance of one Society
- Bombay HC on Eligibility for the post of Nurse / Health Worker (Female) – Qualifications of General & Nursing Midwife & B.Sc. (Nursing)
- Bombay HC on Jumpin Dispute : Arbitral Award must be Reasoned, Not Generous
- Bombay HC on Limits of Arbitration Referral in Mumbai Metro Line Dispute of Settlement Agreement
- Bombay HC on Share Trade Confirmation over Procedural Gaps
- Bombay HC Protects Cooperative Society Democracy : Supersession of Housing Society Committee set-aside
- Bombay HC Protects Right to File Revision under Sectio 154(2A) of MC Societies Act – Pre-deposit requirement Applies Only to Hearing
- Bombay HC Quashed Rs.200 crores Arbitral Award against Thermax
- Bombay HC Quashes DPC Order, Restores 2024 Seniority list for promotion to the post of Superintending Engineer in Pune Municipal Corporation.
- Bombay HC Quashes GST Demand on Assignment of Leasehold rights of Industrial MIDC Plot
- Bombay HC Quashes Mutation Entry Declaring College Land as Private Forest – Mahindra United World College Case
- Bombay HC Quashes Registrar’s Order Allowing Independent Shop Society without bifurcation of existing society
- Bombay HC Raps PMC – Tree Felling Permission Requires Strict Procedural Compliance
- Bombay HC Reaffirmed that Deemed Conveyance is a Statutory Right of flat purchasers when promoters fail to execute conveyance.
- Bombay HC Reinforces autonomy of flat buyers to form own society in the area of parent society
- Bombay HC Reinforces MOFA disclosures and sanctioned plans govern conveyance scope
- Bombay HC Reinforcing Arbitral Autonomy in Real Estate Development Contracts
- Bombay HC rejects Discharge Plea of Karvy CEO in SEBI Case
- Bombay HC Rejects Enemy Property Claim for want of Evidence
- Bombay HC Restores Elected Trustees – Quashes Administrator Order in Shani Shingnapur Trust
- Bombay HC Revives Arbitral Award against TMC and Restricts Section 34 Court Interference
- Bombay HC Rules – Composite Mortgage Deed for Multiple Loan Agreements Constitute Distinct Transactions for Stamp Duty
- Bombay HC Rules Agreement to Lease of CIDCO Plot Attracts only Agreement Stamp Duty of Article 5 & Not Article 36
- Bombay HC Ruling – Committee of Housing Society cannot Function below Statutory Strength.
- Bombay HC Set Aside Arbitral Award of Rs.2 crores against Stock Broker for ignoring Investor’s admissions.
- Bombay HC Simplified New Promoter Transition for Consent Rule
- Bombay HC Strengthens Insurance Law – Non-Forfeiture Clause Protects LIC Policyholders
- Bombay HC Strikes Down Arbitrary Order for Test Audit of Coop Society
- Bombay HC Strikes Down Denial of Promotion for Higher Scale based on uncommunicated adverse remarks
- Bombay HC Tightens Screws on Cosmetic Importers – Licence Lapses Bar Re-Export Relief
- Bombay HC to Arbitrator : Stick to the Contract, Not the Committee Minutes
- Bombay HC Upheld Arbitral Award of Rs.7.39 crores on dissolution of partnership firm of developers & rendition of accounts
- Bombay HC Upholds Arbitral Award against HPCL – Termination of Contract Declared Illegal
- Bombay HC Upholds Arbitral Award against Securitrans India in ATM Cash Theft Case
- Bombay HC Upholds Arbitral Award Partly in Mumbai Metro-1 Dispute – MMRDA’s Section 34 Challenge Partly Fails
- Bombay HC Upholds Award of Morya Infrastructure in Road Development BOT Contract Dispute & Toll Collection
- Bombay HC Upholds Binding Surrender of Housing Society Land to Pune Municipal Corporation
- Bombay HC Upholds Disqualification of Housing Society Committee Members for Failure to Supply Documents
- Bombay HC Upholds Estate Officer’s Eviction and Damages Order under Public Premises Act
- Bombay HC Upholds PMC’s Power to Levy Licence Fees on Sky Signs and Hoardings.
- Bombay HC Validates CIDCO’s Cancellation of Vashi Plot Tender in Public Interest
- Bombay HC’s Big Call for Developers & Societies on TDR, FSI, DRC & Registration
- Bombay High Court – Important Judgment – Surrogacy – Legality of new stipulation in Rule 1(d)(I) of Rules prohibiting donor gametes
- Bombay High Court – Important questions on Sections 40, 41A and 50 of the Code of Criminal Procedure
- Bombay High Court – Order under Section 32(2)(c) of the Arbitration Act is not an award
- Bombay High Court – Liability to pay water tax even if Corporation water was not consumed.
- Bombay High Court important ruling on considerations for computation and condonation of delay –
- Bombay High Court importing ruling on considerations for computation and condonation of delay –
- Bombay Police Act – Public Entertainment License – Requirement of Parking for Licence to run Video Parlour – Rules of Licensing for Public Entertainment
- Bombay Rent Act – Right to inherit tenancy after the death of tenant – Landlord-tenant relationship subsists even after death of tenant
- Bombay Stock Exchange – Arbitral Tribunal – Award for Share Trading Dues
- Bulk Water Tariff Orders – Godavari River – Classification of Industries for different tariffs.
- Calcutta HC – Arbitration – Amendment must be timely & justified
- Calcutta HC – Maintenance Tribunal Cannot Order Eviction from the Property under the Senior Citizens Act
- Can you be sued for defamation for supporting colleague’s complaint?
- Cancellation of GST registration without assigning reasons in the show cause and the order – Illegal
- Cantonment Area of Pune – Unauthorised Constructions in Red Zone
- Captive Electricity Generating Plant and Captive User – Interpretation of important issues by the Supreme Court
- Caste Certificate – Jurisdiction of the Competent Authority of place of ordinary residence or place of birth – Rule 5(1) of the Maharashtra Regulation of Issuance and Verification of Caste Certificate Rules, 2021 –
- Caste Certificate annulled and retiral benefits denied – Supreme Court exercised the powers under Article 142 of the Constitution to grant the pension benefits.
- Caste Scrutiny Committee – Costs imposed by Bombay High Court
- CGST Act – GST Input Credit of Goods & Services in the Construction of Malls for rental income
- Change of user of premises from residence of employee to guest house for employees – Public Premises Eviction Act 1971
- Changing the way Postman knocks – New Post Office Act 2023
- Charge-sheet – Quashing on account of settlement – Cost of Rs.25,000 to the Government Pleader’s Library
- Charge-sheet – documents / material produced by accused and also seized during investigation were not filed – Sections 91 and 173(5) of Cr PC
- Chartered Accountants – Restrictions of ICAI on number of statutory tax audits
- Child – dispute for custody – Child staying with father reluctant to go with the mother and even to talk to her – Efforts of the Supreme Court and numerous efforts of Amicus Curiae for mediation should be lauded.
- Chronology Matters – Bombay HC on Competing Housing Society Registrations under Section 10 MOFA
- CIDCO’s Tender cancellation for plot allotment quashed
- Cinematograph Bill of 2023 to curb Piracy and other salutary provisions
- Circular of Goa Government that performance of musical works at ceremonies does not violate Copyright Act is illegal
- Civil Dispute Vs Criminal complaint for breach of contract
- Civil property dispute converted in criminal case – Abuse of court process
- Civil Suit against Insurance Company for damages to the owner’s vehicle is maintainable and bar of Section 175 of the MV Act is not applicable.
- Coaching & Tuition Centres – Compliance of Fire and other Safety Norms
- Coaching and Tuition Centres – Salutary observations of Supreme Court
- Collateral lies Don’t Void In Coverage – PH HC on Insurance Repudiation
- Commercial “Dispute” – Claim against third party and based on tort for damages
- Commercial Court – Jurisdiction – Counter Bank Guarantee governed by Egypt Laws
- Commercial Court – Jurisdiction – every dispute of property and MOU for development of property per se is not “commercial dispute”
- Commercial Courts – Jurisdiction – Hotel was not being used for trade and commerce
- Commercial Courts Act, 2015 – Salutary Amendments – Bill of 2024
- Commercial Courts Act, 2015 – Term “Used” including the expression “capable of being used” in Sec.2(1)(c)(vii) denotes “actually used” and it cannot be either “ready for use” or “likely to be used” or “to be used”.
- Commercial Suit – Order XIIIA CPC – Transfer of ITC shares
- Commercial suit against foreign residents – Section 20(c) CPC – Jurisdiction & Private International Law
- Commercial Suit for recovery of fixed deposit from the Bank – Maintainability
- Commercial Suit of Multi-Commodity Exchange of India for recovery – Limitation
- Commercial Use without OC – Bombay HC Says No Relief, No Excuse
- Commutation of Pension – Restoration of value after 15 years
- Compassionate appointment – employee bedridden and under medical invalidation
- Compassionate appointment of third born after cut-off date
- Compensation – Accident of young Professional Character Animator & death after four years
- Compensation – Accidental Death of retired employee – Deduction of Family Pension is not permissible
- Compensation – Application of “Split Multiplier” for reduction in loss of dependency – pre & post-retirement income
- Compensation – Court can grant more compensation than claimed in the petition
- Compensation – Major sons and married entitled as legal heirs of deceased victim
- Compensation – Motor Accident Claim – Dependency compensation – IT Returns cannot be the sole basis for determination of compensation under MV Act. Salary Certificate VS Income Tax Return
- Compensation -loss of original title deeds by the Bank
- Compensation – Assessment, IT Deductions, Allowances & Multiplier – Lessons from the SC Judgment
- Compensation – Claim for Loss of Dependency by major son & daughter not dependent on the income of deceased mother
- Compensation – Death of 10-year boy –Determination of income
- Compensation – Pay & Recover – Minor boy driving offending vehicle
- Compensation – Transmission Lines – Right of Way & Tower Base Area – new Guidelines
- Compensation determined by the Court even if more than claimed can be granted
- Compensation Does not Die – SC Judgment Redefines Rights of Legal Heirs of Accident Victim
- Compensation for damaged car – Tortuous liability
- Compensation for domestic violence – Section 22 of the Domestic Violence Act, 2005 – If it would relate to degree of domestic violence or financial status of the guilty party
- Compensation for loss on account of domestic services – accidental death of working woman – Important Judgment
- Compensation for purchase of Prosthetic Limb & Maintenance
- Compensation in foreign currency – Exchange rate on the date of accident or filing petition
- Compensation Rights of gratuitous Hawkers in goods vehicle
- Competition Commission of India – Salutary proposed changes to General Regulations
- Completion Certificate not conclusive for delay computation & LDs
- Compulsory Retirement of Junior Engineer – Pune University – Maharashtra Non-Agricultural Universities & Affiliated Colleges Standard Rules, 1984.
- Concealment of Medical Unfitness Vitiates Appointment
- Consolidation Scheme was challenged after 50 years and that too, in appeal under Section 247 of MLR Code – Order allowing application for condonation of delay in filing appeal.
- Constable in Railway Protection Force is a “workman” under Employees (Workmen) Compensation Act 1923.
- Consultant Doctor is not employee of Private Hospital – TDS Clarification
- Consultant Doctor is not employee of Private Hospital – TDS Clarification
- Consumer -Rs.5 lakhs invested in the partnership firm – Commercial transaction for profit / gain – Claim against legal heirs of deceased partner
- Consumer – Chit Fund Company – Whether a “consumer” and whether its “service” was for “commercial purpose” – Important questions – Landmark Judgment of the Supreme Court
- Consumer – Company Car Use by Director – Whether for commercial purpose
- Consumer – NCDRC Important Order to give flat possession at 2008 booking rate.
- Consumer complaint – Telecommunications services -Interesting case, facts and the relief
- Consumer Complaint – Defects in the Flats construction – Joint liability of Developer & land owners
- Consumer Complaint of Devotee – Tirumala Tirupati Devasthanams
- Consumer Forum Overreach – Bombay HC Says Not So Fast
- Consumer Protection Act – Flat Agreement – Interpretation of terms and conditions – Claim of hume buyers for refund of amount on termination of agreement – NCDRC however directed to give possession
- Consumer Protection Act – Insurance Policy of the Company for Standard Fire and Perils is not for a commercial purpose
- Contempt of Courts – Punishment of suspension of Doctor’s licence
- Contract clauses bar claim for damages for loss on account of delay
- Contract Employees – PCMC Hospitals – Permanency & Pay scale
- Cooling Period Clause Cannot Defeat Cattle Insurance Claim
- Coop Housing Society – Unique provision of disqualification of Managing Committee for non-supply of documents to members.
- Cooperative Bank – Offence under Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999
- Cooperative Housing Society – Membership – Auction purchasers & past dues
- Cooperative Housing Society – Required number of members for registration
- Copyright – Spare parts of Computer are not “artistic work” under the Copyright Act 1957 – FIR for its sale is illegal
- Copyright Act – License for sound recordings – Phonographic Performance Ltd
- Copyright Act, 1957 – Interplay between Section 60 and its proviso on suit for declaration that the allegations of copyright infringement by the defendant were groundless.
- Copyright Law Vs Playing songs in Marriages
- Corporate Criminal liability of erstwhile Bank on successor Bank after amalgamation under the Banking Regulations Act.
- Costs of Rs.3 lakhs imposed by the High Court on authorities is donated by the petitioner-student to Tata Memorial Hospital
- Covid 19 – Police complaint, investigation and charge-sheet.
- Covid duty and quarantine period (total 150 days) are counted as bond service period of two years for Post-graduate Medical Student.
- Covid-19 – Insurance under PM Garib Kalyan Yojna for Corona Warriors, Doctors, Health Workers died in Pandemic.
- CPC – Order VII Rule 11 application period does not extend period for filing WS
- CREDAI wins clarity in SC – Urban Projects near Sensitive Zones
- Criminal Case for Civil Dispute – Misuse of Police Investigation
- Criminal Complaint – Section 24 of the Contract Labour, 1970, against the Bank
- Criminal Complaint for suppression facts of contract & Dispute of Recovery of dues
- Criminal Justice – Denial of exemption from Personal Appearance prior to grant of bail after filing charge-sheet
- Criminal Justice – Non-bailable warrant cannot be issued in a route manner
- Criminal Justice – Quashing of the charge-sheet for offences of sections 405 and 506 of IPC relating to property transactions
- Criminal Prosecution for Civil Disputes of property transactions – Caution of the Supreme Court of India
- Cross-Border Tragedy of USA self-employed driver – Compensation & Future Prospects
- Culpable homicide – Electrocution of employees working on shop sign board
- Custom Duty – Interest on delayed Refund is statutory entitlement under Section 27A of the Customs Act, 1962 – Failure to consider the prayer for interest in appeal – matter remanded
- Customs – Pilferage of seized goods kept in the custody of Customs Cargo Service Provider – Section 117 of the Customs Act & Regulation 5(6) & 12(8) of Handling of Cargo in Customs Area Regulations, 2009.
- Customs Act – Conviction under Section 135(1)(b)(i) based on confessional statements under Section 108 – Admissibility
- Customs Act – Detention of Imported Goods Without reason or written Order is Illegal
- Customs Act, 1962 – Confiscation & Penalty – Merely because the imported goods can be subjected to an alternative use, this can never be the test to hold that the goods were prohibited – Order is illegal
- Customs Act, 1962 – Section 110(5) – Provisional attachment of bank accounts – Each of the essential requirements to be complied with by the Customs and to pass written order and serve on the bank account holder.
- Customs House Agent cannot be held responsible once IEC particulars are given by the exporter and cannot be held liable after issuance of Let Export Orders only because exporters were not traceable – CBLR Regulations, 2018
- Cyber fraud without OTP on customer’s mobile – Bank’s liability
- Cybercrime – 35 pre-paid SIM Cards obtained by the accused to cheat people
- Cybercrime in India – Informative analysis by Harsh Bhalke, Law Student of ABMSP’s Yashwantrao Chavan Law College, Pune
- Dark Patterns – use on Online Platforms to mislead consumers – Salutary guidelines of protection
- Date of birth in Aadhar Card is no proof for compensation multiplier
- De-registration of Apex Association of Housing Societies on the objection of Developer
- De-registration of Cooperative Housing Society – Direction of the Minister to initiate action only based on pendency of a title civil suit – Section 21A of the MCS Act, 1961.
- De-registration of the Cooperative Housing Society – Section 21A of the Maharashtra Cooperative Societies Act, 1960 – Amended Section 14 of the Apartment Ownership Act.
- Death in Hotel Fire tragedy – Compensation – Negligence of Corporation
- Death of truck driver on duty due to health deterioration – it is an “accident”
- Deemed Conveyance – Agreement Vs Rules 9 and 11 of MOFA Rules 1964
- Deemed Conveyance – Dispute between landowners and Developer
- Deemed Conveyance – Unauthorised Construction of three floors by Developer
- Deemed Conveyance – Authority has limited jurisdiction – No power to consider validity of documents.
- Deemed Conveyance & Civil Suit
- Deemed conveyance Certificate – Authority has no powers to correct area by corrigendum
- Deemed Conveyance Certificate – Exclusion of Recreational ground and internal roads
- Deemed Conveyance Certificate – Third application without challenging rejection of earlier second application
- Deemed Conveyance Certificate & Full Development and utilisation of additional FSI
- Deemed Conveyance Certificate Vs earlier consent decrees between the parties
- Deemed Conveyance for a part of the society land from undivided larger plot
- Deemed Conveyance for ownership – Agreement for leasehold rights to Society
- Deemed Conveyance for the property of an individual owner in Society building
- Deemed Conveyance, Appurtenant & Common Area and Recreational Ground
- Deemed Export Scheme – Interest for delay in payment of Duty Drawback for supplies in civil construction of Koyna Power Project aided by the World Bank – Section 75A(1) of the Customs Act
- Defamation – Damages – Newspaper publication of an inquiry report against a Senior Judicial Officer with incomplete facts – Costs of Rs.10 lakhs was imposed – Important and salutary observations of Karnataka High Court
- Deficit Stamp duty – Property affected by CRZ-II and tenancy related encumbrance
- Deficit Stamp duty & Penalty – Property in Ambey Valley in Court Committee in auction
- Delay – Condonation of Gross delay of 12 years and 158 days – Question of limitation is not merely a technical consideration – Rules of limitation are based on the principles of sound public policy and principles of equity
- Delay – Section 34 Petition – Award – National Highways Act
- Delay in and short delivery of consignment – Deficiency in service – Carriage by Air Act 1972 – Contract Act – Consumer Protection Act
- Delay in Filing Documents Does Not Extinguish Insurance Claim
- Delay in filing hard copies of RERA appeals filed on-line in time.
- Delay in giving possession of flat – Delay in filing appeal before NCDRC
- Delay of 14 days in filing Section 34 Arbitration Petition – Interesting facts and important question of law
- Delayed Payment charges for delay in giving possession without occupancy certificate
- Deletion of online references as “accused” after acquittal in cheating case
- Delhi HC – Arbitral Award – Insurance – Double Deduction
- Delhi HC – Arbitral Award of Mesne Profits Cannot Rest on Guesswork
- Delhi HC – Pandemic Exclusion Preserves Arbitrator Mandate – UOI’s Challenge to arbitral award Dismissed
- Delhi HC – Arbitral Award -Clarifies on Rules of Appropriation First for Interest before Principal
- Delhi HC – IIM Jammu, a beneficiary, funding & supervisory authority, cannot be impleaded to arbitration without privity of contract or arbitration agreement
- Delhi HC – LD Clause survives despite extension of time
- Delhi HC – Repeated Defective “Re-filings” on 14 times Do not Extemd Limitation of Section 34
- Delhi HC – Section 21 Arbitration Notice is Procedural & Signal commencement of Arbitration – Need Not List All Claims
- Delhi HC – Section 9 Relief Ancillary, Not a Substitute for Specific Performance
- Delhi HC – SIAC Injunction Order Persuasive, Not Enforceable in India
- Delhi HC Affirms Maintainability of Section 9 Arbitration Petitions Amid Parallel Proceedings
- Delhi HC Clarifies “may” vs “shall” test for binding arbitration
- Delhi HC on CA Certificates Vs Proof of Expenditure in arbitration
- Delhi HC on Powers of Section 34 Court to examine limitation of Arbitral Claims
- Delhi HC Upholds Arbitral Award – Liquidated Damages Require Delay Attribution Proof & Verification – Clause 27 of the Contract of IRCON and AFCONS
- Delhi HC Upholds Rs.33 crores Arbitration Award in Valley Iron & Steel Flood Damage Insurance Claim
- Delhi High Court important ruling on donation of liver by minor daughter of age) to ailing father – Transplantation of Human Organ Act, 1994 – Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014
- Delhi High Court on interpretation of clause“AS IS WHERE IS” often employed in the Auction Notice and interplay of “Caveat Venditor” vis-a-vis “Caveat Emptor”, SARFAESI Act and directions to refund auction amount –
- Demat Share Transfers despite injunction – Liability of CDSL
- Demolition of old 129 years building – Objection of society
- Demurrage charges are not includible in the assessable value of imported goods – CESTAT Ahmedabad decision
- Demurrage Denied – Bombay HC Upholds Limitation Bar in Charterparty Dispute
- Denial of medical expenses for want of initial consultation report, MRI and Xray.
- Detention at Airport Immigration Office on look-out notice is arrest for section 48 BNSS
- Developers Win as Karnataka HC Scraps RERA Delay Fees Circular
- Developers Win as Karnataka HC Scraps RERA Delay Fees Circular
- Development of Basic Amenities in Municipal Areas – Policy decision to give State subsidy – Change of legislative constituency from one to another for execution of such works – Illegal
- Development Plan – Acquisition – TDR in lieu of compensation
- Digital Access in New Buildings – Beyond Brick and Mortar
- Digital India – Digital KYC – E-KYC – Exclusion of persons with physical disabilities
- Digital Monitoring of Liquidation process
- Dignity and modesty of a woman must be protected from all forms of defamation.
- Dignity First – Maharashtra 15.12.2025 GR Secures Senior Citizens in Housing Redevelopment
- Disabilities Act – Approach and Attitude of the State
- Disability Act 2016 – Rights should not merely remain on statute book – Spirit of legislation must be applied by all authorities in practical application with sensitivity and flexibility.
- Disability Certificate – Simplified process – Online portal – Amendment of the RPwD (Amendment) Rules 2024.
- Disability in Service – Constitutional & Statutory Obligation for Reemployment
- Disciplinary Enquiry – Charge sheet after 12 years illegal says Supreme Court
- Disciplinary Enquiry – Charge sheets issued before retirement but served after retirement – legality
- Disciplinary Inquiry – Non-supply of preliminary inquiry report & Principles of Natural Justice
- Discipline over Sympathy – CISF Service – Dismissal for Bigamy
- Discontinuation of Contract abruptly before expiry of period & without giving any reason
- Dismissal – Misconduct in education department – Disciplinary inquiry by the High Court after appointment as Civil Judge
- Dismissal of Court Employee for Unauthorised Absence for five days and Submission of a fabricated medical certificate
- Dispute of refund of cancelled air tickets is not commercial dispute
- Disputes of Eviction from Airport Premises Not Arbitrable
- Disputes relating to redemption of mortgage are not arbitrable
- Disqualification – Managing Committee Member having more than two children
- Dissenting or Minority Arbitral Award or Opinion is not an “Award”
- Dividend Income – Tax Credit to Joint Venture – Oman Tax Laws and Double Taxation Avoidance Treaty
- Doctrine of Merger – Common law doctrine – There cannot be at the same time more than one operative order for same subject matter.
- Doctrine of Necessity – Powers to convene election meeting – Elections of Executive Committee of the Trust -Section 15 of the Societies Registration Act, 1860 – Right of default members to vote
- Domestic Violence Act – Acts of domestic violence for grant of maintenance and compensation –
- Domestic Violence Act – Objective of the Act is a measure of social justice applicable to each woman – Dismissal of Complaint in default for non-appearance of wife on a single day –
- Domestic Violence Act and Senior Citizens Act – Interplay of rights of senior citizen and daughter-in-law
- Draft Broadcasting Service (Regulation) Bill 2023 is issued for suggestions and comments from the public.
- Drone – Innovative technology integration in agriculture operations and women empowerment – Drone Didi Scheme for women trained as Drone Pilot – Game changer if followed in other sectors
- Duty of Traffic Supervision at Bus Depot is Frontline Duty under COVID-19 – Bombay HC Holds MSRTC Employee entitled to Ex-gratia Compensation
- DV Act – Proprietary rights Vs Women’s Rights as part of Human Rights
- E-Auction Technical Glitch Found User-Side, Not Portal
- E-post Service of Court Summons / Notices – Bridging Digital Divide
- ED – Statement of person – senior citizen called under Section 50 of PMLA recorded in the night – Violative of Article 21 of the Constitution of India
- Election Code of Conduct – Suspension of activities – Maha Building Construction Workers Welfare Board
- Electric Vehicles – New 2025 Policy of Government of Maharashtra
- Electricity – Unit of Drug Manufacturer – If Commercial or Industrial tariff is applicable
- Electricity – Mahavirtaran Amnesty – Payment of 100% theft amount by auction purchaser
- Electricity Act 2003 – Distribution Franchisee applied by the Central Shopping Mall for its shops – Challenge to the Final assessment order under Section 126- in writ petition – Efficacy of alternate remedy of Section 127
- Electricity Act Overrides Arbitration Act –
- Electricity Act, 2003 – Whether a Lessee or occupant is a “consumer” Sections 126 & 127 – Important Question decided by Bombay HC
- Electricity Transmission Lines – Powers to determine compensation for use of lands – Interplay of Government Resolutions of State Government Vs Telegraph Act, 1885 & Electricity Act, 2003 –
- Employee right to travel abroad – Denial of Permission – Pendency of Inquiry – Illegal
- Employees Compensation Act –Compensation for accident – If loading / unloading worker while loading coconut tree in stationery lorry is employee under Clause (c) of first proviso to Section 147(1) of the MV Act, 1988?
- Employees Compensation Act, 1923 – A person engaged in hiring mike set for rent is not an “employee” within the meaning of Section 2(1)(dd) of 1923 Act but a contractor –
- Employment Agreement – Exclusive Jurisdiction Clause – Section 28 of Contract Act & Section 20 CPC
- Employment disputes of lock in period are arbitrable – Arbitration Act, 1996?
- Enforceability of Non-solicitation of Master Supply Agreement after termination & Section 9 of AA
- English Court Summary Judgment vs Section 13 CPC
- Entertainment duty on Cinema Award function & Penalty –
- Entry (X) Visa & Blacklisting of Foreign National Spouse of Indian Citizen – Section 3 of the Foreigners Act, 1946
- Environment – Post facto CRZ Clearance – Legality of OM dated 19.2.2021
- Environmental Protection and Right of Slum Dwellers to Housing – delicate balance
- EPF Act – application to two institutions of same Society since there is financial integrity and the funds have been given by the Society to both the institutions.
- EPF dues – Registration of Crime for offence of misappropriation is illegal without following mandatory provisions of Section 7A is illegal
- Equal Remunerations Act – Violation by service provider -Criminal Complaint against Chairman of Wipro
- Equitable Mortgage – Importance of Deposit of Title Deed for Priority between two Mortgages
- Equity Over Error – SC Balances Justice in MV compensation
- ESI Act 1948 – Bakery – use of fridge for storage if amounts to manufacturing process of bread
- Ethanol is not covered by the Bombay Prohibition Act – Seizure by Excise officials illegal and perhaps seizure was made to cater to the private interests of third parties.
- Eviction – Landlord – Member of Armed Forces Maha Rent Control Act
- Execution of Decree – Section 54 CPC – Endless process – Chequered history of 1956 partition suit filed in 1956 and decree passed in 1957 – Till today the plaintiffs to get possession for objections of subsequent transferees.
- Execution of the Arbitral Award – Objection of lack of inherent jurisdiction
- Exparte decree – Interplay of Order IX Rule 13 & Explanation to Rule 2 of Order XVII of CPC
- Express agreement in writing to waive unilateral appointment of Arbitrator is mandatory
- Expulsion of the student -MNLU Mumbai – Reduction of punishment and community service
- Extinguishment of claims after approval of IBC Resolution Plan and Termination of Arbitral Proceedings.
- F
- Failed Export Goods Insurance Claim Upheld – Bombay HC says no Re-Reading of Policy Terms
- Family Court order for father to “apply-each-time” for visitation during visit to India to meet daughter
- FEMA – Foreign remittances of Jaipur IPL franchisee in 2008 – Violation – Burden to prove and quantum of Penalty – Specific finding on the specific role of individual is essential for imposing penalty
- FIR – Offence – Section 31 of the DV Act – Order for maintenance, residence and compensation
- FIR for offences under Sections 420 & 120B of IPC and Sections 3 & 7 of the EC Act, 1955 for sale of hydrocarbon mixture as petrol or diesel –
- FIR in 2017 for offences of Sections 406 and 420 IPC – Non-payment of goods supplied in 2014
- Fire Policy – Multiple reports on cause of fire – Seven suggested “short circuit” & two negligence of the insured – HELD cause of fire is immaterial if the claimant is not the instigator of fire.
- Flat – Transfer Charges by Developer on second sale is illegal
- Flat booking with partnership firm – Dissolved after booking – Partners’ liability
- Food Safety and Standards Act, 2006 Vs. Offences under Sections 272 & 273 of the Indian Penal Code – Interplay – trial of offender under both enactments – Overriding Effect of Section 89 of FSSA
- Foreign Award – Enforcement against a person not party to proceedings
- Foreign Father’s Immigration status on the date of birth of child in India is decisive for minor’s passport
- Foreign Lawyers – enrolment in India – South Korea national who has taken law degree in India applied for enrolment – Proviso to Section 24(1)(a) of the Advocates Act -Interesting facts and interesting case.
- Foreign Social Media – No Fundamental Rights – Karnataka HC favours Government’s Online Oversight
- Foreign Trade – Ban on export of non-basmati rice –
- Forest Offence – Moving of sandalwood by itself does not amount to
- Forfeiture of Gratuity of Bank Regional Manager – Bombay HC
- Fraudulent Siphoning Off Shares of Investors – Misuse of Power of Attorney by Stockbroker – Liability of CDSL as Depository
- Freezing / Attachment of Accounts Accused – Section 102 of Cr PC & Section 18A of the Prevention of Corruption Act
- Fresh Arbitration for second time and fresh Appointment of Arbitrator
- Fresh Lease, Fresh Duty – Bombay HC – Stamp duty on renewals
- From Accident Injury to Mortality – SC for Proof Beyond Proximity
- From Arrears of Previous Owner to Admission of new Member in Housing Society – Bombay HC Ruling
- From Coastal Zone to Commercial Zone – Legal Green Light to MSRDC
- From Goa to Interpol – Aadhar Card Trail of Foreign National Faces legal Heat
- From Tweet to FIR – Not Without Due Process & Prior Inquiry
- From Tweet to FIR – Not Without Due Process & Prior Inquiry
- Full Bench Reference on GST Single SCN for Multiple Years
- Garage owner – Can he become regular member of Coop Housing Society – Interesting facts of the recent decision
- Gender Bias – Obtaining Maiden Surname in the record – Notification of GOI to submit either divorce decree or NOC from the husband
- German Visa – Refusal for non-compliance of section 5 of Special Marriages Act
- Gold Jewellery of Iranian Nationals seized at the airport was sold even before confiscation by the Customs.
- GoM – Policy Decision to Shift Burden of Land Acquisition from Compensation to TDR Incentives.
- Google – Patent “Managing Instant Messaging Sessions on Multiple Devices – Lack of inventive step – Not entitled to grant of patent – Google had presented wrong facts and also failed to disclose information
- GR dated 4.7.2019 is not statutory and does not override the autonomy of cooperative housing societies.
- Graduate Pay Scale to Subject Teachers of RTE Act
- Green belt Zone – Mutha river – Illegal structures – Right to Regularisation
- GST – Cancellation of Registration – Show cause notice, order and also appellate order are Illegal
- GST – Canteen facility to the employees of Suzuki Motor Gujarat – Deduction made from the employees availing food in the factory would not be considered as “supply” under Section 7 of the CGST Act, 2017.
- GST – Cross-empowerment -CGST Act & Tamil Nadu GST Act – Petitioners assigned to State GST but proceedings initiated by Central Authorities or vice-versa – Absence of Notification under Section 6 of the Act.
- GST – Major Relief to Holding Companies – Interim Stay of PH High Court to GST on Corporate Guarantees
- GST – Notice for audit valid even after de-registration
- GST – Sections 74, 122(1A) and 137 of CGST 2017 – Notices to the employees of Agent /group company of foreign Shipping Company and demand of Rs.3731 crores with penalty since the employer wrongly availed ITC amount.
- GST – Arrest in old matter – detention beyond 24 hours
- GST – Availment of Input Tax Credit – Actual physical movement of goods is essential including vehicle number, payment of freight, acknowledgement of taking delivery of goods, payment, etc.
- GST – Denial of Input Tax Credit for non-reflection in GSTR 2A as it is not under the control of the petitioner – Assessing Officer is required examine credits availed by the taxpayer – Kerala High Court
- GST – Development Agreement – Clause 5B of Notification dated 28.6.2017 – services by way of development rights or FSI for construction of a project
- GST – Goa University – Educational activities – Affiliation Services to constituent colleges
- GST – Interest on delayed payment of tax refund – Section 56 of CGST Act
- GST – Transportation of imported machinery from JNPT to own factory is not “supply”
- GST Not Leviable on Arbitral Award Settlement Payment
- GST Registration – Cancellation with retrospective effect from 1.7.2017 – Show cause notice of 7.10.2022 for failure to furnish returns for a continuous period of six months – Delhi High Court
- Hadapsar Industrial Estate – dumping solid waste – PIL for shifting outside Pune
- HC can appoint Arbitrator if mediation is not initiated under MSMED Act
- HDFC Bank – Amalgamation – Transfer of commercial suit to DRT
- HDFC Bank – Complaint of harassment by the borrower to the Minority Commission
- HDFC Employment Contracts Jurisdiction in Mumbai Courts – Suit against termination filed in Nagpur Court – Maintainability
- Higher Qualification Cannot Substitute Appointment Eligibility
- HIV – medical negligence – discharge of IAF official from service – landmark eye opener Judgment dated 26.9.23 of the Supreme Court of India
- Home buyer – Delay in giving possession – Interest and Refusal to take possession
- Home Loan – Loss of original documents of property by the Bank
- Home Loan – Add-on Insurance– Exclusion Clause neither furnished nor made aware to the insured
- Home Loan Borrower’s death – Policy Ambiguity & Contra Proferentem
- Hospital – Uniform standard hospital charges – Rule 9 of the of the Clinical Establishment (Central Government) Rules, 2012 – Important issue raised in PIL by NGO Veterans Forum for Transparency in Public Life –
- Housing Society – Resolution of General Body to levy compulsory charges on members for cultural activities – Legal
- Housing Society cannot levy maintenance or service charges as per area of the flat – Cooperative Court
- Housing Society Maintenance Dues Enforceable against Developer – Title Dispute Not a Shield
- Housing Society NOC for Consolidation of Flats
- Housing Society Vs. Flat owner & Rental Rights of students
- IAS Officers of MP cannot be reporting, reviewing or accepting authority for performance appraisal of IFS Officers
- IBBI – Registered Valuer – Misconduct
- IBBI – Real Estate – CIRP & Liquidation – Discussion Paper of 6.11.2023 on proposed key changes to ease the process
- IBBI – Resolution Professional – Show cause notices & Suspension of Authorization
- IBC – Auction – Liquidator cannot cancel an auction on expectation of higher price in fresh auction
- IBC – Circular dated 28.9.2023 of IBBI whether clarifies “liquidation costs” in Regulation 4(2)(b) of IBBI (Liquidation Process) Regulations, 2016 or in effect makes amendments?
- IBC – Code does not relate to the insolvency resolution of individuals and partnership firms – HELD that Section 95 petition even at the stage of filing is not maintainable and NCLT has no jurisdiction.
- IBC – Criminal Case if CD fails to cooperate & join CIRP and to give assets / required documents / information to IRP-
- IBC – Effect of Notification of mortarium exemption to the aircraft succinctly summarized in the Article of CAM authors
- IBC – Inclusion of claim in CIRP at a belated stage and after approval of RP by COC but before approval of Adjudicating Authority is not permissible.
- IBC – IRP Appointment – Disciplinary Committee – Important questions of law and public importance raised in the writ petition
- IBC – Real Estate – Corporate Debtor – Amendment of 16.2.2024 to IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Transparency and accountability –
- IBC – Report of Committee on introduction of Mediation in Insolvency and proposed frame work in the backdrop of new Mediation Act, 2023.
- IBC – Salutary order of the Supreme Court for value maximization of Corporate Debtor.
- IBC – Section 26(2)(a) – Right to claim set-off in CIRP and consideration by RP while taking custody and control of all assets of Corporate Debtor.
- IBC – Suspension of RP registration
- IBC – To reduce cost, simplify and ease of compliance under Regulations -Suggestions vide IBBI release of 12.10.2023 – Salutary and much-needed reforms to reduce compliance burden
- IBC – Aircraft – Section 14(1) shall not apply to the transactions, arrangements or agreements under the Convention and the Protocol, relating to the aircraft, aircraft engines, airframes and helicopters.
- IBC – IBBI- Important Discussion Paper of 10 May 2024 on Record of Default by Information Utility alongwith the Draft Amendments inviting public comments
- IBC – Insolvency Professional Entities – Discussion Paper launched by IBBI on 20.10.2023 on important issues on need for enhancing their effectiveness – Submission of comments by 11.11.2023
- IBC – Liquidator’s fees – Clarification Circular dated 28.9.2023 on the different interpretation of terms -IBBI (LP) Regulations 2016
- IBC – NCLAT – Section 9 application – Collusion of Corporate Debtor & Operational Debtor to overcome RERA orders for protection of home buyers
- IBC – Operational Debtor – Dues not disclosed by the CD and also not obtained by IRP / RP.
- IBC – Resolution Plan of IHL Lifesciences for acquisition of Parental Drugs – Salutary tips of Law Firm for the investors
- IBC & Home Buyers – Financial Creditors Vs Speculative Investors
- IBC & Negotiable Instruments Act – proceedings – Distinction
- IBC Misuse for Recovery of Civil Court Decree
- IBC Not Recovery Tool – Bank Claim Lies Before DRT
- IBC Resolution Plan Extinguishes Arbitral Award Rights
- IBC Versus Slum Development – Petition of Resolution Professional – Landmark judgment of the Bombay High Court
- ICU Treatment in Hospitals – Supreme Court Guidelines
- Identity Theft – Misuse of Aadhaar & Pan – Impersonation
- IIT Bombay – Non-Renewal of Contractual Appointment
- Illegal arrest & custody – Inquiry of Police and Compensation of Rs.25,000/-
- Illegal Arrest, Remand and Custody – Section 58 of BNSS 2023
- Illegal construction of community hall on reserved land for playground – Illegal permission by MHADA & BMC – Inquiry
- Illegality of unauthorised structure of reputed school is incurable
- Immigration & Foreigners Bill,2025 – Introduced in Lok Sabha on 11.3.2025
- Immunity to Contractors of Maharashtra Samrudhi Mahamarg from illegal excavation of minor minerals
- Impartiality Requires More than Prior Views of Arbitrators – Rules Delhi High Court
- Imperative need for cyber insurance – Times Special informative article
- Imperative Need for Sports Law Regulations
- Import of Rubber Processing Oil – Mis-declaration of origin of country in the bills of entry immaterial for valuation, description and other particulars of imported goods – Important Judgment of the CESTAT, Ahmedabad
- Importance and Relevance of Doctrine of “Ante Litem Motam” in the Arbitral Disputes and Claims
- Importance of Marriage ceremony – Salutary observations of the Supreme Court
- Important & Salutary for the students and the parents – Guidelines for Regulation of Coaching Centre – Legal Framework for Unregulated private coaching
- Important Beneficial Order of ITAT Kolkata Section 54E of Income Tax Act – Capital Gains – Exemption
- Important decision of NCLAT – NFRA Vs. ICAI on Disciplinary matters of Chartered Accountants –Chartered Accountants Act, 1949
- Important Decision of NCLAT on relations between Insured-OC & Insurer and third party CD vis-a-vis insurance payment, “debt due”, insolvency proceedings and doctrine of subrogation.
- Important judgment on the issue of “relevant date” for market value for charges for change of user from industrial to residential.
- Important PIL to regulate and frame comprehensive guidelines for advertisements by Corporate Hospitals – Supreme Court issued the Notice
- Important question on the right of financial creditor to the minimum value of its security asset is referred to the larger Bench of the Supreme Court
- Income Tax – TDS from compensation of acquired land – Illegal
- Income Tax Immunity of Land Acquisition Arbitral Awards
- Income Tax Notice of appeal sent in SPAM email account folder – Service is not valid
- Indigent Person – Court fees – Insurance Claim
- Indiscipline in Uniform – Absenteeism – Zero tolerance of SC
- Industrial Disputes Act, 1947 – Regional Business Head in the grade of Senior B2 Sale – Whether “Workman” under Section 2(s) – Maintainability of Reference to the Labour Court –
- Injunction against enforcement of permanent injunction of Singapore Court against plaintiff from pursuing NCLT petition in India.
- Inordinate delay of 13 hours in train service – deficiency in service by Railway – Compensation of Rs.50,000/- granted.
- Insolvency – Home Buyer Claim
- Insolvency – IBBI -Salutary decision to frame guidelines and panel in advance for appointment of Interim Professionals to avoid administrative delay
- Insolvency – Litigation Funding Agreements – Liquidator
- Insurance – Compensation – Cancellation of policy prior to accident – Onus on the Insurer to produce documents and prove cancellation for dis-honour of cheque and intimation to insured prior to the accident
- Insurance – Date date of issuance of policy would be relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt.
- Insurance – Essential to provide copies of surveyor / investigator reports to the insured to call for objections before repudiating the claim
- Insurance – Exclusion Clause & Proposal Form- Interplay – Repudiation of claim
- Insurance – Landmark reforms – Freedom in product development, pricing and governance- – Insurance Products Regulations of 2024 enabling insurers to adopt good governance while designing and pricing the insurance products.
- Insurance – Liability of Insurer for Agent’s Misleading information and Misrepresentation
- Insurance – Ombudsman Award – Implementation by Insurer – IRDAI Notification of 25.4.2017.
- Insurance – Policy issued on receipt of cheque and subsequently dishonoured but vehicle ply on road without valid insurance – HC found that 2002 Notification of Online mode of payment of insurance premium kept in the dark
- Insurance – Repudiation of Claim – Transfer of vehicle – Section 157 of the MV Act
- Insurance – Repudiation of claim for damage to the Mercedes Car
- Insurance – Repudiation of Claim for loss due to floods on the ground of fraud
- Insurance – Robbery of diamonds – Repudiation for Breach of Warranty
- Insurance – Section 66(3)(i) of MV Act – Statutory exemption to the insured offending vehicle of goods auto rickshaw to have permit -Does not amount to violation of policy conditions?
- Insurance – Surveyor & Loss Assessor – Denial of Renewal of Membership of IISLA
- Insurance – Surveyors & Loss Assessors work impartially
- Insurance – Compensation – Pay & Recover Principle – Exception
- Insurance – Contractor’s All Risk Policy – Collapse of bridge
- Insurance – Death due to sudden cardiac arrest during Covid-19
- Insurance – Difference of opinion of two Surveyors on cause of loss either seepage or heavy rains
- Insurance – Fire – Cause – Whether short circuiting or self-combustion.
- Insurance – Insurer’s Right to Recovery & Burden on Insurer to plead and prove wilful breach of duty of vehicle owner
- Insurance – Interesting – Code of Code mandates that TPA of Health Services not to lend or grant any loan to any other company, entity or individual not connected with its TPA business – Penalty for violation
- Insurance – Pay and Recovery – Utility & Goods Vehicle
- Insurance – Stock Valuation – Reports of Surveyor Vs Audit
- Insurance Claim – Repudiation for non-payment of national permit authorisation fees of truck
- Insurance claim – Repudiation for partial non-disclosure of material facts of other policies
- Insurance Electronic Marketplace free of charges for availing services by the consumers -IRDAI – Insurance – Digital Public Infrastructure “Bhima Sugam – Insurance Electronic Marketplace” –
- Insurance Ombudsman Rules 2017 – Quasi Judicial Authority – Duties and Functions
- Insurance Policy – Renewal – Dishonour of cheque by the Bank although sufficient balance in the account but for non-linking MOD with account – Deficiency in Service –
- Insurance Policy – Repudiation on the ground of material suppression of existing life insurance policies from other insurers – Section 45 of the Insurance Act, 1938 –
- Insurance Policy for the thermal power plant – Initial Report of Insurer Surveyor Vs. Subsequent Report of Independent Surveyor and subsequent addendum report of Insurer Surveyor
- Insurance Reforms – Empowerment of Policy Holder –Master Circular 19.6.2024
- Insurance Special Condition “Voyage should commence & complete before monsoon sets in”
- Intellectual Property Assignment Agreement – Commercial suit & Criminal Complaint
- Interest at 38.85% under Section 16 of the MSMED Act granted under Ad-hoc Arbitration is legal.
- Interest on retiral benefits – Doctrine of restitution from due date when Employee exonerated in disciplinary inquiry
- Interest on statutory deposit under Section 127(6) of the Electricity Act
- Interest on withheld Gratuity on acquittal in criminal case – Sections 7(3A) and 14 of Payment of Gratuity Act 1972
- Interest rate on refund of flat amount
- Interesting and mind-boggling consumer complaint – Excess charge of Rs.0.50 ps by the Post office.
- Interesting point – Detention of imported goods “Lithium Ion Cell” for not affixing BIS markings / stickers on the “actual products” as per BIS Regulations, 2018
- Interim Relief & Development Agreement Terminated by Society
- Internship opportunities to the students -salutary decision of the welfare Government of Maharashtra in right earnest to create platlform in the college vide recent Government Resolution dated 5.2.2024 in the interests of thousand of students
- Interplay of GCC & SCC for Existence of Arbitration Agreement
- Investor Disputes – Bombay HC Quashes Arbitral Awards of NSE, BSE & MCX
- Invocation of Arbitration Not Consent for Appointment
- IPL -Royal Challengers Bengaluru – Prayer to ban advertisement of Sunrisers Hyderabad Cricketer Travis Head
- IRDAI – 14.2.2024 – Exposure Draft of Protection of Policyholders’ Interests and Allied Matters of Insurers) Regulations, 2024
- IRDAI – Amendments of 10.10.2023 to the Master guidelines – Anti-Money Laundering / Counter Financing Terrorism
- IRDAI – Arbitration Clause in General Insurance Policies – Amendment by IRDAI Circular dated 27.10.2023
- IRDAI – Corporate Governance Regulations of 2024 – Exposure Draft published on 2.2.2024 – for doing business, reduce compliance, protection of policy holders and above all, best practices for the corporate governance of Insurers
- IRDAI – Cover note of 12.12.2023 on Exposure Draft and inviting comments / suggestions on unification of two Regulations of 2015 and 2016
- IRDAI – Draft Guidelines of 20.2.2024 – Introduction of collaterals in the Insurance sector and in particular for reinsurance transaction with Cross Border Reinsurers
- IRDAI – Final Order dated 22.2.2024 prohibiting Confiance International Reinsurance Brokers Malaysia for two years from Indian Insurance Market –
- IRDAI – Health Insurance Policies – Guidelines Circular Coverage for AYUSH on par with Allopathy & other treatments – Guidelines & Advisory Circular dated 31.1.2024 for Insurers.
- IRDAI – Important and significant Circular of 31.1.2024 for the Persons with Disabilities (PWD) or afflicted with HIV / AIDC or suffering from mental illness.
- IRDAI – Insurance – Important Exposure Draft on IRDAI (Insurance Products) Regulations, 2023 – Published on 12.12.2023 inviting comments / suggestions.
- IRDAI – Penalty of Rs.1 Crore – Go Digit General Insurance Co Ltd – Order dated 2.5.2024 – Violation of Section 26 of the Insurance Act, 1938 read with IRDAI Regulations 2024
- IRDAI – Circular dated 30.10.2023 effective from 1.1.204 – Revision of Consumer Revision Sheet – Salutary to explain the basic features of policy and necessary information in simple words
- IRDAI – Insurance Ombudsman Rules, 2017 – Salutary amendment to raise ceiling on award of compensation is raised from “Rs.30” lakhs to “Rs.50” lakhs vide notification dated 9.11.2023.
- IRDAI – Landmark Reforms in Health Insurance – Master Circular dated 29.5.2024
- IRDAI Circular dated 16.2.2024 – Unclaimed amounts of Policy holders – New Salutary measures to reduce existing and contain future accumulation of unclaimed amounts –
- IRDAI Circular dated 18.10.2023 for inbuilt mandatory insurance under IMT-29 in a private car policy for employer vehicles used by the employees.
- IRDAI Circular dated 24.11.2023 – Discontinuation of filing of certain returns by the Insurers and the Insurance Brokers
- IRDAI Circular dated 9.10.2023 – Prevention of financing to WMD – duty of stake holders to prevent financing and verification on periodic basis
- IRDAI Circular of 21.11.2023 – Clarification of “without delay” for sanctions to Terrorism, Terror Financing & Proliferation Financing means “preferably on the same business day but not later than 24 hours in any case” for Section 12A of WMD Act, 2005 and UAPA 1967.
- IRDAI Circular of 8th January 2024 – Compliance of the General Insurers with the important three Notifications dated 25.2.2022 issued as per the amendments of MV Amendment Act, 2019
- IRDAI on 2.2.2024 issued Exposure Draft of IRDAI (Registration, Capital Structure, Transfer of Shares and Amalgamation of Indian Insurance Companies) Regulations, 2024
- IRDAI Order dated 10.11.2023 – Whether penalty of Rs.3 lakhs on broker is “appropriate” for grave misconduct of submission of forged certificates – For consideration and views
- IRDAI Order dated 23.7.2024 – Stock Options – Non-Executive Director – Prior approval
- IRDAI Order of 19.2.2025 – Insurance Broker – Penalty of Rs.1 crore for violation
- IRDAI Order of 23.1.2025 – penalty of Rs.1 crore – Violation of Outsourcing of Activities Regulations, 2017.
- IRDAI Order of 4.8.2025 –Penalty of Rs.5 crores on PolicyBazar
- IT Act – Govt subsidies, duty drawback, incentives, exemptions and waivers given to projects / industry are income – Finance Act of 2015 – Constitutional validity – Judgment of the Bombay High Court
- IT Act – Rebate of Section 87A – Online filing of Return – PIL by Chamber of Tax Consultants
- ITAT Mumbai – Capital Gains Exemption – New Flat in redevelopment Project in lieu of surrender of tenancy rights
- ITAT Mumbai – Redevelopment & Income Tax – Multiple Floors in new Building Still One House for Section 54 Exemption
- ITAT Mumbai Ruling of 20.2.2026 – Major tax relief for full indexed cost of acquisition of the entire land on multiple floors received in the redevelopment.
- Joint Development Agreement – Commercial purpose -Consumer Forum – Arbitration
- Judges (Protection) Act, 1985 applicable to the Tahsildar acting as Revenue Court under the Land Revenue Code – Criminal prosecution for order of mutation order illegal
- Judicial Scrutiny of Tender Evaluation & Objections
- Justice for Every Pothole Death: Bombay HC Orders Rs.6 lakh Compensation
- Justice for Frontline Heroes – Insurance Benefits Restored by the Bombay HC
- Justice for the Bar – SC shields Advocate from harassment
- Justice in Milli-meters – Bombay HC rounded height criteria to higher stage for Armed Forces Entry
- Justice over Limitation – Stamp duty refund – failed Foreign Investment
- Kabaddi Player -Cancellation of eligibility certificate granted earlier
- Karantaka High Court relief to 85 years old lady senior citizen, who gifted coffee estate to the son, for maintenance of Rs.7 lakhs under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Karnataka HC – Arbitral Claim – Extension of Limitation – Section 18 of the Limitation Act
- Karnataka HC – Arbitral Award – time barred claim – Section 43 of AA and Sections 3 & 18 of the Limitation Act
- Karnataka HC says that the LLP disputes must go to Arbitration by default.
- Karnataka High Court – – Important Ruling – Partition deed is not covered under Section 23 of the Senior Citizens Maintenance and Welfare Act 2007 and therefore, cannot be challenged.
- Karnataka High Court – Menace of Unauthorised Constructions – Recent order dated 19.1.2024 – Landmark, Comprehensive, Salutary directions and also to create database for website and use of common stake holders / authorities
- Kerala HC Quashes Criminal Case against Teacher – Distinguished Discipline from Cruelty to Student
- Kolhapur Civil Court – Landmark Judgment on Important Principles of Law – Inami land – Suit for declaration that the Church has no right, title and interest in the suit property at Kodoli Tq.Panhala
- Land Acquisition & Compensation Vs. TDR / FSI
- Landmark initiative – MoU of Department of Social Justice with Legal Services Authority for social justice
- Landmark judgment – Interplay of Cr PC & BNS – Dementia – Duty of the Court
- Landmark Performance Audit Review of Slum Act
- Lease – DDA – TP Act 1882 – Lease hold plots became property of transferee Company on amalgamation – Lease conditions still apply – Supreme Court of India
- Lease – Right of lessees / sub-tenants to extension and renewal after expiry of initial lease period – Section 81B of MM Corporations Act, 1949
- Lease Agreement – Whether for residential or commercial use – Doctrine of Blue Pencil
- Lease Disputes under TP Act are arbitrable – Section 11
- Leave and Licence Agreement – Order XV-A and Order XXXIX Rule 10 of CPC – Powers of Court to order deposit licence fees at the interim stage in a suit other than for eviction.
- Leave Encashment of unutilized leave earned during Re-employment
- Legal Aid to litigants – Fees of Advocates -Maharashtra Legal Services Authority
- LegalDeli.In Launches Arbitration Services
- Legislation on Right to Health – To my mind, it may be first of its kind in the country and comprehensive –
- Lenders Rights on Pledged Shares after closure dates
- Levy of Service Charges for recording transfer or assignment of life insurance policy is not legal – Section 38 of the Insurance Act 1938
- Liberty First : SC Says Arrest Must Be Explained in Writing and In Time
- LIC – Concluded Contract of Insurance – SC important decis
- LIC Insurance claim – Repudiation – Suppression of Material Facts
- Limitation – Appeal against acquittal – Section 378(5) of Cr PC – Benefit of Section 5 of the Limitation Act to condone delay is available.
- Limitation – Conciliation / Arbitration -Section 18 of the MSMED Act, 2006.
- Limitation – Online Filing of Appeal – Deficiencies of physical copies etc; complied with after limitation – Rejection of appeal on the ground of limitation is illegal – Section 107(1) and (4) of the Act
- Limits of Seizure of Immovable Property by Police – Section 102 Cr PC & Section 4 MPID Act
- Limits on Court Martial after Criminal Court Discharge
- Liquidated damages and Extension of time to complete the project
- Liquidated damages for resignation before prescribed period – Indemnity Bond
- LL.B. course – Petitioner was given admission to 3-years course from OBC category in 2019 – Objection to the eligibility for admission was taken at the fag end of the course – Illegal
- LL.B. Degree (3 years course) obtained while in service – Eligibility for enrolment after retirement- Refusal of Bar Council is illegal since it has no right to question the degree certificate
- LMV Driving Licence & Transport Vehicle – Review of 2017 Judgment of the Supreme Court to consider consequences and social issues
- Local Body Tax – Appeal – Pre-deposit of “disputed tax” – Scope of – Section 406(8) of MMC Act
- Locus standi to file RERA complaint – adjoining owner of plot developed by promoter is not aggrieved person
- Loss of Profit- Evidence Vs. Guesswork for Damages
- Madras HC – Arbitral Bias of Co-Arbitrators & Principle of Poisoning the Well
- Madras HC – Doctors Not Bound by Corporate-style Non-compete clauses in the professional agreement of the Hospital
- Madras HC Protects Doctor’s Independence – Arbitration Petition of Hospital Rejected
- Maha RERA – Hybrid Hearing – Guidelines to streamline process
- Mahabharat quotation “Tiger protects Forest and the Forest guards the Tiger” – invoked for Tiger Reserve in Goa
- Maharashtra Land Revenue Code, 1966 – Section 48(7) – Unauthorised exacavation of earth for sewerage pipeline network of Thane Municipal Corporation – Penalty and royalty charge
- Maharashtra Pollution Control Board cannot issue binding circular outside the statutory frame work.
- Maharashtra Public Trusts Act, 1950 – Interplay of Sections 33 & 36(1)(a) – Permission for sale of immoveable property of Osho Trust in Pune & Order for special audit
- Maharashtra Stamp Act – Stamp Duty & Development Agreement –
- MahaREAT – Exemption conditions for registration of project under RERA, are alternative, not cumulative.
- MahaRERA – Powers to Cancel Registered Agreement at the Instance of Promoter
- MahaRERA – Comprehensive & salutary Reforms for 2024 – 19 pages consultation paper as per of Section 14(3) of the RERA 2016 for public comments
- MahaRERA – Developer Must Provide Safe, Usable & Functional Car Parking – Paper Allotment Not enough
- MahaRERA Landmark Order of 30.7.2024 – Mandatory Disclosure of Amenities / Facilities
- Maintenance – Charge on husband’s property – Sec.39 of TP Act
- Maintenance – Section 125 Cr PC – Deductions of LIC premium, Home Loan, Payment of Loan for purchase of land are not permissible in law – Allahabad High Court
- Maintenance – Waived under the consent terms of Divorce – Bar of Section 125(4) of Cr PC if wife is living separately by mutual consent
- Maintenance – DV Act – Filing of affidavit declaring Assets and Liabilities by spouses is for to determine interim maintenance by the Court and not after application was finally adjudicated
- Maintenance – Earning of wife is no ground to deny
- Maintenance Fund – Non-transfer to the Housing Society
- Majority Rules, Legally – Bombay HC Upholds General Body Supremacy in Housing Society Resolution
- Mandate of earlier Arbitrator terminated for abandonment of arbitration – Section 11 cannot be used to re-start fresh arbitration at the instance of such a party – Bombay HC
- Manual Scavenging – Comprehensive Order dated 20.10.2023 of the Supreme Court for implementation of two Acts of 1993 and 2013.
- Marine Hull Insurance Policy – Breach of Warranty – Repudiation of claim & Policy Cancellation
- Married in India, Divorced Abroad by Foreign Court
- Maternity Leave – Employee has more than two surviving children
- Maternity Leave – Panel Lawyer of Legal Services Authority
- Maternity Leave – Third child from second marriage – Object is to protect dignity of motherhood
- Maternity Leave & Post-natal childcare leave – Probationer – Maternity Benefits Act – Maharashtra Civil Services (Leave) Rules, 1981 –
- MBBS – Denial of admission for non-payment of five times more fees than regular fees of first year
- MBBS Admission – State of Goa – Physical Residence for 10 years
- MBBS admission – Domicile of Goa – Qualifying examination from another State
- MBBS Admission – Persons with Disability
- MBBS Course – Denial of admission to a student with disability
- MBBS Course – PwD quota – Eligibility of Student disability for admission
- MCX Commercial Suit Dismissed – Bombay HC Imposes costs of Rs.20 Lakhs for Procedural Abuse
- Medi-Claim Policy – Cancer – Ceiling on expenses of injections
- Mediate and not litigate. The future of mediation in India lies in its ability to impact the social change – Excellent guiding article and story on Mediation by distinguished Dr. Balram K Gupta –
- Mediation – Proposed changes in the Rules of the Bombay High Court – Notification dated 13.12.2023 inviting suggestions by 31.1.2024.
- Medical Negligence – SC vindicates Doctors & Treatment
- Medical Negligence – This is a classic case of human fallibility where the doctors tried their best as per their expertise but desired results could not be achieved.
- Medical Re-verification of Disability of Govt. Employees
- Medical Reimbursement – Denial for treatment in OPD for chronic kidney disease – Illegal
- Medical Reimbursement under CGHS for Heart Transplant at the private hospital – Central Govt Pensioner
- Medical Student’s Future is not Fiction : Bombay HC Awards Realistic Accident Compensation
- Mediclaim – Exclusion of expenses for surgery for prolapse disc on the ground that it was not related to trauma but chronic condition
- Membership of Coop Housing Society to legal heir of deceased member – Relinquishment Deed
- Membership of Housing Society – Welfare Fee is Legal Camouflage
- Membership of the Housing Society for Auction Purchaser
- Metaphor and the Law – Information and Insightful Article
- Micro & Small Enterprise – Landmark Arbitration Platform for resolution of disputes
- MIDC Act – acquisition of land & Forest Land
- Milton JV AAward Quashed for Perversity by Bombay HC
- Minor Child – Habeas Corpus Petition of father for custody & repatriation to USA
- Minor mineral – Earth excavated and re-deployed in the same land is not subject to royalty and would not attract wrath of Section 48(7) of the Maharashtra Land Revenue Code, 1966
- Minor Mineral – Royalty and Penalty – Unauthorized excavation of earth for IKEA Store –
- Minority members (less than 10%) of the society have no right to hold up re-development of dilapidated buildings
- Misconduct in passing Land Settlement Order- Quasi Judicial function – Judges Protection Act 1985 –
- Mistake of contractor in giving in bid price – Encashment of bank guarantee
- Mobile Tower – objection of Gram Panchayat
- Mobile Tower – Cancellation of NOC by Gram Panchayat
- MOFA – Deemed Conveyance – Quasi Judicial Authority – Res Judicata
- MOFA Vs Slum Act Vs MHADA land and Slum Scheme
- Moratorium of US Bankruptcy Court not applicable in India
- Moratorium under IBC & Section 27 of the Consumer Protection Act, 1986
- Mortgage of the Bank and sale certificate of mortgaged property in auction shall prevail over order of attachment of the Civil Court
- Motor Accident – Head-on collision of S.T.Bus and Maruti Car – Tribunal held as an “act of God” by applying elimination process of negligence of both drivers
- Motor Accident – Low Vision Vs. Blindness – Claimant MBBS doctor
- Movie Rights Across the Universe: Section 9 Relief in Arbitral Disputes
- MPID Act – Invalidation of Undervalued Asset Sale
- MPID Vs. SARFAESI Acts -Preferential Right to Secured Assets
- MSME Act 2006 – Works Contract – Reference to Arbitration
- MSME Arbitration – Bombay HC Flags Lapses of Fabricated Invoices & Post-dated GST Returns
- MSME Revival Framework & protection against NPA- Not automatic
- MSMED Act – Companies to file return to MCA for non-payment of MSME dues
- MSMED Act – Section 18 – Claim for recovery of loan – Registration for financial activity under the MSMED Act is necessary for Felicitation Council to entertain and decide the claim –
- MSMED Act & IBC – Objection to Arbitral Award in execution petition without challenging it in section 34?
- MSMED Act, 2006 – Arbitral Award – Section 34 Petition – Delay – Section 14 Limitation Act
- NA permission – Condition for use of road for adjacent owners of lands
- National Highways Act – Section 3D – Relevant date for Interest on enhanced compensation
- National Highways Authority Act, 1956 – – Authority passing an order under Section 3(H)(4) has no powers to review such an order – Even consent of the parties to review such order also would not create such review powers
- National Online Quiz on IBC – first of its kind
- National Scholarship Scheme – Students of unaided private schools are ineligible
- Nature of Proceedings before LAAR under Act of 2013
- NBFC asset less than 100 crores is not a secured creditor for SARFAESI Act
- NCDRC – Surveyor Reports Prevails – Insurer directed to pay Rs.1.73 crores to SKS Ispat for breakdown of 25 MVK Turbo Generator Set.
- NCDRC Affirms Housing Society as “Consumer” under the Consumer Protection Act
- NCDRC directed SBI Life Insurance to refund entire premium on surrendered policies with interest
- NCDRC Reaffirmed that Surveyor Report is the backbone of Insurance Claim Settlement – Binding unless rebutted
- NDPS – Bail – Involvement of accused no.2 in view of statement of accused no.1 under Section 67 of NDPS Act. No possession or recovery of contraband from applicant-accused no.2
- New Arbitrator – appointment – If Section 11(5) or Section 14 of AA applies?
- New College – Permission – Maharashtra Pubic Universities Act, 1960 – One of the grounds for grant of new college to Respondent Nos.6 to 8 was that comparatively the petitioner is a new institution – Salutary observations of the High Court for assessment of such proposals
- New Electricity connection to new owner for property purchased in SARFAESI auction – Refusal for non payment outstanding dues of previous owner
- New Law college at a location not covered by the University perspective plan
- New Regulation 3A of IBC Regulations 2016 requiring personnel of Corporate to provide assistance and cooperation to IRP / RP
- NLU Delhi launches Joint Masters in IP Law and Management (msn.com)
- No Consideration, No GST on Corporate Guarantee
- No Guarantee, No Insolvency – Supreme Court Judgment of 6.1.2026.
- No Hearing, No Justice – HC Rebukes Drug Production Ban
- No More Split Multiplier : Apex Court Reinforces Guidelines in Accident Claims
- No Nexus with Offence, No Freezing of Bank Accounts
- No Second Bite in the Cherry – Bombay HC Strikes Down Second Application for Deemed Conveyance After Rejection of Initial Application.
- No Shortcut to Custody – Bombay HC Penalizes Police for Illegal Arrest Bypassing Due Process
- Nomination of mother for Provident Fund and Widow for other retiral benefits of employee
- Nominee Vs. Legal Heir – Section 39 -Insurance Act, 1938 (Amended in 2015)
- Nominee is Receiver, Not Heir – Supreme Court Clarifies GPF Nominee’s rights
- Non-Bidder PILs – Not Maintainable – Amounts to Proxy Litigation.
- Non-solicitation & Non-compete Clause – After resignation
- Not allowing own bags to carry purchased goods from the shop premises and charging Rs.20/- for a carry bag with printed logo amounts to an advertisement, deficiency in service and unfair trade practice.
- Notary has no powers to execute marriage / divorce deeds
- Notice for inquiry sent on whatsapp on the date of retirement
- Novation of Contract – Liablity of guarantors to repay loan – Temporary overdraft – Extension of time to repay without consent of the guarantors – Section 133 of the Contract Act.
- Obligation of Children to ensure that parents senior citizens lead normal life with dignity and security.
- Occupancy Certificate withheld for six years by the CIDCO – Highhanded action
- OCI Card – Rejection of application by FRRO– Citizenship Act, 1955
- Offence – Section 24 of Senior Citizens Act, 2007 – Abandonment of father
- Offence -Mah Non-biodegradable Garbage (Control) Act
- Offence of Section 294 IPC – Obscene acts and songs must be at public place – Dancing Girls wearing short clothes and dancing at Banquet hall of Resort is not public place – Offence is not attracted. FIR quashed.
- Offences – Manufacture of fake garments using Puma label – Copyright Act & Trademarks Act.
- Offences under Section 123 of the Representation of the People Act 1950 and 171-H & 188 of the Indian Penal Code.
- One Building, One Society – Shops Cannot have separate Society without legal division – Rules Bombay HC
- One Combined Tender – Combined for multiple works of 301 schools
- Online Cinema Ticket Booking – Service / Convenience charges
- Online Real Money Games – Restrictions of Time, Monetary Limit, Age Restriction or Aadhar verification
- Open Distance Learning and Online Programs – UGC approval
- Open Plot – Unilateral Deemed Conveyance for society of composite members – (constructed bungalows and open plot holders)
- Order I Rule 10(2) of CPC – Owner is a necessary party to the suit of tenant challenging the notice of Section 53(1) of the MRTP Act – Application of owner to implead in the suit is maintainable.
- Order Refusing Registration under FCRA 2010 Must Give Reasons
- Order under Section 23(3) of Arbitration Act – Whether an interim Award?
- Ordinance X of 2024 – Stringent provisions to maintain sanctity of the forts and monuments
- Organ donation – Consent of donor before death and consent of relative after death – Conflict – Important issue pending adjudication before the Supreme Court
- Organ Donation – No presumption of exploitation if the organ donor comes from disadvantaged class of the society – Refusal of the Committee to give permission – Illegal
- Organisational codes for country-wide institutional litigants for automating electronic services in the judicial process
- Outraging modesty of woman – Quashing of FIR – Unique condition on the petitioner to assist Delhi Traffic Police for 30 days
- Overseas Travel Insurance Policy – Exclusion of expenses incurred on treatment in India
- Paralysis Disability while in service – Section 47 of the Persons with Disabilities Act, 1995
- Parents of deceased “unmarried” employee are eligible for pension – Rule 116(16)(b) of the MCS (Pension) Rules, 1982
- Parents to pursue son’s petition for annulment of marriage after his death
- Parity Doctrine – SC Judgment – Implications for Buyers and Developers
- Partnership Firm & Trust – Money-laundering – Client due diligence
- Passive Euthanasia – A terminally-ill patient in persistent vegetative can execute an Advance Medical Directive or Living Will to refuse medical treatment as the right to live with dignity.
- Passport – Debtors Recovery Tribunal directions for surrender of guarantor’s passport in recovery proceedings – Illegal
- Passport – Minor daughter – Objection of the father on account of matrimonial disputes
- Passport – Refusal to renew in view of pendency of criminal case – Illegal
- Passport – Pendency of case registered under Section 15 of the NDPS Act.
- Passport – Renewal – Condition to hand over passport to CBI
- Passport –Indian citizen minor child of 16 years having custody with mother of a foreign national.
- Pay-scales of AICTE if can be given to the teachers and employees of technical schools governed by the provisions of MEPS Act, 1977 (State Act) & Rules of 1981
- Payment for Suspension of Consultancy Attributable to NHAI
- Payment of Gratuity Act – Applicability to Employees of Heavy Water Plant, Department of Atomic Energy
- Peaceful pamphleteering & banner against the Developer – Criminal defamation
- Pension – Struggle of Hamal of Savitribai Phule Pune University for pension after 30 years of service – Salutary observations of the High Court are “eye opener” for the authorities of Government.
- Pension Cannot Be Withheld for Section 138 NI Act Conviction
- Pepsi Co – Lay’s Potato chips – Cancellation of Registration of Potato variety – Section 34 of the Protection of Plant Varieties and Farmers Rights Act, 2001
- Permanent disablement in accident while on duty – Adjustment of leave salary against compensation under Employees Compensation Act 1923 – Railway Services (Liberalized Leave) Rules, 1949 – Rights of Persons with Disabilities Act, 2016.
- Permission for flatted building on a plot of coop housing soceity – Byelaws or amendment not registered / approved is not valid and enforceable
- Personal Loans Cannot Dilute Duty of Maintenance
- Personal property converted to the Partnership property – becomes property of firm
- Persons with disabilities – Regularisation in service sought to be taken away with retrospective effect
- Persons with Disabilities & Persons with Benchmark Disabilities – distinction for recruitment examinations
- PG Medical Students entitled to incentive marks for Covid duty in government appointments – Decision of the Madras High Court
- Phonepe – Online payment intermediary – accountable for deficiency in service and unfair trade practice
- PIL – Mis-utilization of funds of Rs.98 crores by Agriculture Produce Marketing for construction of 5 star hotel on its land earmarked for market yard
- PIL challenging Govt Policy of procurement for farmers
- PIL for removal of Mobile Towers in PMC, PCMC & PCNTDA
- PIL of journalist against Borivali Thane Twin Tunnel Project
- Pioneering and salutary model draft of Legal Audit Act – essential for certification of contracts and business of establishment
- Piracy – Registered Design of Tranquillity Neck Pillow – Designs Act
- Place of accident Vs Place of filing compensation claim
- PMLA – Sections 3 and 4 Offences – Sufficient Grounds for Proceeding in Section 204 of Immense Importance
- PMLA 2002 & of IBC – Interplay between PMLA attachment of assets of corporator debtor and immunity under Section 32A of IBC once Resolution Plan is approved.
- Police Head Constable – Absence from duty due to transfer – Salary for Non-joining at the place of transfer
- Politics Vs Public Good of Slum Redevelopment
- Pollution – Solid Waste Management -Sustainable Development Fee on Tourists on the lines of Bhutan – Salutary efforts of HP High Court to make Shimla as model town and to make solid waste management sustainable in the State.
- Pollution – Order to close distillery unit – Personal hearing was given at 5 to 5.45 pm of 27.9.2023, on the same day closure order was passed late hours and emailed at 1.38 am on 28.9.2023 –accelerated decision making resulted in several errors and non-consideration of important facts.
- POSH Act & Rules 2013 – Implementation – Supreme Court issued various salutary directions for implementation under various seven heads by the Supreme Court –
- Post on Social Media – merely “liking” another person’s post will not amount “to publishing or transmitting the post” and is not a crime covered by Section 67 of the Information Technology Act, 2008.
- Power Distribution Licensee – Imposition of Reliability Charge
- PPF – Three accounts (one of major & two of minor) – Ceiling
- Prayer of NRI to appear before EOW through Video Conference for statement in MPID case
- Pre-arrest bail to accused Police Officer – Presumptions and considerations applied to a lay person may not carry same weight while dealing with Police Officer who is alleged to have abused his office and duty.
- Pre-litigation dispute settlement – Mediation
- Prevention of Corruption Act – Licensed Stamp Vendor – Demand of excess Rs.2/- for Rs.10/- Stamp paper.
- Prevention of Corruption Act, 1988 – exoneration of the accused in the income tax case cannot absolve under PC Act – Important Judgment of the Supreme Court.
- Primary school record – Corrections of change of caste and date of birth – Rejection of request since the student had left the primary school – Regulation 26.3 of the Maharashtra Secondary School Record permits only corrections of “obvious mistakes” –
- Primary Teachers – How to ensure attendance in the school – Use of Technology
- Principles of Natural Justice – Intricate inquiry procedure may result counterproductive – School is unable to punish an employee who has committed gross misconduct of sexually assaulting minor girl.
- Probation – Continuation for 6 years without confirmation shocks judicial conscience –
- Probationer – Deemed Confirmation – Termination – Stigmatic
- Profit-oriented purchase of software is not covered by the Consumer Protection Act.
- Profits from Broker’s Mistake belong to the Trader – Rules Bombay HC
- Profits or gains from foreign currency fluctuations cannot be treated as export income for deduction under Section 80HHHC of IT Act, 1960.
- Prominent changes in Sec.175 BNSS in comparison to Section 156 Cr PC
- Promoters Cannot Obstruct or Object Deemed Conveyance of Housing Society -Bombay HC
- Promotion – Sealed Cover Procedure – Deemed Date
- Promotion to the Post of Law Officer of Municipal Corporation of Greater Mumbai – Petitioner although senior Deputy Law Officer was denied promotion
- Property Tax – Liability of previous owner cannot be saddled on new owner of the property
- Protection of NSE from Online Impersonation
- Public employment – Selection and appointment – Non-disclosure of criminal case and acquittal in the affidavit given after selection – Effect –
- Public Place & Private Use – SC clarifies vehicle tax exemption
- Public Prosecutor – Mah.Govt.Servant Marathi Language Examination Rules 1987 – Increment given even without passing the examination in stipulated period – Legality of action for its recovery at fag end of retirement
- Public Trust registered under the Maharashtra Public Trusts Act, 1950, receiving State grant and running educational institution – Whether “Public Authority amenable to Right to Information Act, 2005.
- PUMA shoes – infringement and sale of counterfeit shoes by Agra Shop Keeper – Injunction, damages of Rs.10 lakhs and costs of Rs.2 lakhs granted by Delhi High Court.
- Pune City – Important questions raised in PIL are pending consideration of the Bombay High Court to save Pune City from the builders and eliminate the problems of traffic, garbage, drinking water, etc.
- Pune Court – Joint Assets Cannot Shield Husband from maintenance and enhancement
- Pune Court – Maintenance Not Charity, it is a Legal Right tied to the means and lifestyle of husband working in MNC
- Pune University Registrar’s Appointment Challenge Dismissed
- Purchase order and invoice between plaintiff and defendant did not contain arbitration clause. The arbitration clause between the defendant and other companies is not applicable. Section 8 of the AA cannot be invoked.
- Quashing of Criminal Case – Prevention of Corruption Act & IPC – Sanction to prosecute After Retirement
- Quashing of FIR for offences under Sections 186 and 353 IPC
- Quashing of FIR on settlement between the complainant & accused – Condition to plant 50 samplings OR to pay Rs.25,000 to the Delhi State Legal Services Authority
- Quasi-judicial Caste Scrutiny Committee – No powers of review caste validity certificate – Tribe Certificates given in 1992 to 2005 and validated in 2005, 2011 and 2012 were reviewed and invalidated in 2022 – Illegal
- Railway – Prosecution of male passengers travelling in female compartment
- Railways – Freight Charges – Difference between Overcharge against Illegal Charge – Refund of Freight charges on account of change in policy and revision of distance table – Section 106(3) of the Railways Act, 1989
- Rajasthan RERA – Subsequent Security Interests of Lenders of Promoters Are Subordinate to the Allottees Rights & Prior Sale Agreement under Section 11(h) of the RERA Act.
- RBI Directions of 26.9.2025 – Streamlining Succession
- Re-development of society building – Right of Senior Citizens to shelter – Petitioner senior citizen is roofless for last 4 years at an old age and cannot be left to suffer on any delayed or impossible re-development.
- Recovery of Housing Society’s Dues – Registrar’s Duty is Not Optional
- Recruitment – Online Option for consideration from female category- Care to be taken by the candidate – Bombay High Court
- Redevelopment – Hurdle of objecting two members – Interim relief to solve stand-off
- Redevelopment – Plight of Tenants – Coercive demand of property tax for failure of Developer to obtain OC
- Redevelopment – Tenants obstruction to demolition of 100 years old building
- Redevelopment – Third party flat purchasers from developer have no privity of contract with housing society, its property and redevelopment
- Redevelopment – Developer & IBC – Classic impasse for permission – Society dilapidated building
- Redevelopment – Garage tenants in Housing Society
- Redevelopment – NOC of the Bank for the mortgaged flat – Unique order of the High Court of Bombay to balance competing equities
- Redevelopment – Refusal of further permission only because the public road is less than 9 mts –Does it mean that the owner should on his own widen the public road to minimum width of 9 meters. Interesting case and facts as to how the authorities think and act against the public interest in redevelopment.
- Redevelopment – Slum Area – Eviction of Slum Dwellers
- Redevelopment – Tenancy Rights – Garages in Housing Society
- Redevelopment – Termination of appointment of Developer – Interim Injunction
- Redevelopment – Transit Rent paid by the Developer / Builder is not liable to TDS – Section 194(I) of the Income Tax Act, 1961
- Redevelopment & new Developer – NOC of earlier Developer
- Redevelopment approved by majority members – Dispute between legal heirs of only one deceased member in the Civil Court – Salutary and innovative order of Cooperative Appellate Court to pave way for redevelopment
- Redevelopment Dispute – Termination – New Developer & Injunction
- Redevelopment Flat Possession Date & Capital Gains Taxable Year
- Redevelopment of 11.20 acres land in Sion Koliwada, Mumbai by MHADA through Tender
- Redevelopment of Chandan Cinema in Juhu in the vicinity of defence establishment – Notification of 19.7.1976 – Works of Defence Act
- Redevelopment, Eviction & Transit Rent – Dispute of family members
- Reference by the Civil Court to Arbitration – Allegations of fraud & false documents
- Reference of Dispute by Insured to Arbitration after full and final discharge voucher
- Refiling of Section 34 petition after removal of defects is Fresh Institution
- Refund of unutilized ITC of GST on business closure – Important judgment
- Refund of unutilized ITC of zero rated supplies (Exports) of goods & services.
- Registered Post Vs Receipt – Section 138 NI Act Notice – Limits of Section 27 GC Act presumption
- Rejection of Technical bids of Tenders for Navi Mumbai Airport Infrastructure Works – Illegal
- Remedy against appellate order of National Consumer Commission
- Remedy for Legal Heir to challenge Arbitral Award
- Removal from Service for absenteeism – Whether entitled to Compassionate allowance
- Rent as per Ready Reckoner – Renewal of Lease of Government land
- Report of Cooperative Authorised Officer replaced before its submission is invalid- Bombay High Court
- Report on Road Accidents of 2022 – seven key takeaways of the Report and the statistics are “eye opener” for all of us
- Repudiation of Claim -Treatment of cancer – Suppression of material facts and daily alcohol drinking
- Repudiation of claim of Rs. 5 crores on the ground of concealment of material facts – Earlier insurance history information was concealed and date of birth (14.10.1960) given in the form did not tally with the birth certificate of 1961 is Illegal.
- Repudiation of insurance claim for fire accident is illegal on three grounds as held by the National Consumer Commission
- Repudiation of Insurance Claim on the ground that the loss was outside policy
- RERA – Joint Liability of the Promoters even if home buyer had paid amounts to one of the promoters – Order of the MahaRERA Appellate Tribunal for refund by both the promoters – Legality
- RERA – Goa – Appointment of Member in Breach of recommendations of the Selection Committee
- RERA Act – Home Buyers – No bar to claim Interest claimed after taking possession of the flat – Relief to the home buyers
- RERA Act 2016 – Obligation of the promoter to deposit of amount awarded by the MahaRERA in the Appellate Tribunal – Mandate of proviso to Section 43(5) to entertain appeal of the promoter
- RERA cannot re-write contract – Flat delivery date
- Resignation – forceful or not out of free will – consideration and requirements of essential ingredients – Supreme Court of India
- Resignation – Legality of rejection of request for withdrawal of prospective resignation – Principle of vinculum juris that relationship of employer and employee continues during resignation notice period.
- Retail Trade outside purview of Section 7 of MSME Act 2006
- Retirement – Inquiry initiated after ten years & withholding of retirement benefits
- Retirement Homes for Senior Citizens – MahaRERA Draft Regulations of 2.2.2024 – Important salient features of Regulations on safety and security
- Return of stolen property to the complainant during investigation or trial – Salutary guidelines
- Revocation of Building Permission obtained by fraud
- Right of owner to redevelop property Vs insistence of tenant(s) for “repairs”
- Right to Privacy & Right to be forgotten Vs. Freedom of Press
- Rights of Persons with Disabilities Act– Transfer of differently-abled employee
- Rights of Persons with Disabilities Act, 2016 – 90% Hearing impairment of the petitioner -No reservation in Recruitment in the Madras High Court – Non-Selection of Sanitary Worker
- RTI – Disclosure of Marks at the recruitment – Transparency
- RTI – Disclosure of Third-Party Information given to SEBI
- RTI Act – Disciplinary Inquiry against First Appellate Authority
- Rule 10 Prevails – Bombay HC Clarifies Five-Year Limit on Extension for Mining Auction Letter of Intent
- Rule 3A of the BHC Appellate Side Rules, 1960 – Jurisdiction of the Kolhapur Circuit Bench
- Rule 86A of the CGST Rules – State Tax Officer has powers to block input tax credit – Sections 5 and 6 of CGST Act and MGST Act
- Rules 32 and 81 of the CMV Rules, 1989 – Additional fees for delay in renewal of driving licence, registration certificate, delay in giving NOC – Constitutional validity –
- Sale of Trust Property – Three Classic requirements
- Sales Tax dues of an proprietor – Attachment of jointly owned flat
- Salt – Substandard – Penalty under FSSI Act, 2006
- Salt – Substandard – Penalty under FSSI Act, 2006
- Salutary PIL – Public Interest Litigation for disclosure of unauthorised construction at the time of contesting elections to local authorities
- Sanction – Public Servant – Prevention of Corruption Act, 1988 – Sanctioning authority granted sanction at the dictum and opinion of the Law Department – Illegal
- Sandmining impact on Environment –Supreme Court Judgment
- Saptpadi – Marriage is solemnized, becomes complete and binding when seventh step is taken – Interesting facts unfolded in SC Order –Sections 7 and 8 of Hindu Marriage Act –
- SARFAESI – Refusal of District Magistrate to execute order for possession of secured assets only on the objection of Third Party – Illegal
- SARFAESI Act – Auction Sale – Interim stay by Consumer Forum
- SARFAESI Act & MVAT Act – Ranking of priority and first charge on secured – Conflict of Section 37 of MVAT Act with Section 26E of SARFAESI Act.
- SARFAESI Auction Sale Vs. Automatic Housing Society Membership – Bombay HC
- SARFAESI Auction Sale Vs. Automatic Housing Society Membership – Bombay HC
- SARFAESI Sale Vs. Automatic Society Membership – Bombay HC Protects Society Dues
- SC – Highest Sale Exemplar must guide land compensation
- SC – Landowners not jointly liable with the Developer for construction delay or possession or deficiency in service
- SC – Legal Aid Must Be Timely, Accountable & Digital
- SC – Legal Metrology Search Must Follow Cr PC for search
- SC – Liability of Driver and Bus taken for election duty – Accident Compensation
- SC – Pay-reduction penalty permissible and enforceable after retirement of Bank employee, as per service regulations.
- SC – Procedure is handmaiden of justice, not its mistress
- SC – Section 13(1A) of the Commercial Courts Act
- SC – Section 21 Arbitration is directory, Not Mandatory
- SC – Section 4A(3)(b) of the Employees Compensation Act – Penalty on Insurer
- SC -Technical Bid – disqualification must be based on clear grounds
- SC – 65 Days of Marriage, 10 Years of Litigation – Mediation is the Noble Path
- SC – Consumer – Leasing a residential flat not commercial purpose – Consumer Rights of Home Buyer restored
- SC – Conviction of 1994 under Essential Commodity Act Quashed – Cement Control Act Inapplicable Post-1989.
- SC – Disability Pension to Ex-Servicemen is a recognition of sacrifice and right to arrears cannot be diminished by limitation law
- SC – IBC Proceedings Are Bipartite – Bars Society from Intervening At Admission Stage
- SC – Once Debt and Default are established, admission of Section 7 IBC Petition is mandatory.
- SC – Private Doctors Requisitioned in Covid-19 Entitled to Rs.50 lakhs PMGKY Insurance
- SC – Purchaser of property after an arbitral award and during its execution being a transferee pendente lite cannot resist execution of award.
- SC – SAIL Gratuity Rules – retired employees cannot retain quarters and simultaneously claim gratuity with interest
- SC – Section 202 Cr PC Inquiry Not Mandatory Complaint is by a Public Servant – Drugs Inspector in discharge of official duties under the Drugs Act and the Rules
- SC – Society Cannot Arbitrarily Defeat Membership
- SC Bars Retrospective Change of Recruitment Rules after Written Examination
- SC Cautioned Insurers against denying claims based on speculative or irrelevant technicalities.
- SC Clarified that Section 15(2)(3) and (4) must be read together; substitution of arbitrator preserves continuity and prior proceedings remain valid.
- SC Clarifies – Exoneration in Departmental Inquiry No Bar to Criminal Trial
- SC Clarifies – Section 138 NI Act Tied to Payee’s Bank Branch
- SC Clarifies – Who counts as Party for Delivery of Arbitral Award?
- SC Clarifies – AICTE Career Advancement Regulations Do Not Govern State Recruitment of Professors in State Government Engineering Colleges
- SC Clarifies – Trustee Alone Liable in Cheque Bounce Case, Not the Trust
- SC Clarifies Consumer Status of Corporate Body in FDR Fraud Disputes – Upholds NCDRC’s dismissal of consumer complaint
- SC Clarifies Distinction Between Filing Vs. Registration under NCLT Rules – Refilled Amended Petition of Homebuyers Maintainable
- SC Clarifies on SEZ Framework and Customs Duty – Adani Power Judgment of 5.1.2026.
- SC Clarifies Scope of Pre-Existing Dispute for Section 9 IBC
- SC Clarifies Section 29A – Award passed after expiry of Mandate is unenforceable but not void
- SC Clarifies Section 59(2) of the Factories Act – Overtime includes HRA, TA and Other Allowances.
- SC Clarifies Section 9A of Stamp Act – Society Registration is Conclusive Proof for exemption
- SC Cuts NCDRC’s Award of Rs.2 crores for faulty hair cut at ITC Beauty Salon, for lack of evidence
- SC Defines Boundaries -Mobility from Reserved to General category
- SC Discourages post-award enforcement litigation
- SC Enhances Compensation for Parents of 14-year-old Accident Victim
- SC for secure, tamper-proof technologies like Blockchain-based Digitzation of Property Documents and Land Records
- SC Judgment of 269 pages Brings Clarity on Termination of Arbitral Proceedings
- SC Judgment of 3.2.2026 – Enforcement of Arbitration Agreement Begins with its Authenticity
- SC Judgment of 5.1.2026 – Neutrality in Arbitration Reinforced
- SC Landmark Judgment on IBC – IP Interface on title to the trademark of the corporate debtor
- SC Landmark Reaffirmation of Sanctity of Registered documents to educe frivolous litigation over Sale Deeds
- SC Landmark Ruling on Medical Negligence, Hospital Accountability, Patient’s Rights to Compensation and Jurisdiction of Medical Council
- SC Mandates Disclosure of Pending Litigation in Auction Notice
- SC observations on Arbitral Process need consideration
- SC on Arbitral Award with 24% interest as per loan agreements – Valid
- SC on grant of Bail – Cheating and Breach of Trust involving Rs.11.52 crores – Criminal Antecedents & Long Abscondence of accused
- SC on Letter of Intent, Legal Character, Rights of Parties
- SC on Negligence – Accident between Trailer & Truck and safe distance under the Rules of the Road Regulations, 1989
- SC on Policy Coverage of “FFF”
- SC on Section 5A of the Bombay Electricity Duty Act, 1958 – Withdrawal of Exemption to captive power generators – doctrine of promissory estoppel and legitimate expectation
- SC on Section 64 MSC Societies Act & IBC – Eligibility of Cooperative Society for Resolution Plan
- SC on threshold limit of 100 allottees – second proviso to section 7(1) of IBC on the date of Insolvency Petition
- SC Protects Theatre Rights Against Distributor Cartels – No More Ban
- SC Quashes Arbitrary Bid Rejection to ensure Fair Play in Public Tenders
- SC Reaffirms Burden of Proof on Involvement of Offending Vehicle in Accident Compensation Claims
- SC Reaffirms Limits of Property Title – GPA & Agreement to Sell
- SC Reimagined Cheque Bounce Cases
- SC Reimagined Compensation in Functional Vs. Medical Disability
- SC Reinforced that consumer protection overrides restrictive builder-buyer one-sided, unreasonable clauses in standard form of the contract.
- SC Reiterated the Commercial Wisdom of CoC – Courts cannot interfere with approved Resolution Plan except on limited grounds under Sections 30(2) and 61(3) of IBC.
- SC Rejected Cess Deduction belated at Exeution Stage of Arbitral Award without statutory backing
- SC Rules of the game cannot be changed once the game has begun – MBBS Admission
- SC Says Affidavit Error Cannot Defeat Section 7 IBC Petition
- SC Says that the Employers Cannot Haunt Retirees Without Statutory Authority and Powers
- SC Signals Zero Tolerance – Exemplary Costs for Illegal Allotment of HUDA Deluxe Flats to Reinforce Accountability in Administrative Actions
- SC Strengthens Rule of Law in Passport Renewal Cases
- SC Upheld Collective Insolvency Petition of Home Buyers Against Multiple Developers
- SC Upholds Diploma Holder’s Eligibility for Pharmacist Posts – Statutory Recognition Prevails
- SC Upholds Home Buyers Rights – IBC Resolution Plan
- SC Upholds Landowner’s Preferential Right in Slum Redevelopment
- SC upholds pendente lite interest despite contractual bar
- SC upholds preferential right of landowner to slum redevelopment
- Scholarship to the Scheduled Caste students – direct transfer to their accounts instead of earlier transfer to the accounts of private institutions – Legality of change in Govt policy from 2021
- School Transfer Certificate – Retention for non-payment of school fees –
- School Tribunal – Maintainability of Appeal against Grant of Higher Scale of Trained Teacher – Section 9 of MEPS Act
- SCNotice of Tender Must be Clear and Unambiguous –
- Sealing of office for investigation and search – Powers of Customs – Section 105 of the Customs Act 1962
- SEBI – Interim Impounding Order dated 5.4.2024 – first of its kind to protect securities market and the investors
- SEBI’s recent adoption of ODR and SBI Complaint Redressal System
- Section 91(1)(b) of the Code of Civil Procedure, 1908 – pre-requisites for Leave to institute a suit in public interest
- Section 10 of MAOA & Deed of Declaration – Maintenance Charges
- Section 10(46) of Income Tax Act, 1961 – If NOIDA entitled to exemption
- Section 109 of IPC & Prevention of Corruption Act, 1988- Housewife made co-accused only because assets were purchased by husband in her name.
- Section 11 – Appointment of Arbitrator – Disputes of Partnership
- Section 11 Application – Even Delay of 15 days is fatal
- Section 11 of Arbitration Act – Place of Arbitration – Delivery challans Vs. Purchase order –
- Section 11 of MOFA – Unilateral Deemed Conveyance – Whether it can be made subject to the right of way to the adjoining plot?
- Section 11 of MOFA – Deemed Conveyance – Postponement till formation of Apex Body of Societies
- Section 11 of MOFA – Deemed Conveyance – Powers of Competent Authority – SC Judgment
- Section 11 of MOFA Act, 1963 – Deemed Conveyance as per terms of Agreement
- Section 11 of the Arbitration Act – Reference – Limitation – Third Party
- Section 11 of the Arbitration Act – Section 18 of MSMED Act
- Section 11(6) of AA – Powers of Referral Court to decide Arbitrability of Disputes
- Section 11(6) of AA – Exclusion of time taken for settlement from limitation
- Section 11(6) of the Arbitration Act – Limitation for application
- Section 12 of the DV Act – Widow has right to reside in the shared household & matrimonial home
- Section 125 Cr PC – Interest on Maintenance & Arrears
- Section 125 Cr PC – Maintenance to a woman who is not legally wedded wife but living with a person as wife and husband for long period – Madhya Pradesh High Court
- Section 12A -Commercial Courts Act – Legal notice for mediation
- Section 13 of the Commercial Courts Act, 2015 – Powers to condone delay
- Section 13(2) of Slum Act – Termination of Developer after 31 years
- Section 13(8) of SARFAESI Act – Right to Redemption of Mortgage & Rights of Auction Purchaser
- Section 133 of Cr PC – Stone crushing plants near Atul Setu
- Section 133 of the Cr PC – Locus standi of Private Lawyer to appear for complainant
- Section 135, 138 and 151 of the Electricity Act, 2003 – Offences could not be invested by the police and no cognizance can be taken on the charge-sheet filed by the police officer.
- Section 138 of NI Act – Cheque of Foreign Bank payable in UAE currency – Transaction in UAE – Cheque presented in the ICICI Bank in India, dis-honoured and complaint filed in Court in India –
- Section 138 of NI Act against Independent / Non-executive Directors, CFO
- Section 138 of the NI Act – Liability of Accused who ceased to be Partner
- Section 138 of the NI Act – Liability of Accused who ceased to be Partner
- Section 14 – Notaries Act – Recognition of PoA by foreign notary in India
- Section 14(1)(a) – Arbitration Act – Termination of mandate of Arbitrator
- Section 14(2) – Bias – Visit of the Arbitrator to the Stamp Office
- Section 141 of NI Act – Vicarious liability of Directors for dishonour cheque of the Company
- Section 143-A – NI Act – Interim Compensation – Liability of Directors for Company Cheque
- Section 144 CPC – Powers of Restitution
- Section 148 -NI Act – 20% payment pending appeal against conviction
- Section 148 of Income Tax Act – re-assessment notice to the non-existing company
- Section 148 of NI Act – suspension of sentence – authorised signatory of company cheque
- Section 154B-13 of the MC Societies Act – Mandatory Duty of the Housing Society to transfer shares and admit nominated person as Member
- Section 154B-29 of Mah.Coop Societies Act – Recovery Certificate – Parking charges / Penalty
- Section 154B-29 of the Maharashtra Cooperative Societies Act, 1960 – Certificate for recovery of maintenance against legal representatives – Maintainable
- Section 16 higher Interest of MSMED Act applies even in adhoc arbitration
- Section 16 order & Interim Award for Section 34 AA petition
- Section 17 – Arbitration Act – Interim relief for FDR of claim amount
- Section 17 AA Interim relief Not Automatic in Redevelopment Arbitration
- Section 17 PWDV Act – After divorce, no right to shelter
- Section 17(2)(vi) of the Registrar Act – Compromise in divorce petition
- Section 18 of MSMED Act – Council has powers to decide question of its jurisdiction
- Section 18 of MSMED Act – Whether registration is necessary pre-condition to refer dispute to the Facilitation Council?
- Section 18 of RERA – Can home buyer withdraw from the project after OC
- Section 18 of the MC Societies Act – Division of Societies
- Section 18 of the SARFAESI Act is mandatory for appeals to DRAT, irrespective of whether the order challenged is final or procedural.
- Section 19 of MSM Enterprises Development Act, 2006 –
- Section 19(3) AA – Powers of Arbitrator to allow withdrawal of a claim to file a fresh claim.
- Section 199A of the Motor Vehicles Act & Offence by Juvenile created is sui generis.
- Section 206(4) of the Companies Act, 2013 – Essential ingredients
- Section 217 Companies Act & Criminal Prosecution
- Section 21A of MCS Act – Purchasers – No locus standi to challenge registration
- Section 22(2) of MC Societies Act – Membership of Housing Society on the basis of Purchase of Basement & Parking Area
- Section 22D of Legal Services Authority Act – Right to Cross-examination
- Section 23 – Registration Act – Limitation
- Section 24 of CPC – Transfer of Section 12 PWDV Act application to the Family Court
- Section 25 of the Hindu Succession Act – disqualification – dowry death
- Section 27 of the Contract Act – Termination of contract – Interim Injunction in Section 9 AA petition
- Section 28 of the MCS Act – Purchase of Five Bungalows by the Company in the Housing Society
- Section 28A of the Land Acquisition Act, 1894 – Maintainability of Application for re-determination of compensation
- Section 29-A(4) of Arbitration Act – Which Court has powers to extend time limit
- Section 29A does not provide extension of mandate of Arbitrator after the award is passed
- Section 29A of the Arbitration Act – Jurisdiction of the High Court
- Section 3-D of the National Highways Act, 1956 and Extinguishment of Leasehold Rights
- Section 3(k) of the Patent Act – Software or computer program
- Section 304A IPC & Section 92 of Factories Act, 1948 – Section 26 of General Clauses Act
- Section 31(6) AA – Interim Arbitral Award based on Minutes of Meetings & Invoices
- Section 31D of the Copyright Act – What it permits and What it prohibits – interesting dispute between Tips and Wyank
- Section 33 – Arbitration Act – time line – Clarification Order
- Section 33 Review Application and Delay in filing section 34 petition
- Section 33(1) of the Copyright Act, 1957 does not curtail power of owner to grant any interest in the copyright by license under Section 30 – Status of Copyright Society and the Owner in the scheme of Copyright Act
- Section 34 Court – Obligation to consider the grounds and record findings
- Section 34 Petition – Interplay of Limitation and Section 12 of the Limitation Act
- Section 34 petition -Order under Sec.32(2)(c) of Arbitration Act – Maintainability
- Section 34(4) of AA -Application for remand to the Arbitrator to eliminate grounds of challenge to the arbitral award on certain issues –
- Section 353 of IPC – Offence against Advocates for interfering in CBI search of client’s office
- Section 357-A Cr PC – Victim Compensation Scheme – Minor children of victim wife – Husband poured kerosene on the wife for not giving money for liquor and caused her death
- Section 36 of the Maharashtra Public Trusts Act, 1950 – Salutary provisions – Sale of the Trust Property – Powers and Duty of the Charity Commissioner
- Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950 – Extension of time for sale deed
- Section 36(3) of the AA – Unconditional stay to the Arbitral Award for money – Illegal – Conjoint application of Section 36(3) and Order 41 Rules 5(1) & 5(3) of the CPC
- Section 39(7) of Insurance Act – If overrides succession law
- Section 4 – Residence Order – Right of senior citizen to live in peace and without obstruction
- Section 42 of the Arbitration Act – Interplay of two clauses on jurisdiction and seat of arbitration
- Section 438 of the Cr PC – Maintainability of Anticipatory bail application of an accused who is already arrested and in custody in another crime
- Section 439 – Cr PC – A person is deemed to be in custody after the police had held him.
- Section 46 of MRTP Act – NOC of Defence Establishment for development within its vicinity – Validity of Circulars – Works of Defence Act 1903.
- Section 47 of the Registration Act, 1908 – Time from which registered document operates – Whether sale takes effect from the date of execution or date of registration
- Section 48 of the Maharashtra Stamp Act, 1958 – Application for refund of stamp duty of cancelled agreement of sale was rejected since it was not done within a period of five months
- Section 482 – Cr PC – Second petition on the grounds available at the time of filing first petition but not raised in the first petition, is not maintainable
- Section 482 of the Cr PC – Maintainability of Applications for quashing of proceedings under Section 12 of the DV Act 2005
- Section 48A of the Maharashtra Stamp Act – Limitation for refund starts from the date of execution of cancellation deed
- Section 48A of the Maharashtra Stamp Act – No express powers to review earlier order of refund of stamp duty
- Section 48A of the Maharashtra Stamp Act – Refund of stamp duty wrongly retained – Interest granted
- Section 5(2) of the Indian Telegraphs Act, 1998 – Interception of telephonic messages of public servant
- Section 50 BPTA – Consent of Charity Commissioner for Civil Suit of Trustees
- Section 51(5) of MV Act – Requirement of Financer approaching RTA can be dispensed with
- Section 52 of the Transfer of Property Act – Lis Pendens starts with the “institution” of proceedings
- Section 53A – Maharashtra Stamp Act – Order passed after six years
- Section 55 of the Maharashtra Rent Control Act – Effect of non-registration of lease agreement
- Section 55(5) of the Motor Vehicles Act – Cancellation of Imported Car Registration Certificate
- Section 56 – Maharashtra Police Act – Externment for offences other than IPC
- Section 56(2)(x) of the Income Tax Act – Redevelopment – New Flat in lieu of old flat – Tax liability
- Section 63 of Bombay Tenancy Act, 1948 – Penalty & resumption of land
- Section 64VB of the Insurance Act Clarified – Insurer Bound to Honour Policy Once Premium for Renewal received
- Section 7 of IBC – Interplay of Sections 5 & 18 of the Limitation Act for counting period of limitation.
- Section 7(1)(ii) read with Section 3(2)(c) and 4(1A)(a)(i) of MOFA.
- Section 70 CGST Act – No Need to issue 7 days’ Notice for summons
- Section 8 AA Reference Rejection Set Aside : Bombay HC Reaffirms Pro-Arbitration Approach
- Section 8 of AA – If arbitration agreement is brought to the notice of Commercial Court in written statement, it is sufficient compliance and its jurisdiction perishes even in the absence of formal separate application.
- Section 80P of Income Tax Act 1961 – Deduction – Cooperative Society for profits arising out of credit given to its members
- Section 9 – Interim relief of status quo on transfer of shares pending Arbitration in Singapore
- Section 9 -Arbitration Act – Court has wide powers to grant wide range of interim measures
- Section 9 AA – Interim relief for gag order on distributing from making disparaging statements
- Section 9 AA Petition of 90 years old USA resident for interim measures
- Section 9 Arbitration Act & Section 52 of TP Act – Lis Pendense purchase
- Section 9 Not Extinguished by filing of Part II Foreign Arbitral Award Recognition Petition – 2026 Important Ruling of Bombay HC
- Section 9 of AA application for interim measures is maintainable even if there is legal deficiency of insufficiently stamped or unstamped Arbitration Agreement
- Section 9 of the AA – Interim Injunction – Interpretation of deed of copyright transfer – whether for remake only or also for sequel
- Section 9 of the Arbitration Act – Application to foreign seated arbitrations
- Section 9 of the Arbitration Act – Territorial Incompetence
- Section 9 Petition – Interim relief – SIAC Foreign Award – Section 37 appeal
- Section 9 petition of sub-contractor against contractor
- Section 9 Petitions – Interim Relief – Access to the amenities in Lodha Worli
- Section 9(3) of the AA is not absolute bar – Application for interim measures against third party even after appointment of Arbitrator under Section 11 between the parties is maintainable
- Section 96 of IBC – Interim moratorium commences only after application is given regular case number by NCLT
- Section 96(b) of the Cantonment Act 2006 – Constitutional Validity – Pre-deposit of Property Tax
- Sections 13 & 13(1A) of the Commercial Courts Act – Whether Executing Court is a Commercial Court –
- Sections 138 & 141 of NI Act & IBC – Cheques after liquidation
- Sections 139 and 141 of the MC Societies Act – Discharge of Surety from Loan Liability
- Sections 14 and 29A(6) of the Arbitration Act – Extension of mandate of the Arbitrator and Substitution of the Arbitrator –
- Sections 17 and 18 of MSMED Act 2006 – Principles of Limitation are applicable to the claims for “amount due” and if Claims are stale / dead, they cannot be entertained – Full Bench Judgment of the Bombay High Court
- Sections 17 and 37(2)(b) of AA – Legality of Arbitrator order refusing interim relief since Term Sheet is not a concluded contract.
- Sections 2(1)(e) and 29A(4) and (5) of the Arbitration Act, 1996 – Interpretation of “Court” – Extension of time to make award in a case where Arbitrator is appointed by Party
- Sections 21, 11 and 16 – Arbitration Act – Bar to impleadment of parties in the Statement of Claim
- Sections 25, 26 and 44 – Water Pollution Act 1974 – Conviction and Sentence -Vicarious Liability
- Sections 26 and 27 of the Arbitration Act – Appointment of Advocate Commissioner for inspection of property to assess market value pending arbitration application under Sec.3G(5) of NH Act 1956
- Sections 28, 108, 112(a), 112(b), 113A, 129A and 138B of the Customs Act – Order for confiscation, recovery of duty for concealed goods, interest and personal penalty
- Sections 32A and 33(5) of IBC overrides Sections 5 & 8 of PMLA & – Attachment of auctioned property under liquidation under PMLA is illegal
- Sections 33 & 38 of the Maharashtra Slums Act, 1971
- Sections 34 -Arbitration Act – scope of interference with Award
- Sections 394 & 471of the Mumbai Municipal Corporations Act, 1988
- Sections 41 and 52 of TP Act 1882 – Protection of Bona fide Purchaser and Doctrine of Lis Pendens
- Sections 420, 468 & 471 IPC and Section 12(b) of the Passports Act 1957 – Allegations of father about his forged signatures by wife on the application aimed at obtaining the minor’s child passport.
- Sections 50(2) proviso & 25 of the Land Acquisition Act, 1894 – Acquisition of the open land for recreational ground under Section 126(1)(b) of MRTP Act, 1966 – Writ Petition of Local Authority challenging Award
- Sections 52 and 53 of MRTP Act – Tenant cannot challenge notice of Municipal Corporation
- Sections 6, 9, 154B-2(4) and 154B-1(8).of MC Societies Act and Section 10 of MOFA.
- Sections 77A & 154B-19 of MC Societies Act & GR dated 3.1.2024
- Sections 9 and 11 of the Arbitration Act & SARFAESI Act – Arbitrator OR DR Tribunal – Petitioner is non-banking financial institution giving loans for purchase of vehicles.
- Secured Creditors – Priority over the assets attached PMLA and MPID Act – SARAESI Act, 2002
- Security Guard at Safdarjung Hospital during Covid-19 lost his life Compensation -PM Garib Kalyan Package – Insurance for workers fighting Covind-19”
- Selection for Police Constable – Reserved Category – Shown as failed for difference in date of birth shown in the application and the school mark sheet.
- Senior Citizen – removal from her own flat – High Court ordered restoration
- Senior Citizens – Prayer of parents against son & daughter-in-law for eviction
- Senior Citizens Act – Eviction Order without any claim for maintenance or allegations of harassment or cruelty.
- Senior Citizens Act – Maintenance of parents does not depend on property given to the children.
- Senior Citizens Act 2007 – Section 23 – Cancellation of Gift Deed – Consideration of ownership of property is important – Condition of gift for maintenance can be proved by pleadings and evidence
- Senior Citizens Act 2007 & Domestic Violence Act 2005 – Interplay of Rights senior citizens to secure their house and a woman to shared household in matrimonial home.
- Senior Citizens Act, 2007 – Annulment of Deeds of Property Gift to the son for denial of basic amenities to the mother
- Senior Citizens Act, 2007 – Petitioners, aged 91 & 84 years approached High Court for directions to the Senior Citizens Appellate Tribunal (Collector) for expeditious disposal of their appeal
- Senior Citizens Act, 2007 – Section 23 – Maintenance Tribunal is not a civil court and has no powers to declare a registered gift deed as fraudulently executed
- Senior Citizens Act, 2007- Maximum limit of Rs.10,000/- maintenance under Section 9(2) is applicable to each senior citizen and not qua all the senior citizens in the family and each child or relative.
- Senior Citizens and Parents – Protection and Maintenance – Order directing the son to vacate the flat and pay maintenance of Rs.5000 per month to the parents – Police aid for Implementation.
- Seniority of Secondary School Teachers – Category C of Schedule F of the MEPS Rules 1981
- Service Jurisprudence – Importance of clean acquittal for appointment in police service
- Service of ITAT Order on CA – HC on limits of CA representation
- Service of Notice through Whatsapp or other electronic modes– Section 41-A Cr PC (Section 35 of BNSS 2023).
- Service Tax for land owner’s share under “construction of residential complex services”
- Service Tax on Legal Services by an Advocate or a partnership firm of Advocates – Exemption – Notification No.25/2021 dated 20.6.2012 – Powers and Jurisdiction of the Designated Officer
- Service Tax on Ocean Freight Imports under CIF contracts for Silvassa unit in 2017 – transportation cost upto customs station in India incurred by foreign supplier
- Settlement Agreement – Interplay of Sections 11(6), 73 & 74 of the Arbitration Act
- SEZ Developer as deemed a power distribution licensee – conditions.
- Share Holders Agreement Enforcement in India through Foreign Arbitral Awards
- Sharjah Court Foreign Decree – Execution in India – Sections 13 & 44A CPC and Reciprocating Country
- Shortfall in Minimum Hospitalization Hours Cannot Defeat Claim
- Slum Act and IBC – Resolution Plan & Obligations of Developer
- Slum Act and IBC – Transit Rent Arrears & Resolution Plan
- Slum Land – Compulsory Acquisition Vs preferential right of owner for redevelopment
- Slum Redevelopment – SRA – Pre-emptive or preferential right of Public Sector Undertaking over Private Developer – Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
- Slum Rehabilitation Scheme in Thane & eviction of Tribals -Sections 33 & 38 of the Slum Act
- Smartwatch – Invoice “Goods once sold will not be taken back or exchange” raises legal considerations for consumer protection and fair trade practices.
- Society Bifurcation Upheld : Bombay HC No Need for CIDCO Permission – Section 18 of the MC Societies Act.
- Society NOC for electricity – Refusal for outstanding maintenance
- Society Wins Conveyance, Owners Must Go to Civil Court : Bombay HC Mandate
- Solar Energy Trading – Peer to Peer Trading through Blockchain Technology – Revolutionary decision of the Karnataka Electricity Regulatory Commission
- Sound of the Law – Bombay HC Protects Live Music Orchestra in Restaurants for Entertainment Licence under the Maharashtra Police Act, 1951 and the Public Amusement Rules, 1999.
- SRA – Demolition of 17-years redeveloped building to give benefit of DPCR 2034 to new developer
- SRA – New Road Line – Section 291 MMC Act
- SRA – Redevelopment – Section 13(2) of Slum Act 1971 – Termination of Developer
- SRA Redevelopment – Height Clearance NOC of Airports Authority of India
- Stamp Duty – Development Agreement – Revenue sharing of sale proceeds with Owner – Market Value –
- Stamp duty – 1989 Agreement – Duty paid in 1995 under Amnesty Scheme – Deficit demand in 2016
- Stamp Duty – Demand for Refund – Un-executed conveyance deed –
- Stamp duty – If payable on every increase in share capital of a company
- Stamp Duty – Property of Public Trust – Market value of property sold in auction – Rule 4 of the Maharashtra Stamp Rules 1995
- Stamp Duty Amnesty Scheme – Development & Sale Agreement
- Stamp duty of Rs.7,38,99,000/– Scheme of Arrangement of TTML & Demerger with Airtel
- Stamp duty paid in 2013 – Refund application made in 2019 – period of limitation – Section 48 of the Maharashtra Stamp Act
- Stamp Duty refund – Court Upholds Restitution and Interest
- Stamp duty refund -Transaction Fails – No Cancellation Deed
- Stamp Duty Refund & Condonation of Limitation
- Stamp Duty Refund for Developer’s Default & Court Delay – Illegal
- Stamping of Instrument in Arbitration Proceedings
- Standard Rent – Fixation and Powers of Court – Maharashtra Rent Control Act, 1999
- State Consumer Commission – Liability of Employees Coop Credit Society for Undisclosed and Unilateral Restrictions on Premature Withdrawal of Deposit of Retired Employee
- Statutory arbitration under NH Act – whether NHAI is a third party
- Stock Broker’s Liability For the Acts of Alliance Partner & Employees
- Stray dog bite on public roads – Compensation of Rs.10,000 per tooth mark of dog and various directions issued in the Judgment of PH High Court
- Stray dogs & Human – dog conflict – Animal Birth Control Rules, 2023 – Petitions against the animal lover who kept stray dogs in his house – Nuisance to the residents.
- Sub-Contractor Stranger to Contract with Employer – Cannot Compel Arbitration against Employer – Ruling of the Supreme Court
- Subvention Home Loan – Default of EMI payments by Builders
- Sugarcane farmers – Right to full payment in 14 days of supply to factory
- Suit for eviction – Effect of sale of premises by owner during pendency of suit – Order 22 Rule 10 of CPC – Procedure in case of assignment before final order in the suit –
- Suo motu compensation deposit under EC Act – Bar to MV claim
- Super area – extra amount of increased sale area – Developer must give reasons, computation & calculations
- Suppression of material fact of involvement in a criminal case by a candidate seeking recruitment to the police force – Cast serious doubt on the character and the antecedents sufficient to disentitle him from employment
- Supreme Court – Accident Compensation – Functional Disability Vs. Physical Disability
- Supreme Court – No MV Tax on Construction Equipment Vehicles
- Supreme Court – Relaxation in Eligibility Criteria Vs. Merit Determination
- Supreme Court – Succession Certificate obtained behind the back of a known minor legal heir is vitiated
- Supreme Court – Tender acceptance & Letter of Intent Cannot Trigger Arbitration
- Supreme Court – Foreign Arbitral Award Cannot be Re-litigated in Section 48 Enforcement Court on Grounds Rejected by Singapore High Court
- Supreme Court – Insolvency Code cannot be invoked to revive terminated development agreements
- Supreme Court – Landmark 2026 Judgment – Financial Creditors Free to Pursue Dual Insolvency Actions for One and Same Debt against two – Borrowers and Guarantors.
- Supreme Court – Landmark Judgment of 8.12.2025 on Judicial Restraint in Fiscal Matters including revision or increase of property tax
- Supreme Court – Minor Differences in scoring or evaluation of the tenders of the bidding contractors do not justify judicial intervention.
- Supreme Court – Section 139 of the Contract Act – Discharge of the Surety on variation of the contract of creditor & borrower without knowledge of sureties.
- Supreme Court – Section 45A ESI Act Applicable, Available & Can Be Invoked Only when No Records Produced by the Employer
- Supreme Court Bars Cognizance of Private Complaints for offences under Sections 448 and 451 of the Companies Act
- Supreme Court Bars HC Review Powers – Finality of Section 11 Arbitrator Orders
- Supreme Court Clarifies Law on Bill Discounting and Compounding Interest in Arbitration
- Supreme Court Confirmed Deemed Conveyance
- Supreme Court Defines Financial Creditor and Excluded Preference Shareholders
- Supreme Court Expands Framework for Child Injury and Disability Compensation
- Supreme Court HELD that where a contract expressly bars interest, the Arbitral Tribunal cannot award pre-award or pendente lite interest – even indirectly as “compensation”.
- Supreme Court Invalidates Change of Land Use for Cement Unit – Master Plan Cannot Be Bypassed
- Supreme Court landmark Judgment to eliminate unauthorised construction
- Supreme Court on Rule 107(11)(g) to (k) of 1961 MC Societies Rules and Failure to deposit auction amount within stipulated period.
- Supreme Court Restored the Bidder’s Rights in auction of industrial plot
- Supreme Court Ruling Curriculum Defines Qualifications and Eligibility Criteria
- Supreme Court says – Fire is Fire – Insurer Cannot Evade Claim on Technical Grounds
- Supreme Court Strengthens Jurisprudence of Service Law on Fairness and Due Process in Disciplinary Inquiry
- Supreme Court Strengthens POSH Act by Broadening “Workplace” Jurisdiction
- Supreme Court Upholds Forfeiture of Deposit for Breach of Timelines in IBC Liquidation Sale
- Surrogacy – Maternity / Paternity & Child care Leave – Central Govt employees
- Surrogate Vs Biological mother – Litigation for Custody of twin minor daughters
- Suspension at the fag end of service – Charge Sheet served 12 days before retirement
- Suspension of Assistant Teacher – Motor accident offences – Illegal – Such offences do not involve moral turpitude – Statute 433-A(3)(A)(i) of Savitribai Phule Pune University
- Tattoo – Unfit for employment in Central Industrial Security Forces
- TDR – SR Scheme under old DCPR 2019 is not eligible for additional TDR under DCPR 2034
- TDR Certificate for DP Road of 30 mts width used in the land of Coop Housing Society in Bibavewadi Tq Haveli District Pune
- TDR for Development of road constructed in 2011 in Pune Municipal Corporation area at the cost and expenses of members of the Petitioner – CREDAI-METRO PUNE Association
- TDS amounts constitute payment – Arbitral Award for Refund to the Contractor – Supplier
- Telecom Cyber Security – Draft Rules of 2024
- Tender – disqualification of contractor for non-compliance of GST condition in the Tender – illegal – Condition was non-essential and although other bidders did not submit GST returns they were qualified
- Tender – Gas Cylinder Rules, 2016 – Dilution of Technical conditions of PESO Registration & certificate affecting public safety and health – Supply of Chlorine Gas to the City of Mumbai
- Tender – Rejection of Bid as non-responsive
- Tender – CIDCO Plot – Demanding higher price after acceptance of lower price bid
- Tender – Eligibility Condition of Supply of Sports Kits for last three years
- Tender – Rejection of Technical bid
- Tender – RejTechnical bid – disqualification & objections to the eligibility of other bidders
- Tender – Solid Waste – Innovative marking system for evaluation
- Tender condition – Joint Venture not allowed – Whether Partnership Firm is Joint Venture
- Tender conditions – law does not compel a man to do that which he cannot possibly perform.
- Termination – Disciplinary Inquiry on Anonymous Complaint after 16 years – Propriety and Legality
- Termination of Chief Human Resources Officer of National Stock Exchange – Maintainability of Writ Petition
- Termination of Superintendent Central Excise on the advice of the Director General of Vigilance – Advice is not mandatory – Disciplinary Authority has to take decision independently – Rules 14 and 15 of CCS (CCA) Rules 1965.
- Territorial jurisdiction – Bombay High Court – Rule 10 of the Central Excise (Appeal) Rules, 2001.
- The New Shop for 24×7 shopping for daily needs – closure timing – Mah Shops Act
- Third party buyers cannot be dragged into arbitration.
- Title Dispute of Open or Garden Area of Row House & Transfer of Membership
- Title Insurance – Protection to the owners and lenders against financial losses from the defects in the title or ownership of a property.
- Tourism Growth Oriented Policy Decision of 11.12.2025 – Additional FSI, Space Utilization and Incentives for Tourism units.
- TPA Health Insurance – Non-renewal of Registration
- Trade mark dispute – Clearance of imported goods
- Trade Marks Act – Registration of subject device Mark of several matters & words – Application of Khadi Commission
- Trademark Infringement – Court where goods are sold on web portal has territorial jurisdiction
- Trademarks – Anna Idli Gruha – ANNA – Doctrine of Prosecution History Estoppel
- Traffic challan – Company vehicle – presence of MD / CEO in Court is not required
- Trailer attached to the Tractor was not insured – SC exercised powers under Art.142 of the Constitution in exceptional circumstances
- Trans-border Arbitration – Jurisdiction of Courts in India and Arbitration in Colombia
- Transfer of FL II licence obtained by fraud – Nullity in the eye of law
- Transparency in Sports Governance – Membership of Cycling Association
- Travel Insurance – Treatment of Haematuria in USA – Repudiation for non-disclosure of pre-existing disease
- Truthful Disclosure of Antecedents – Foundation for Bank Employment
- TV / Radio / Print / Internet Advertisements – Mandatory Self-declaration w.e.f 18.6.2024
- Tweets – Defamatory – Due diligence by Social-media intermediary
- Two anti-podal petitions under Section 9 of the Arbitration Act for diametrically opposite prayers of Developer & another of Housing Society.
- Uber / Ola – Cap on convenience fee – Surge / dynamic pricing / peak pricing
- Uber Cab – Service Provider – Timely services – Delay in arrival – Flight missed – deficiency in service
- UGC – Foreign Universities now in India – Guidelines notified on 8.11.2023.
- UGC Distance Learning Regulations 2020 – NAAC accreditation parameters
- Unauthorised occupation – Section 8 of the Maharashtra Fire Act, 2006.
- Unauthorised Trading – Arbitral Award of NSE – Limitation
- Unconditional Withdrawal of Civil Suit – Whether Bar to Section 11 MOFA Application for Deemed Conveyance – Applicability of Order 26 Rule 1(4) CPC
- Unilateral Arbitrator Appointment by NBFC is Void
- Unilateral Conveyance – Dispute of extent of land and recreational ground
- Unilateral Conveyance Deed – Section 20(4) of MRTP Act – MOFA and Rule 9 of MOFA Rules, 1964
- Unilateral Deemed Conveyance – Parameters of powers under Section 11 of the MOFA Act – Authority performs obligation and duty for the failure of promoter
- Unilateral Deemed Conveyance – Refusal on account of pendency of a title civil suit between promoter and other persons – Illegal
- Unilateral Deemed Conveyance – Federation of Housing Societies Vs Individual society
- Unilateral Deemed Conveyance pending issuance of occupancy certificate
- Unilateral Recovery & debit of loan from Joint Pension Account violates Article 21
- Unregulated Lending including through digital lending or otherwise – Draft Bill to ban
- Unsigned Contract – SC affirms Arbitration via conduct of parties
- Urban Land Ceiling Act – One time premium for Development of exempted Surplus land
- Urban Land Ceiling Encumbrance Exemption – Premium for Surplus land
- Validity of Rule 13.3.1.5 of the Development Control Rules of Pune City
- Venue of Arbitration – Mumbai shown in the invoice of applicant-supplier and Kolkatta in the purchase order of respondent
- Veritable Party to the Arbitration Agreement & Privity of Contract
- Very interesting facts on answer Key to 4 Questions of Preliminary Examination for post of Civil Judge of Uttarakhand
- Virtual Bonds – Real Love – SC upholds visitation rights of father
- Void from the beginning – Bombay HC Declares Coop Society Registration Illegal
- VRF Group AC system – Electricity – Can Distribution Company force a group of consumers to opt for HT instead of multiple Low Tension connections?
- Water sports – Entertainment Duty – validity of proviso to Section 3(1) & (5A) of the Bombay Entertainment Duty Act, 1923, as inserted by Amendment Act of 1998, upheld.
- WhatsApp – Posts in private group of Employees – Disciplinary action
- When Rule 96(10) Disappears, So Do it Shackles of GST Refund
- When Sudden Death Meets Policy Silence
- Whether a borrower of a project is “consumer” under Consumer Protection Act, 1986
- Whether an arbitration clause in the invoices constitutes “arbitration agreement”
- Whether Power of Attorney has right to execute sale deed after death of principal
- Why Seat Prevails over Venue in Arbitration
- Wi
- Wife’s name, Husband’s Money – flat purchase – Tax Notice to wife
- Wildlife Translocation – SOP of Supreme Court
- Winding up – Liquidator – Priority of Dues of Mumbai Port on vessels over other creditors
- Women Reservation – Non-creamy layer certificate dispensed with by the GR 4.5.2023
- Women Self-Help Group (Bachat Gats) – No preferential rights in Tender for Take Home Ration (nutrition food) through 1,10,446 Anganwadi Centres
- Workman – Serious Misconduct – Slapping superior officer – Industrial Tribunal held such act as “not too serious to inflict punishment of termination” and awarded punishment of stoppage of one increment
- Workmen’s Compensation Act, 1923 – Injury while on ship duty as Seaman (Deck Sarang) on the ship – Declared Medically unfit – 100% permanent disability under clause 12 of the National Maritime Board Agreement
- Writ Petition of widow of Ex-serviceman for widow identity card – Denial in view of ex parte Divorce Decree –
- YouTube Channel – Google – Defamatory videos against plaintiff transgender – published by youtuber respondent no.1 – Damages of Rs.50 lakhs awarded to plaintiff
March 2024
- “Ghee” is “livestock” product – regulation and sale in the notified market areas – Interesting question – AP (Agricultural Produce and Livestock) Markets Act, 1966
- Arbitral Award – Important question – Whether non-obstante clause in Section 18(1) & (4) of MSMED ACt, 2006, override arbitration agreement and venue of arbitration chosen by the parties?
- Arbitral Award in the nature of money decree – Stay – Interplay of Sections 36(3) and 37 of the Arbitration Act and guiding principles
- Arbitration – Arbitral Award passed as per the arbitration notice dated 30.10.2018 was quashed under Section 34 in 2023 – Fresh notice under Section 21 is not necessary for invocation of arbitration & appointment of Arbitrator
- Arbitration – Section 11 – Limitation – Delay of six years in making application for appointment – Whether Section 21 notice or claim for repayment is time barred
- Arbitration – Section 11 – Parties agreed for arbitral institution which insists for its membership – Important question whether arbitral institution can insist for such membership
- Arbitration Act – Execution of Arbitral Award – Failure of Award Debtor to appear in Court – Important Directions of the Bombay High Court for attachment of Bank Accounts and non-bailable warrant.
- Arbitration Act – Mandate of Arbitrator – Sections 29A(4) and (5) – Court has powers to extend mandate of Arbitrator and extend time retrospectively even after award was passed – Kerala High Court
- Arbitration Act – Section 34 – Appeal – Delay in filing – Mandatory duty of the District Judge to inquire and find out the date when copy of Arbitral Award was received to record finding on delay.
- Arbitration Act – Sections 15, 16 and 29A(4) – High Court’s powers to interdict arbitral proceedings under Articles 226 or 227 of the Constitution of India if Arbitrator wholly lacks jurisdiction
- Arbitration Agreement – Acquittal of offence under Section 138 of the Negotiable Instruments Act, 1881, since nature of dispute is civil and without approaching arbitrator, complaint is not maintainable.
- Article 20(1) of the Constitution of India – Conviction under Sec.16(1)(a)(I) read with Sec.7 of the Prevention of Food Adulteration Act repealed by Food Safety and Standards Act, 2006 – Benefit of lesser punishment under new law
- Atrocities Act – Section 15A – Rights of the victims and witnesses – Video recording of all proceedings relating to the offences including bail proceedings is mandatory
- Commercial Courts Act, 2015 – Term “Used” including the expression “capable of being used” in Sec.2(1)(c)(vii) denotes “actually used” and it cannot be either “ready for use” or “likely to be used” or “to be used”.
- Compensation – Motor Accident Claim – Dependency compensation – IT Returns cannot be the sole basis for determination of compensation under MV Act. Salary Certificate VS Income Tax Return
- Consumer Protection Act – Insurance Policy of the Company for Standard Fire and Perils is not for a commercial purpose
- Custom Duty – Interest on delayed Refund is statutory entitlement under Section 27A of the Customs Act, 1962 – Failure to consider the prayer for interest in appeal – matter remanded
- Customs Act, 1962 – Confiscation & Penalty – Merely because the imported goods can be subjected to an alternative use, this can never be the test to hold that the goods were prohibited – Order is illegal
- Customs Act, 1962 – Section 110(5) – Provisional attachment of bank accounts – Each of the essential requirements to be complied with by the Customs and to pass written order and serve on the bank account holder.
- Defamation – Damages – Newspaper publication of an inquiry report against a Senior Judicial Officer with incomplete facts – Costs of Rs.10 lakhs was imposed – Important and salutary observations of Karnataka High Court
- Development of Basic Amenities in Municipal Areas – Policy decision to give State subsidy – Change of legislative constituency from one to another for execution of such works – Illegal
- Disability Act 2016 – Rights should not merely remain on statute book – Spirit of legislation must be applied by all authorities in practical application with sensitivity and flexibility.
- Domestic Violence Act – Acts of domestic violence for grant of maintenance and compensation –
- Gender Bias – Obtaining Maiden Surname in the record – Notification of GOI to submit either divorce decree or NOC from the husband
- Generic Medicines for poor people and downtrodden sections of the society in the Government Medical Colleges & Hospitals – Welfare Cabinet decision of 27 Feb 2024 of GOM
- GST – Cross-empowerment -CGST Act & Tamil Nadu GST Act – Petitioners assigned to State GST but proceedings initiated by Central Authorities or vice-versa – Absence of Notification under Section 6 of the Act.
- GST – Sections 74, 122(1A) and 137 of CGST 2017 – Notices to the employees of Agent /group company of foreign Shipping Company and demand of Rs.3731 crores with penalty since the employer wrongly availed ITC amount.
- Import of Rubber Processing Oil – Mis-declaration of origin of country in the bills of entry immaterial for valuation, description and other particulars of imported goods – Important Judgment of the CESTAT, Ahmedabad
- Insurance – Essential to provide copies of surveyor / investigator reports to the insured to call for objections before repudiating the claim
- Insurance – Landmark reforms – Freedom in product development, pricing and governance- – Insurance Products Regulations of 2024 enabling insurers to adopt good governance while designing and pricing the insurance products.
- Insurance – Policy issued on receipt of cheque and subsequently dishonoured but vehicle ply on road without valid insurance – HC found that 2002 Notification of Online mode of payment of insurance premium kept in the dark
- Insurance Policy – Renewal – Dishonour of cheque by the Bank although sufficient balance in the account but for non-linking MOD with account – Deficiency in Service –
- Insurance Policy for the thermal power plant – Initial Report of Insurer Surveyor Vs. Subsequent Report of Independent Surveyor and subsequent addendum report of Insurer Surveyor
- Limitation – Online Filing of Appeal – Deficiencies of physical copies etc; complied with after limitation – Rejection of appeal on the ground of limitation is illegal – Section 107(1) and (4) of the Act
- Maharashtra Land Revenue Code, 1966 – Section 48(7) – Unauthorised exacavation of earth for sewerage pipeline network of Thane Municipal Corporation – Penalty and royalty charge
- Maintenance – DV Act – Filing of affidavit declaring Assets and Liabilities by spouses is for to determine interim maintenance by the Court and not after application was finally adjudicated
- Minor mineral – Earth excavated and re-deployed in the same land is not subject to royalty and would not attract wrath of Section 48(7) of the Maharashtra Land Revenue Code, 1966
- MSMED Act – Section 18 – Claim for recovery of loan – Registration for financial activity under the MSMED Act is necessary for Felicitation Council to entertain and decide the claim –
- Pollution – Solid Waste Management -Sustainable Development Fee on Tourists on the lines of Bhutan – Salutary efforts of HP High Court to make Shimla as model town and to make solid waste management sustainable in the State.
- Pre-arrest bail to accused Police Officer – Presumptions and considerations applied to a lay person may not carry same weight while dealing with Police Officer who is alleged to have abused his office and duty.
- Prevention of Corruption Act, 1988 – exoneration of the accused in the income tax case cannot absolve under PC Act – Important Judgment of the Supreme Court.
- Public Trust registered under the Maharashtra Public Trusts Act, 1950, receiving State grant and running educational institution – Whether “Public Authority amenable to Right to Information Act, 2005.
- Pune City – Important questions raised in PIL are pending consideration of the Bombay High Court to save Pune City from the builders and eliminate the problems of traffic, garbage, drinking water, etc.
- Railways – Freight Charges – Difference between Overcharge against Illegal Charge – Refund of Freight charges on account of change in policy and revision of distance table – Section 106(3) of the Railways Act, 1989
- Rights of Persons with Disabilities Act, 2016 – 90% Hearing impairment of the petitioner -No reservation in Recruitment in the Madras High Court – Non-Selection of Sanitary Worker
- SARFAESI Act & MVAT Act – Ranking of priority and first charge on secured – Conflict of Section 37 of MVAT Act with Section 26E of SARFAESI Act.
- Section 109 of IPC & Prevention of Corruption Act, 1988- Housewife made co-accused only because assets were purchased by husband in her name.
- Section 11 of MOFA – Unilateral Deemed Conveyance – Whether it can be made subject to the right of way to the adjoining plot?
- Section 482 of the Cr PC – Maintainability of Applications for quashing of proceedings under Section 12 of the DV Act 2005
- Section 9(3) of the AA is not absolute bar – Application for interim measures against third party even after appointment of Arbitrator under Section 11 between the parties is maintainable
- Sections 50(2) proviso & 25 of the Land Acquisition Act, 1894 – Acquisition of the open land for recreational ground under Section 126(1)(b) of MRTP Act, 1966 – Writ Petition of Local Authority challenging Award
- Senior Citizen – Gift to son – Whether father can revoke gift after death of son – Is daughter-in-law liable to maintain in-laws – Powers of the Maintenance Tribunal.
- Senior Citizens Act 2007 & Domestic Violence Act 2005 – Interplay of Rights senior citizens to secure their house and a woman to shared household in matrimonial home.
- Senior Citizens Act, 2007- Maximum limit of Rs.10,000/- maintenance under Section 9(2) is applicable to each senior citizen and not qua all the senior citizens in the family and each child or relative.
- Slum Redevelopment – SRA – Pre-emptive or preferential right of Public Sector Undertaking over Private Developer – Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
- Stamp Duty – Property of Public Trust – Market value of property sold in auction – Rule 4 of the Maharashtra Stamp Rules 1995
- Stray dogs & Human – dog conflict – Animal Birth Control Rules, 2023 – Petitions against the animal lover who kept stray dogs in his house – Nuisance to the residents.
- Tender – disqualification of contractor for non-compliance of GST condition in the Tender – illegal – Condition was non-essential and although other bidders did not submit GST returns they were qualified
March 2025
- Accident – Contradictory stand of employer in disciplinary inquiry and in claim petition
- Accident Compensation – Deduction of Medical Insurance amount is not permissible
- Accident Compensation – Learner’s licence of person driving the motor cycle
- Accident Compensation – Contributory Negligence – Assessment
- Anti-Arbitration Commercial Suit for permanent injunction
- Arbitrability – Contract procured by fabricated documents
- Arbitral Award – Legitimacy of trading – Absence of prior written consent – NSE Regulations
- Arbitration – Disputes between partners of LLP
- Arbitration – Objection to exhibiting documents should be decided then and there instead of postponing.
- Arbitration – Section 17 – Interim stay to the termination of Development Agreements
- Arbitration – Whether new partner of the firm is a necessary party
- Arbitration and Fall Clause in the agreement to reduce price
- Arbitrator – Challenge to his impartiality based on Google Search
- Arbitrator & Principles of Equity in contractual matters.
- Arrest – Non-compliance with section 47(1) of BNSS – Remand is illegal
- Award – Objection in execution petition for non-service of signed copy of the award
- Blacklisting of contractor for three years for breach of contract
- Civil Dispute Vs Criminal complaint for breach of contract
- Civil property dispute converted in criminal case – Abuse of court process
- Commercial Suit – Order XIIIA CPC – Transfer of ITC shares
- Commercial Suit of Multi-Commodity Exchange of India for recovery – Limitation
- Cooperative Housing Society – Required number of members for registration
- Culpable homicide – Electrocution of employees working on shop sign board
- Cyber attacks & Cyber Crisis Management Plan – IRDAI Circular of 24.3.2025
- Deemed Conveyance – Agreement Vs Rules 9 and 11 of MOFA Rules 1964
- Deemed Conveyance & Civil Suit
- Deemed conveyance Certificate – Authority has no powers to correct area by corrigendum
- Equitable Mortgage – Importance of Deposit of Title Deed for Priority between two Mortgages
- Express agreement in writing to waive unilateral appointment of Arbitrator is mandatory
- Fresh Arbitration for second time and fresh Appointment of Arbitrator
- German Visa – Refusal for non-compliance of section 5 of Special Marriages Act
- HC can appoint Arbitrator if mediation is not initiated under MSMED Act
- Home buyer – Delay in giving possession – Interest and Refusal to take possession
- Immigration & Foreigners Bill,2025 – Introduced in Lok Sabha on 11.3.2025
- Maharashtra Stamp Act – Stamp Duty & Development Agreement –
- Mediator Fees – HL Committee Meetings – Govt Procurement contracts above 10 crores
- Metaphor and the Law – Information and Insightful Article
- Moratorium under IBC & Section 27 of the Consumer Protection Act, 1986
- MSMED Act – Companies to file return to MCA for non-payment of MSME dues
- MSMED Act, 2006 – Arbitral Award – Section 34 Petition – Delay – Section 14 Limitation Act
- Nomination of mother for Provident Fund and Widow for other retiral benefits of employee
- Nominee Vs. Legal Heir – Section 39 -Insurance Act, 1938 (Amended in 2015)
- Open Distance Learning and Online Programs – UGC approval
- Order under Section 23(3) of Arbitration Act – Whether an interim Award?
- Personal property converted to the Partnership property – becomes property of firm
- PIL of journalist against Borivali Thane Twin Tunnel Project
- Primary Teachers – How to ensure attendance in the school – Use of Technology
- Probationer – Deemed Confirmation – Termination – Stigmatic
- Prominent changes in Sec.175 BNSS in comparison to Section 156 Cr PC
- Section 13(2) of Slum Act – Termination of Developer after 31 years
- Section 17(2)(vi) of the Registrar Act – Compromise in divorce petition
- Section 21A of MCS Act – Purchasers – No locus standi to challenge registration
- Section 33 Review Application and Delay in filing section 34 petition
- Section 34 Court – Obligation to consider the grounds and record findings
- Section 9 AA Petition of 90 years old USA resident for interim measures
- Section 9 Petition – Interim relief – SIAC Foreign Award – Section 37 appeal
- Sections 33 & 38 of the Maharashtra Slums Act, 1971
- Senior Citizen – removal from her own flat – High Court ordered restoration
- Settlement Agreement – Interplay of Sections 11(6), 73 & 74 of the Arbitration Act
- SRA – Redevelopment – Section 13(2) of Slum Act 1971 – Termination of Developer
- Subvention Home Loan – Default of EMI payments by Builders
- Sugarcane farmers – Right to full payment in 14 days of supply to factory
- Trans-border Arbitration – Jurisdiction of Courts in India and Arbitration in Colombia
- Transfer of FL II licence obtained by fraud – Nullity in the eye of law
- Urban Land Ceiling Encumbrance Exemption – Premium for Surplus land
- Whether a borrower of a project is “consumer” under Consumer Protection Act, 1986
- Whether an arbitration clause in the invoices constitutes “arbitration agreement”
- Whether Power of Attorney has right to execute sale deed after death of principal
March 2026
- Accident Compensation Must Reflect Professional Promise, Not Marks – Bombay HC on Third Year BHMS Student’s Accident Death
- AP High Court – Commercial Suit – Order VIII Rule 1 CPC – WS filed before 120 days without condonation delay application
- Bombay HC – Disclosure Obligations of Arbitrator under 1996 Act do not apply to 1940-Act Arbitrations.
- Bombay HC Clarifies Membership Law – Unregistered Transfers Cannot Confer Housing Society Rights and Ownership
- Bombay HC Quashes Deemed Conveyance – Prior Civil Suit Unconditional Withdrawal Bars Fresh Application of Society under Section 11 MOFA.
- Bombay HC – Arbitral Award Section 84 of the Multi State Cooperative Societies Act 2002
- Bombay HC – Deemed Conveyance – Pendency of the Civil Suit –
- Bombay HC – Doctrine of Severability Applied to Arbitral Claims and to Split the Arbitral Award in Arenel case
- Bombay HC – Employees appointed prior to 31.10.2005 in the partially aided division of 100% aided schools – Old Pension Scheme under MCS Pension Rules 1982
- Bombay HC – Mumbai Cricket Association bound to Arbitration in T20 Mumbai League Dispute
- Bombay HC – NHAI acquired land – Compensation for easementary loss to petrol pump business
- Bombay HC – Non-signatory member of society cannot be forced to arbitration under Development Agreement
- Bombay HC – Section 11 – Fresh Arbitration & New Arbitrator – Section 43 Limitation – Share Purchase Agreement
- Bombay HC – Stock Broker uploaded incorrect PAN details causing inability to pledge shares under MTF and loss to the investor on account of auction of shares by Stock Exchange
- Bombay HC – Acquittal in bribery case does not guarantee full salary for suspension period – Employer not liable for employee’s bribery prosecution
- Bombay HC – Bombay HC – POSH Inquiry Report carries full weight as Inquiry Report for major penalty
- Bombay HC – Claims of Developer for Compensation and Injunction Beyond Scope of Section 6 of the Specific Relief Act – Suit for Composite Reliefs Not Maintainable.
- Bombay HC – Collector’s Powers under MLR Code Affirmed – Gairan Land Validly transferred to MHADA for affordable housing
- Bombay HC – Composite Contract Doctrine Applied – Arbitration Clause in Retirement Deed Governs Disputes Across Entire Transaction and the MOU
- Bombay HC – Denial of Security Clearance to foreign JV Partner for CIDCO tenders, based on national security inputs, cannot be judicially overturned on ground of arbitrariness.
- Bombay HC – Executive Instructions of Circular issued under Rule 44(1)(i) of the Maharashtra Registration Rules cannot override Sections 34 and 35 of the Registration Act, 1908
- Bombay HC – Nominee’s Membership in Housing Society Valid – Succession Disputes of Legal Heirs Must Go to the Civil Court
- Bombay HC – Prior Sale Deed Prevails Over Subsequent Bank Attachment – Bona Fide Purchaser Protected – Rule 107 of the MC Societies Rules
- Bombay HC – Purchasers of refuge areas sold as flats cannot claim society membership – statutory safety spaces are non-saleable.
- Bombay HC – Returning Revision Memo for Non-deposit Unsustainable – Section 154(2A) of MC Societies ActB
- Bombay HC – Tender Bid Evaluation is a continuous process culminating in the work order.
- Bombay HC – Termination Disputes Outside Section 91 of the Maharashtra Coop Societies Act – Reaffirms Supreme Court Precedent
- Bombay HC Clarifies – Section 29A Timelines Do Not Apply to National Highways Arbitration
- Bombay HC Clarifies – Absence of Irrevocability Clause in the Trust Deed Cannot Justify Denial of Renewal of Charitable Trust Registration
- Bombay HC Clarifies Scope of Section 11 of MOFA – Writ Court Cannot Resolve Ownership Claims or Objections of the Owner to the Deemed Conveyance on the ground of title claims
- Bombay HC Clarity on Deemed Conveyance – Rights of Housing Society over Developer Perpetual Rights
- Bombay HC confirms closure of hotel and eviction under Section 18(1) of PITA Act without conviction
- Bombay HC Ensures Compensation for Covid Death of Court Employee
- Bombay HC Equal Pay for Equal Work – Employees of Gram Panchayats absorbed in Municipal Corporation
- Bombay HC Flags IBC Misuse to Stall SARFAESI Enforcement
- Bombay HC Protects Right to File Revision under Sectio 154(2A) of MC Societies Act – Pre-deposit requirement Applies Only to Hearing
- Bombay HC Strikes Down Denial of Promotion for Higher Scale based on uncommunicated adverse remarks
- Bombay HC Tightens Screws on Cosmetic Importers – Licence Lapses Bar Re-Export Relief
- Delhi HC – IIM Jammu, a beneficiary, funding & supervisory authority, cannot be impleaded to arbitration without privity of contract or arbitration agreement
- Delhi HC on CA Certificates Vs Proof of Expenditure in arbitration
- ITAT Mumbai – Capital Gains Exemption – New Flat in redevelopment Project in lieu of surrender of tenancy rights
- Karnataka HC – Arbitral Claim – Extension of Limitation – Section 18 of the Limitation Act
- Karnataka HC – Arbitral Award – time barred claim – Section 43 of AA and Sections 3 & 18 of the Limitation Act
- Madras HC – Doctors Not Bound by Corporate-style Non-compete clauses in the professional agreement of the Hospital
- Madras HC Protects Doctor’s Independence – Arbitration Petition of Hospital Rejected
- SC – Liability of Driver and Bus taken for election duty – Accident Compensation
- SC – Pay-reduction penalty permissible and enforceable after retirement of Bank employee, as per service regulations.
- SC – SAIL Gratuity Rules – retired employees cannot retain quarters and simultaneously claim gratuity with interest
- SC – Section 202 Cr PC Inquiry Not Mandatory Complaint is by a Public Servant – Drugs Inspector in discharge of official duties under the Drugs Act and the Rules
- SC Clarified that Section 15(2)(3) and (4) must be read together; substitution of arbitrator preserves continuity and prior proceedings remain valid.
- SC Clarifies Consumer Status of Corporate Body in FDR Fraud Disputes – Upholds NCDRC’s dismissal of consumer complaint
- SC on Negligence – Accident between Trailer & Truck and safe distance under the Rules of the Road Regulations, 1989
- SC on Section 5A of the Bombay Electricity Duty Act, 1958 – Withdrawal of Exemption to captive power generators – doctrine of promissory estoppel and legitimate expectation
- SC Reinforced that consumer protection overrides restrictive builder-buyer one-sided, unreasonable clauses in standard form of the contract.
- SC Reiterated the Commercial Wisdom of CoC – Courts cannot interfere with approved Resolution Plan except on limited grounds under Sections 30(2) and 61(3) of IBC.
- Section 9 Not Extinguished by filing of Part II Foreign Arbitral Award Recognition Petition – 2026 Important Ruling of Bombay HC
- State Consumer Commission – Liability of Employees Coop Credit Society for Undisclosed and Unilateral Restrictions on Premature Withdrawal of Deposit of Retired Employee
- Supreme Court – Accident Compensation – Functional Disability Vs. Physical Disability
- Supreme Court – Relaxation in Eligibility Criteria Vs. Merit Determination
- Supreme Court – Landmark 2026 Judgment – Financial Creditors Free to Pursue Dual Insolvency Actions for One and Same Debt against two – Borrowers and Guarantors.
- Supreme Court – Minor Differences in scoring or evaluation of the tenders of the bidding contractors do not justify judicial intervention.
- Supreme Court – Section 139 of the Contract Act – Discharge of the Surety on variation of the contract of creditor & borrower without knowledge of sureties.
- Supreme Court – Section 45A ESI Act Applicable, Available & Can Be Invoked Only when No Records Produced by the Employer
- Supreme Court HELD that where a contract expressly bars interest, the Arbitral Tribunal cannot award pre-award or pendente lite interest – even indirectly as “compensation”.
- Supreme Court on Rule 107(11)(g) to (k) of 1961 MC Societies Rules and Failure to deposit auction amount within stipulated period.
- Unconditional Withdrawal of Civil Suit – Whether Bar to Section 11 MOFA Application for Deemed Conveyance – Applicability of Order 26 Rule 1(4) CPC
May 2024
- Admission to MBBS course – Non-creamy layer Certificate obtained on false and suppression of information and true facts.
- Arbitral Award – Indian Stamp Act – Powers of Executing Court
- Arbitration – Termination of License Agreement of SBI Card for its Mobile App – Transition period of 12 months – Interim protection to prevent interruption of services
- Arbitration – Bar of Section 42 – Territorial Jurisdiction
- Arbitration – Letter of Intent – Two Contract Case – Amenability to arbitration proceedings
- Arbitration – MSME Registration after conclusion of the contract
- Arbitration – Section 84 of Multi State Coop Societies Act
- Arbitration & MSME Act – services given after registration as micro enterprise
- Arbitration & MSME Act 2006
- Arbitration Clause in original contract perishes with it subsequent to the settlement agreement foreclosing earlier contracts between the parties
- Arbitration Vs Criminal Proceedings
- Arbitration Vs Limitation period
- Arbitration Vs. Maritime Claim – Admiralty Act 2017 – Distinction between action in rem and in personam – Interim order for Arrest and Detention of Ship for non-payment of Dues of plaintiff
- Arbitrator – Has no powers to recall & modify Award
- Bank Locker – Theft – Liability of the Bank
- Caste Certificate annulled and retiral benefits denied – Supreme Court exercised the powers under Article 142 of the Constitution to grant the pension benefits.
- Caste Scrutiny Committee – Costs imposed by Bombay High Court
- Charge-sheet – Quashing on account of settlement – Cost of Rs.25,000 to the Government Pleader’s Library
- Chartered Accountants – Restrictions of ICAI on number of statutory tax audits
- Climate Change “Wrinkles Are Good” – Interesting and Important Salutary initiative of CSIR for its staff to avoid ironed clothes on Mondays –
- Compensation for damaged car – Tortuous liability
- Compensation for domestic violence – Section 22 of the Domestic Violence Act, 2005 – If it would relate to degree of domestic violence or financial status of the guilty party
- Consumer – Chit Fund Company – Whether a “consumer” and whether its “service” was for “commercial purpose” – Important questions – Landmark Judgment of the Supreme Court
- Consumer Complaint of Devotee – Tirumala Tirupati Devasthanams
- Cooperative Bank – Offence under Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999
- Criminal Justice – Denial of exemption from Personal Appearance prior to grant of bail after filing charge-sheet
- Criminal Justice – Non-bailable warrant cannot be issued in a route manner
- Criminal Justice – Quashing of the charge-sheet for offences of sections 405 and 506 of IPC relating to property transactions
- Criminal Prosecution for Civil Disputes of property transactions – Caution of the Supreme Court of India
- De-registration of Cooperative Housing Society – Direction of the Minister to initiate action only based on pendency of a title civil suit – Section 21A of the MCS Act, 1961.
- Eviction – Landlord – Member of Armed Forces Maha Rent Control Act
- Foreign Trade – Ban on export of non-basmati rice –
- Forest Offence – Moving of sandalwood by itself does not amount to
- GST – Major Relief to Holding Companies – Interim Stay of PH High Court to GST on Corporate Guarantees
- GST – Arrest in old matter – detention beyond 24 hours
- IBC – IBBI- Important Discussion Paper of 10 May 2024 on Record of Default by Information Utility alongwith the Draft Amendments inviting public comments
- IBC & Negotiable Instruments Act – proceedings – Distinction
- Importance of Marriage ceremony – Salutary observations of the Supreme Court
- Indigent Person – Court fees – Insurance Claim
- Insolvency – Home Buyer Claim
- Insurance – Compensation – Cancellation of policy prior to accident – Onus on the Insurer to produce documents and prove cancellation for dis-honour of cheque and intimation to insured prior to the accident
- Insurance – Contractor’s All Risk Policy – Collapse of bridge
- Insurance – Death due to sudden cardiac arrest during Covid-19
- IRDAI – Penalty of Rs.1 Crore – Go Digit General Insurance Co Ltd – Order dated 2.5.2024 – Violation of Section 26 of the Insurance Act, 1938 read with IRDAI Regulations 2024
- IRDAI – Landmark Reforms in Health Insurance – Master Circular dated 29.5.2024
- Judges (Protection) Act, 1985 applicable to the Tahsildar acting as Revenue Court under the Land Revenue Code – Criminal prosecution for order of mutation order illegal
- LIC – Concluded Contract of Insurance – SC important decis
- Maintenance – Charge on husband’s property – Sec.39 of TP Act
- Maintenance Fund – Non-transfer to the Housing Society
- Maternity Leave – Employee has more than two surviving children
- Maternity Leave & Post-natal childcare leave – Probationer – Maternity Benefits Act – Maharashtra Civil Services (Leave) Rules, 1981 –
- Medi-Claim Policy – Cancer – Ceiling on expenses of injections
- MSME Act 2006 – Works Contract – Reference to Arbitration
- New Electricity connection to new owner for property purchased in SARFAESI auction – Refusal for non payment outstanding dues of previous owner
- Power Distribution Licensee – Imposition of Reliability Charge
- Quashing of FIR on settlement between the complainant & accused – Condition to plant 50 samplings OR to pay Rs.25,000 to the Delhi State Legal Services Authority
- Redevelopment – Transit Rent paid by the Developer / Builder is not liable to TDS – Section 194(I) of the Income Tax Act, 1961
- Retail Trade outside purview of Section 7 of MSME Act 2006
- Salt – Substandard – Penalty under FSSI Act, 2006
- Saptpadi – Marriage is solemnized, becomes complete and binding when seventh step is taken – Interesting facts unfolded in SC Order –Sections 7 and 8 of Hindu Marriage Act –
- Section 11(6) of AA – Exclusion of time taken for settlement from limitation
- Section 11(6) of the Arbitration Act – Limitation for application
- Section 138 of NI Act – Cheque of Foreign Bank payable in UAE currency – Transaction in UAE – Cheque presented in the ICICI Bank in India, dis-honoured and complaint filed in Court in India –
- Section 144 CPC – Powers of Restitution
- Section 36 of the Maharashtra Public Trusts Act, 1950 – Salutary provisions – Sale of the Trust Property – Powers and Duty of the Charity Commissioner
- Senior Citizens Act, 2007 – Section 23 – Maintenance Tribunal is not a civil court and has no powers to declare a registered gift deed as fraudulently executed
- Stamp Duty – Demand for Refund – Un-executed conveyance deed –
- Stamp duty – If payable on every increase in share capital of a company
- Unilateral Deemed Conveyance – Refusal on account of pendency of a title civil suit between promoter and other persons – Illegal
May 2025
- Accident – Compensation – Truck driver – Considerations to determine Income
- Accident Compensation – Contributory Negligence – Site plan filed first time in the Supreme Court
- Accident of tractor – death of coolie travelling in trailer – liability – Section 147(1)(b) – MV Act
- Advocates – License for drafting sale-deeds, etc and presentation before Sub-Registrar
- Amended corrected Bank Guarantee – Mistake in submission of Bank Guarantee for tender
- Arbitral Award – Service – Delay of five months in collecting copy of the Award – Section 31(5) AA
- Arbitral Award of Damages for Loss of Profit on short closure of the contract
- Arbitral Tribunal has powers to implead a non-signatory as party to the counter claim
- Arbitration – Seat & Venue – Multi-jurisdictional clauses of the Agreement
- Arbitrator Fees – Unilateral fixation and rejection of counter claim for non payment of fees
- Arrest – Grounds given to the father who made complaint against the accused
- Contract clauses bar claim for damages for loss on account of delay
- De-registration of Apex Association of Housing Societies on the objection of Developer
- Deemed Conveyance Certificate – Third application without challenging rejection of earlier second application
- Deemed Conveyance Certificate & Full Development and utilisation of additional FSI
- Deemed Conveyance for ownership – Agreement for leasehold rights to Society
- Detention at Airport Immigration Office on look-out notice is arrest for section 48 BNSS
- Disciplinary Inquiry – Non-supply of preliminary inquiry report & Principles of Natural Justice
- Family Court order for father to “apply-each-time” for visitation during visit to India to meet daughter
- FIR – Offence – Section 31 of the DV Act – Order for maintenance, residence and compensation
- FIR in 2017 for offences of Sections 406 and 420 IPC – Non-payment of goods supplied in 2014
- IAS Officers of MP cannot be reporting, reviewing or accepting authority for performance appraisal of IFS Officers
- Illegal Arrest, Remand and Custody – Section 58 of BNSS 2023
- Illegality of unauthorised structure of reputed school is incurable
- Insurance – Difference of opinion of two Surveyors on cause of loss either seepage or heavy rains
- Interest at 38.85% under Section 16 of the MSMED Act granted under Ad-hoc Arbitration is legal.
- Interest on retiral benefits – Doctrine of restitution from due date when Employee exonerated in disciplinary inquiry
- IPL -Royal Challengers Bengaluru – Prayer to ban advertisement of Sunrisers Hyderabad Cricketer Travis Head
- Liquidated damages for resignation before prescribed period – Indemnity Bond
- Maternity Leave – Third child from second marriage – Object is to protect dignity of motherhood
- MBBS Admission – Persons with Disability
- Parents of deceased “unmarried” employee are eligible for pension – Rule 116(16)(b) of the MCS (Pension) Rules, 1982
- Passport – Pendency of case registered under Section 15 of the NDPS Act.
- Persons with disabilities – Regularisation in service sought to be taken away with retrospective effect
- Prayer of NRI to appear before EOW through Video Conference for statement in MPID case
- Probation – Continuation for 6 years without confirmation shocks judicial conscience –
- Promotion – Sealed Cover Procedure – Deemed Date
- Quashing of FIR for offences under Sections 186 and 353 IPC
- Redevelopment – Slum Area – Eviction of Slum Dwellers
- Rejection of Technical bids of Tenders for Navi Mumbai Airport Infrastructure Works – Illegal
- Removal from Service for absenteeism – Whether entitled to Compassionate allowance
- Repudiation of Claim -Treatment of cancer – Suppression of material facts and daily alcohol drinking
- Sandmining impact on Environment –Supreme Court Judgment
- Section 11 of the Arbitration Act – Reference – Limitation – Third Party
- Section 138 of the NI Act – Liability of Accused who ceased to be Partner
- Section 138 of the NI Act – Liability of Accused who ceased to be Partner
- Secured Creditors – Priority over the assets attached PMLA and MPID Act – SARAESI Act, 2002
- Stamp duty of Rs.7,38,99,000/– Scheme of Arrangement of TTML & Demerger with Airtel
- Suspension at the fag end of service – Charge Sheet served 12 days before retirement
- Unilateral Deemed Conveyance – Federation of Housing Societies Vs Individual society
- Winding up – Liquidator – Priority of Dues of Mumbai Port on vessels over other creditors
- Women Reservation – Non-creamy layer certificate dispensed with by the GR 4.5.2023
May 2026
- “Body & Soul” of Arbitration Clause Incorporated in later Agreement
- AI-Driven Growth – Maharashtra’s Vision & Roadmap 2026-2031
- Arbitral Award – GT Engine Damage & Overhauling Claim
- Arbitration – Collaboration & Tripartite Agreements with Veritable Party
- Arbitration of Promoter after Deemed Conveyance
- Asiatic Society of Mumbai – Public Research Library of 1804
- Cooling Period Clause Cannot Defeat Cattle Insurance Claim
- Delay in Filing Documents Does Not Extinguish Insurance Claim
- Disputes of Eviction from Airport Premises Not Arbitrable
- Graduate Pay Scale to Subject Teachers of RTE Act
- GST Not Leviable on Arbitral Award Settlement Payment
- IBC Not Recovery Tool – Bank Claim Lies Before DRT
- IIT Bombay – Non-Renewal of Contractual Appointment
- Income Tax Immunity of Land Acquisition Arbitral Awards
- Invocation of Arbitration Not Consent for Appointment
- Landmark Performance Audit Review of Slum Act
- Medical Re-verification of Disability of Govt. Employees
- MPID Act – Invalidation of Undervalued Asset Sale
- MPID Vs. SARFAESI Acts -Preferential Right to Secured Assets
- No Consideration, No GST on Corporate Guarantee
- No Nexus with Offence, No Freezing of Bank Accounts
- Order Refusing Registration under FCRA 2010 Must Give Reasons
- Pune University Registrar’s Appointment Challenge Dismissed
- Redevelopment Flat Possession Date & Capital Gains Taxable Year
- Revocation of Building Permission obtained by fraud
- Section 16 order & Interim Award for Section 34 AA petition
- Shortfall in Minimum Hospitalization Hours Cannot Defeat Claim
- Stamp Duty Refund & Condonation of Limitation
- Stock Broker’s Liability For the Acts of Alliance Partner & Employees
- Title Dispute of Open or Garden Area of Row House & Transfer of Membership
- Unilateral Arbitrator Appointment by NBFC is Void
- Validity of Rule 13.3.1.5 of the Development Control Rules of Pune City
- Wildlife Translocation – SOP of Supreme Court
November 2023
- Accident of BMW Car – Covered by Insurance Policy and also by BMW Secure Advance Policy for new car in case of more than 75% damage – Repudiation of claim
- Arbitration – Contractual dispute does not become non-arbitrable because it involves serious fraud.
- Arbitration – Enforcement of Foreign Award – Jurisdiction of the Court – Asset of Debtor
- Arbitrator – Ineligibility for non-disclosure of representation in the High Court for one of the parties to the arbitration – violation of mandate of Section 12 of AA – Award was set-aside.
- Bhopal Gas Tragedy – Web Series – Stay sought by two former managers of Union Carbide Co and Right to pre-screening
- Commercial Court – Jurisdiction – every dispute of property and MOU for development of property per se is not “commercial dispute”
- Copyright – Spare parts of Computer are not “artistic work” under the Copyright Act 1957 – FIR for its sale is illegal
- Delay in and short delivery of consignment – Deficiency in service – Carriage by Air Act 1972 – Contract Act – Consumer Protection Act
- Demurrage charges are not includible in the assessable value of imported goods – CESTAT Ahmedabad decision
- Draft Broadcasting Service (Regulation) Bill 2023 is issued for suggestions and comments from the public.
- Employees Compensation Act –Compensation for accident – If loading / unloading worker while loading coconut tree in stationery lorry is employee under Clause (c) of first proviso to Section 147(1) of the MV Act, 1988?
- Employees Compensation Act, 1923 – A person engaged in hiring mike set for rent is not an “employee” within the meaning of Section 2(1)(dd) of 1923 Act but a contractor –
- FIR for offences under Sections 420 & 120B of IPC and Sections 3 & 7 of the EC Act, 1955 for sale of hydrocarbon mixture as petrol or diesel –
- Fire Policy – Multiple reports on cause of fire – Seven suggested “short circuit” & two negligence of the insured – HELD cause of fire is immaterial if the claimant is not the instigator of fire.
- Housing Society – Resolution of General Body to levy compulsory charges on members for cultural activities – Legal
- IRDAI – Circular dated 3.11.2023 – Account Aggregator – Participation of the Insurance Sector in the next digital innovation
- IRDAI – Insurance Ombudsman Rules, 2017 – Salutary amendment to raise ceiling on award of compensation is raised from “Rs.30” lakhs to “Rs.50” lakhs vide notification dated 9.11.2023.
- IRDAI Circular dated 24.11.2023 – Discontinuation of filing of certain returns by the Insurers and the Insurance Brokers
- IRDAI Circular of 21.11.2023 – Clarification of “without delay” for sanctions to Terrorism, Terror Financing & Proliferation Financing means “preferably on the same business day but not later than 24 hours in any case” for Section 12A of WMD Act, 2005 and UAPA 1967.
- IRDAI Order dated 10.11.2023 – Whether penalty of Rs.3 lakhs on broker is “appropriate” for grave misconduct of submission of forged certificates – For consideration and views
- Mortgage of the Bank and sale certificate of mortgaged property in auction shall prevail over order of attachment of the Civil Court
- Organ Donation – No presumption of exploitation if the organ donor comes from disadvantaged class of the society – Refusal of the Committee to give permission – Illegal
- Pension – Struggle of Hamal of Savitribai Phule Pune University for pension after 30 years of service – Salutary observations of the High Court are “eye opener” for the authorities of Government.
- PG Medical Students entitled to incentive marks for Covid duty in government appointments – Decision of the Madras High Court
- Profits or gains from foreign currency fluctuations cannot be treated as export income for deduction under Section 80HHHC of IT Act, 1960.
- Quasi-judicial Caste Scrutiny Committee – No powers of review caste validity certificate – Tribe Certificates given in 1992 to 2005 and validated in 2005, 2011 and 2012 were reviewed and invalidated in 2022 – Illegal
- Repudiation of insurance claim for fire accident is illegal on three grounds as held by the National Consumer Commission
- Sanction – Public Servant – Prevention of Corruption Act, 1988 – Sanctioning authority granted sanction at the dictum and opinion of the Law Department – Illegal
- SEBI’s recent adoption of ODR and SBI Complaint Redressal System
- Section 135, 138 and 151 of the Electricity Act, 2003 – Offences could not be invested by the police and no cognizance can be taken on the charge-sheet filed by the police officer.
- Section 357-A Cr PC – Victim Compensation Scheme – Minor children of victim wife – Husband poured kerosene on the wife for not giving money for liquor and caused her death
- Section 8 of AA – If arbitration agreement is brought to the notice of Commercial Court in written statement, it is sufficient compliance and its jurisdiction perishes even in the absence of formal separate application.
- Section 9 of AA application for interim measures is maintainable even if there is legal deficiency of insufficiently stamped or unstamped Arbitration Agreement
- Section 96 of IBC – Interim moratorium commences only after application is given regular case number by NCLT
- Sections 32A and 33(5) of IBC overrides Sections 5 & 8 of PMLA & – Attachment of auctioned property under liquidation under PMLA is illegal
- Stray dog bite on public roads – Compensation of Rs.10,000 per tooth mark of dog and various directions issued in the Judgment of PH High Court
- Suspension of Assistant Teacher – Motor accident offences – Illegal – Such offences do not involve moral turpitude – Statute 433-A(3)(A)(i) of Savitribai Phule Pune University
- TRAI – New Directives of 8.11.2023 to end harassment of “Unsolicited SMS messages and phone calls” – Now consent of user is mandatory
- UGC – Foreign Universities now in India – Guidelines notified on 8.11.2023.
- VRF Group AC system – Electricity – Can Distribution Company force a group of consumers to opt for HT instead of multiple Low Tension connections?
November 2024
- (no title)
- Arbitration – Patent illegality in passing Award without deciding questions of fraud
- Arbitration – Principal of business efficacy” to interpret commercial contract
- Commercial Courts Act, 2015 – Salutary Amendments – Bill of 2024
- Deemed Conveyance – Authority has limited jurisdiction – No power to consider validity of documents.
- Election Code of Conduct – Suspension of activities – Maha Building Construction Workers Welfare Board
- Employee right to travel abroad – Denial of Permission – Pendency of Inquiry – Illegal
- Lease Agreement – Whether for residential or commercial use – Doctrine of Blue Pencil
- NCDRC directed SBI Life Insurance to refund entire premium on surrendered policies with interest
- Ordinance X of 2024 – Stringent provisions to maintain sanctity of the forts and monuments
- Redevelopment of 11.20 acres land in Sion Koliwada, Mumbai by MHADA through Tender
- RTI – Disclosure of Marks at the recruitment – Transparency
- Section 11 – Scope of Powers of Referral Court & Arbitrator
- Section 52 of the Transfer of Property Act – Lis Pendens starts with the “institution” of proceedings
- Section 55 of the Maharashtra Rent Control Act – Effect of non-registration of lease agreement
- Traffic challan – Company vehicle – presence of MD / CEO in Court is not required
- Travel Insurance – Treatment of Haematuria in USA – Repudiation for non-disclosure of pre-existing disease
November 2025
- : SC Upholds Boiler Claim of Sugar Factory : Insurer Cannot Repudiate Without Proof
- Accident Compensation – Breach of Policy & Doctrine of Pay & Recover
- Arbitration Survives Company Governance Gaps : Bombay HC
- Award Must Resolve, Not Recycle Disputes : SC on Arbitrator’s Indecisiveness
- Beyond Formal Equality : Delhi HC on Disability, Appointment, Confirmation and Relaxation
- Bombay HC – No Powers of Substantive Review of Deemed Conveyance under MOFA.
- Bombay HC – Rights of third Party purchasers of earlier developer against society
- Bombay HC Cancels Conveyance of Housing Society for Non-Disclosure and Improper Inquiry
- Bombay HC Protects Cooperative Society Democracy : Supersession of Housing Society Committee set-aside
- Bombay HC Reinforces MOFA disclosures and sanctioned plans govern conveyance scope
- Bombay HC to Arbitrator : Stick to the Contract, Not the Committee Minutes
- Bombay High Court – Order under Section 32(2)(c) of the Arbitration Act is not an award
- Electricity Act Overrides Arbitration Act –
- Entry (X) Visa & Blacklisting of Foreign National Spouse of Indian Citizen – Section 3 of the Foreigners Act, 1946
- Forfeiture of Gratuity of Bank Regional Manager – Bombay HC
- Housing Society NOC for Consolidation of Flats
- Karnataka HC says that the LLP disputes must go to Arbitration by default.
- Liberty First : SC Says Arrest Must Be Explained in Writing and In Time
- Milton JV AAward Quashed for Perversity by Bombay HC
- MOFA Vs Slum Act Vs MHADA land and Slum Scheme
- No More Split Multiplier : Apex Court Reinforces Guidelines in Accident Claims
- Pension Cannot Be Withheld for Section 138 NI Act Conviction
- Profit-oriented purchase of software is not covered by the Consumer Protection Act.
- Refiling of Section 34 petition after removal of defects is Fresh Institution
- SC – Section 13(1A) of the Commercial Courts Act
- SC Cautioned Insurers against denying claims based on speculative or irrelevant technicalities.
- SC Clarifies – Section 138 NI Act Tied to Payee’s Bank Branch
- SC Discourages post-award enforcement litigation
- SC on Arbitral Award with 24% interest as per loan agreements – Valid
- SC on Letter of Intent, Legal Character, Rights of Parties
- SC on Policy Coverage of “FFF”
- SC Quashes Arbitrary Bid Rejection to ensure Fair Play in Public Tenders
- SC Says Affidavit Error Cannot Defeat Section 7 IBC Petition
- SCNotice of Tender Must be Clear and Unambiguous –
- Section 16 higher Interest of MSMED Act applies even in adhoc arbitration
- Section 18 of the MC Societies Act – Division of Societies
- Section 29A does not provide extension of mandate of Arbitrator after the award is passed
- Section 7(1)(ii) read with Section 3(2)(c) and 4(1A)(a)(i) of MOFA.
- Section 8 AA Reference Rejection Set Aside : Bombay HC Reaffirms Pro-Arbitration Approach
- Sections 139 and 141 of the MC Societies Act – Discharge of Surety from Loan Liability
- Sections 6, 9, 154B-2(4) and 154B-1(8).of MC Societies Act and Section 10 of MOFA.
- Society Bifurcation Upheld : Bombay HC No Need for CIDCO Permission – Section 18 of the MC Societies Act.
- Supreme Court – Insolvency Code cannot be invoked to revive terminated development agreements
- Supreme Court Bars HC Review Powers – Finality of Section 11 Arbitrator Orders
- Supreme Court Expands Framework for Child Injury and Disability Compensation
- TDS amounts constitute payment – Arbitral Award for Refund to the Contractor – Supplier
- Unilateral Recovery & debit of loan from Joint Pension Account violates Article 21
- Veritable Party to the Arbitration Agreement & Privity of Contract
October 2023
- Agreement to collect octroi is an “lease instrument” to collect tax under Section 2(n)(ii) and liable to stamp duty under Article 36(i) of Sch.I of the Maharashtra Stamp Act.
- Arbitral Award of Rs.1354 crores in favour of Reliance Infrastructure upheld by the Calcutta High Court
- Arbitration – Legality of condition of pre-deposit for initiation can be considered by the Court in Section 11(6) of AA application
- Arbitration – Section 37 – Issues never canvassed before the Arbitrator and in section 34 petition cannot be raised afresh in appeal
- Arbitrator Fees – separately for the claim and separately for each counter claim in the dispute – Notification 31.10.2023 of the Bombay High Court
- Arrest & Detention by the Police – Important Circular dated 21.10.2023, check list for Police Officers and Guidelines of the Bombay High Court
- Bombay Rent Act – Right to inherit tenancy after the death of tenant – Landlord-tenant relationship subsists even after death of tenant
- Captive Electricity Generating Plant and Captive User – Interpretation of important issues by the Supreme Court
- Change of user of premises from residence of employee to guest house for employees – Public Premises Eviction Act 1971
- Civil Suit against Insurance Company for damages to the owner’s vehicle is maintainable and bar of Section 175 of the MV Act is not applicable.
- Consolidation Scheme was challenged after 50 years and that too, in appeal under Section 247 of MLR Code – Order allowing application for condonation of delay in filing appeal.
- Covid duty and quarantine period (total 150 days) are counted as bond service period of two years for Post-graduate Medical Student.
- Cybercrime in India – Informative analysis by Harsh Bhalke, Law Student of ABMSP’s Yashwantrao Chavan Law College, Pune
- Environment – Green Credits Program for individuals and entities for conservation and protection – Pioneering & Innovative
- EPF Act – application to two institutions of same Society since there is financial integrity and the funds have been given by the Society to both the institutions.
- Foreign Lawyers – enrolment in India – South Korea national who has taken law degree in India applied for enrolment – Proviso to Section 24(1)(a) of the Advocates Act -Interesting facts and interesting case.
- GST – Cancellation of Registration – Show cause notice, order and also appellate order are Illegal
- GST – Availment of Input Tax Credit – Actual physical movement of goods is essential including vehicle number, payment of freight, acknowledgement of taking delivery of goods, payment, etc.
- GST – Denial of Input Tax Credit for non-reflection in GSTR 2A as it is not under the control of the petitioner – Assessing Officer is required examine credits availed by the taxpayer – Kerala High Court
- IBBI – Real Estate – CIRP & Liquidation – Discussion Paper of 6.11.2023 on proposed key changes to ease the process
- IBC – Effect of Notification of mortarium exemption to the aircraft succinctly summarized in the Article of CAM authors
- IBC – To reduce cost, simplify and ease of compliance under Regulations -Suggestions vide IBBI release of 12.10.2023 – Salutary and much-needed reforms to reduce compliance burden
- IBC – Aircraft – Section 14(1) shall not apply to the transactions, arrangements or agreements under the Convention and the Protocol, relating to the aircraft, aircraft engines, airframes and helicopters.
- IBC – Insolvency Professional Entities – Discussion Paper launched by IBBI on 20.10.2023 on important issues on need for enhancing their effectiveness – Submission of comments by 11.11.2023
- Imperative need for cyber insurance – Times Special informative article
- Important PIL to regulate and frame comprehensive guidelines for advertisements by Corporate Hospitals – Supreme Court issued the Notice
- Innovative initiative – Information of historical stepwells on the postcard –
- Inordinate delay of 13 hours in train service – deficiency in service by Railway – Compensation of Rs.50,000/- granted.
- Insurance – Insurer’s Right to Recovery & Burden on Insurer to plead and prove wilful breach of duty of vehicle owner
- IRDAI – Amendments of 10.10.2023 to the Master guidelines – Anti-Money Laundering / Counter Financing Terrorism
- IRDAI – Arbitration Clause in General Insurance Policies – Amendment by IRDAI Circular dated 27.10.2023
- IRDAI – Circular dated 30.10.2023 effective from 1.1.204 – Revision of Consumer Revision Sheet – Salutary to explain the basic features of policy and necessary information in simple words
- IRDAI (Bima Vahak) Guidelines, 2023 – issued on 9.10.2023
- IRDAI Circular dated 18.10.2023 for inbuilt mandatory insurance under IMT-29 in a private car policy for employer vehicles used by the employees.
- IRDAI Circular dated 9.10.2023 – Prevention of financing to WMD – duty of stake holders to prevent financing and verification on periodic basis
- Lease – Right of lessees / sub-tenants to extension and renewal after expiry of initial lease period – Section 81B of MM Corporations Act, 1949
- Manual Scavenging – Comprehensive Order dated 20.10.2023 of the Supreme Court for implementation of two Acts of 1993 and 2013.
- Medical Negligence – This is a classic case of human fallibility where the doctors tried their best as per their expertise but desired results could not be achieved.
- Mediclaim – Exclusion of expenses for surgery for prolapse disc on the ground that it was not related to trauma but chronic condition
- NLU Delhi launches Joint Masters in IP Law and Management (msn.com)
- Not allowing own bags to carry purchased goods from the shop premises and charging Rs.20/- for a carry bag with printed logo amounts to an advertisement, deficiency in service and unfair trade practice.
- Offence of Section 294 IPC – Obscene acts and songs must be at public place – Dancing Girls wearing short clothes and dancing at Banquet hall of Resort is not public place – Offence is not attracted. FIR quashed.
- Open Plot – Unilateral Deemed Conveyance for society of composite members – (constructed bungalows and open plot holders)
- Pay-scales of AICTE if can be given to the teachers and employees of technical schools governed by the provisions of MEPS Act, 1977 (State Act) & Rules of 1981
- Pollution – Order to close distillery unit – Personal hearing was given at 5 to 5.45 pm of 27.9.2023, on the same day closure order was passed late hours and emailed at 1.38 am on 28.9.2023 –accelerated decision making resulted in several errors and non-consideration of important facts.
- POSH Act & Rules 2013 – Implementation – Supreme Court issued various salutary directions for implementation under various seven heads by the Supreme Court –
- Post on Social Media – merely “liking” another person’s post will not amount “to publishing or transmitting the post” and is not a crime covered by Section 67 of the Information Technology Act, 2008.
- Primary school record – Corrections of change of caste and date of birth – Rejection of request since the student had left the primary school – Regulation 26.3 of the Maharashtra Secondary School Record permits only corrections of “obvious mistakes” –
- PUMA shoes – infringement and sale of counterfeit shoes by Agra Shop Keeper – Injunction, damages of Rs.10 lakhs and costs of Rs.2 lakhs granted by Delhi High Court.
- Purchase order and invoice between plaintiff and defendant did not contain arbitration clause. The arbitration clause between the defendant and other companies is not applicable. Section 8 of the AA cannot be invoked.
- QR Code on Trees – Geo-tagging – Important news and article for Nature Lovers, Municipal Councils / Corporations, Activists, Researchers, Schools and the students.
- Redevelopment – Third party flat purchasers from developer have no privity of contract with housing society, its property and redevelopment
- Redevelopment of Chandan Cinema in Juhu in the vicinity of defence establishment – Notification of 19.7.1976 – Works of Defence Act
- Report on Road Accidents of 2022 – seven key takeaways of the Report and the statistics are “eye opener” for all of us
- Repudiation of claim of Rs. 5 crores on the ground of concealment of material facts – Earlier insurance history information was concealed and date of birth (14.10.1960) given in the form did not tally with the birth certificate of 1961 is Illegal.
- Right of owner to redevelop property Vs insistence of tenant(s) for “repairs”
- Rule 86A of the CGST Rules – State Tax Officer has powers to block input tax credit – Sections 5 and 6 of CGST Act and MGST Act
- Section 91(1)(b) of the Code of Civil Procedure, 1908 – pre-requisites for Leave to institute a suit in public interest
- Section 11 of Arbitration Act – Place of Arbitration – Delivery challans Vs. Purchase order –
- Section 34(4) of AA -Application for remand to the Arbitrator to eliminate grounds of challenge to the arbitral award on certain issues –
- Section 438 of the Cr PC – Maintainability of Anticipatory bail application of an accused who is already arrested and in custody in another crime
- Section 46 of MRTP Act – NOC of Defence Establishment for development within its vicinity – Validity of Circulars – Works of Defence Act 1903.
- Section 482 – Cr PC – Second petition on the grounds available at the time of filing first petition but not raised in the first petition, is not maintainable
- Section 9 of the AA – Interim Injunction – Interpretation of deed of copyright transfer – whether for remake only or also for sequel
- Sections 17 and 18 of MSMED Act 2006 – Principles of Limitation are applicable to the claims for “amount due” and if Claims are stale / dead, they cannot be entertained – Full Bench Judgment of the Bombay High Court
- Sections 26 and 27 of the Arbitration Act – Appointment of Advocate Commissioner for inspection of property to assess market value pending arbitration application under Sec.3G(5) of NH Act 1956
- Security Guard at Safdarjung Hospital during Covid-19 lost his life Compensation -PM Garib Kalyan Package – Insurance for workers fighting Covind-19”
- Smart Mirror – Interesting technology and features – Today news article in Sakal marathi newspaper (pune edition)
- Suppression of material fact of involvement in a criminal case by a candidate seeking recruitment to the police force – Cast serious doubt on the character and the antecedents sufficient to disentitle him from employment
- TDR for Development of road constructed in 2011 in Pune Municipal Corporation area at the cost and expenses of members of the Petitioner – CREDAI-METRO PUNE Association
October 2024
- Arbitration – Section 37 – Question of law can be raised in appeal for the first time
- Arbitration Act – Section 9 interim relief after termination of the Agreement
- Basement godowns converted in Bar Restaurant, liquor shop & gambling den in Pune Cantonment area
- CGST Act – GST Input Credit of Goods & Services in the Construction of Malls for rental income
- Commercial “Dispute” – Claim against third party and based on tort for damages
- Compensation – Court can grant more compensation than claimed in the petition
- Date of birth in Aadhar Card is no proof for compensation multiplier
- Deficit Stamp duty & Penalty – Property in Ambey Valley in Court Committee in auction
- Delay of 14 days in filing Section 34 Arbitration Petition – Interesting facts and important question of law
- Disability Certificate – Simplified process – Online portal – Amendment of the RPwD (Amendment) Rules 2024.
- Domestic Violence Act and Senior Citizens Act – Interplay of rights of senior citizen and daughter-in-law
- Enforceability of Non-solicitation of Master Supply Agreement after termination & Section 9 of AA
- Expulsion of the student -MNLU Mumbai – Reduction of punishment and community service
- Forest Conservation – MOU of Forest Department & Pune University – Training of Forest Officers
- Insurance – Exclusion Clause & Proposal Form- Interplay – Repudiation of claim
- Interesting and mind-boggling consumer complaint – Excess charge of Rs.0.50 ps by the Post office.
- Landmark Collaboration -MOU – Post & Amazon reaching people through 1.6 lakh offices
- Landmark initiative – MoU of Department of Social Justice with Legal Services Authority for social justice
- Legal Aid & Schemes – SC directions to create awareness throughout length and breadth of the nation
- MahaRERA Order of 22.10.2024 -Agreement – Mandatory to mention commission of Real Estate Agent
- MBBS Admission – State of Goa – Physical Residence for 10 years
- Membership of Coop Housing Society to legal heir of deceased member – Relinquishment Deed
- MOU for Artificial Intelligence – Robotics in Govt Engineering Colleges & Polytechnic –
- Notary has no powers to execute marriage / divorce deeds
- PMRDA & CIDCO – Leasehold lands now Free-hold lands – Government Resolution of 11 Oct 2024
- Powers of SRA -Development / Redevelopment -Slum & contiguous Non-slum area – GR of 15.10.24
- Redevelopment – Developer & IBC – Classic impasse for permission – Society dilapidated building
- Retirement – Inquiry initiated after ten years & withholding of retirement benefits
- Return of stolen property to the complainant during investigation or trial – Salutary guidelines
- Section 11 of MOFA Act, 1963 – Deemed Conveyance as per terms of Agreement
- Section 11(6) of AA – Powers of Referral Court to decide Arbitrability of Disputes
- Section 14(1)(a) – Arbitration Act – Termination of mandate of Arbitrator
- Section 27 of the Contract Act – Termination of contract – Interim Injunction in Section 9 AA petition
- Section 304A IPC & Section 92 of Factories Act, 1948 – Section 26 of General Clauses Act
- Section 42 of the Arbitration Act – Interplay of two clauses on jurisdiction and seat of arbitration
- Section 9 of the Arbitration Act – Application to foreign seated arbitrations
- Stamp duty – 1989 Agreement – Duty paid in 1995 under Amnesty Scheme – Deficit demand in 2016
October 2025
- A Lesson in Due Diligence : Delhi HC on Unregistered Agreement and Arbitration
- A Win for Policy Holder – Delhi HC Restores Arbitral Award against Limitation Clause in Insurance Policy
- Age Bar in Surrogacy Act Not Retrospective – Supreme Court Upholds Reproductive Rights
- Algorithms instruments of power – IT Intermediary
- Arbitrability of Disputes arising out of post-expiry of Franchise Agreement and misuse of Intellectual Property Rights
- Arbitral Award – LLP vs. Partners
- Arbitral Award – MSMED Act – Delivery & Acceptance Date
- Arbitral Award – SC says No compound interest without contract
- Arbitral Award Delivery Delay is not a mere procedural lapse but erodes the ltigitmacy of the Award.
- Arbitration Survives Allegations: Bombay HC on Fraud, Fairness and Finality
- Arbitration Survives FIR & Criminal Complaint – Bombay HC Reinforces Limited Judicial Interference.
- Arbitration Win for Seller – Market Escalation & Buyer’s Inaction Proved Decisive
- Arbitrator – Legitimacy of Non-Lawyer Arbitrator – Principal of a College
- Article 19 is citizen centric & American Social Media Platform cannot seek protection
- Article 36 of the Maharashtra Stamp Act – Stamp Duty on “renewal of a perpetual lease”
- Award of Rs.178 crores lost for Excluding a Necessary Party
- Bombay HC – OC Issued But No Water – Home Buyer Still Gets Interest for Delayed Possession under RERA
- Bombay HC – Arbitration – No damages without Proof of Loss
- Bombay HC – Bank Must Pay to Illiterate Widow for Negligence in Joint Account Fraud
- Bombay HC – Pending divorce petition alone cannot deny Widow’s right to family pension.
- Bombay HC – Termination for Disability while in Service is illegal under Section 47 of the PwD Act.
- Bombay HC Flags Gaps in MSME Arbitral Award – Fabricated Invoices & Post-Dated GST Returns
- Bombay HC Invoked Section 144 CPC for Interest on Delayed IGST Refund
- Bombay HC Message to Market Arbitral Tribunals – Arbitral Awards must be evidence-based
- Bombay HC on Arbitral Award in Architecture Bills Dispute
- Bombay HC on Jumpin Dispute : Arbitral Award must be Reasoned, Not Generous
- Bombay HC Reinforces autonomy of flat buyers to form own society in the area of parent society
- Bombay HC Rejects Enemy Property Claim for want of Evidence
- Bombay HC Strikes Down Arbitrary Order for Test Audit of Coop Society
- Bombay HC’s Big Call for Developers & Societies on TDR, FSI, DRC & Registration
- Bulk Water Tariff Orders – Godavari River – Classification of Industries for different tariffs.
- Commercial Use without OC – Bombay HC Says No Relief, No Excuse
- Compensation – Assessment, IT Deductions, Allowances & Multiplier – Lessons from the SC Judgment
- Compensation Does not Die – SC Judgment Redefines Rights of Legal Heirs of Accident Victim
- Consumer Forum Overreach – Bombay HC Says Not So Fast
- Demurrage Denied – Bombay HC Upholds Limitation Bar in Charterparty Dispute
- Dispute of refund of cancelled air tickets is not commercial dispute
- Disputes relating to redemption of mortgage are not arbitrable
- Equity Over Error – SC Balances Justice in MV compensation
- GR dated 4.7.2019 is not statutory and does not override the autonomy of cooperative housing societies.
- Housing Society Maintenance Dues Enforceable against Developer – Title Dispute Not a Shield
- Impartiality Requires More than Prior Views of Arbitrators – Rules Delhi High Court
- Justice for Every Pothole Death: Bombay HC Orders Rs.6 lakh Compensation
- Justice in Milli-meters – Bombay HC rounded height criteria to higher stage for Armed Forces Entry
- LegalDeli.In Launches Arbitration Services
- MahaRERA – Powers to Cancel Registered Agreement at the Instance of Promoter
- Majority Rules, Legally – Bombay HC Upholds General Body Supremacy in Housing Society Resolution
- MCX Commercial Suit Dismissed – Bombay HC Imposes costs of Rs.20 Lakhs for Procedural Abuse
- Medical Student’s Future is not Fiction : Bombay HC Awards Realistic Accident Compensation
- Membership of the Housing Society for Auction Purchaser
- MSME Arbitration – Bombay HC Flags Lapses of Fabricated Invoices & Post-dated GST Returns
- No Shortcut to Custody – Bombay HC Penalizes Police for Illegal Arrest Bypassing Due Process
- Non-Bidder PILs – Not Maintainable – Amounts to Proxy Litigation.
- Parity Doctrine – SC Judgment – Implications for Buyers and Developers
- RBI Directions of 26.9.2025 – Streamlining Succession
- Registered Post Vs Receipt – Section 138 NI Act Notice – Limits of Section 27 GC Act presumption
- SC Clarifies – Trustee Alone Liable in Cheque Bounce Case, Not the Trust
- SC Protects Theatre Rights Against Distributor Cartels – No More Ban
- Section 11 – Appointment of Arbitrator – Disputes of Partnership
- Section 50 BPTA – Consent of Charity Commissioner for Civil Suit of Trustees
- Section 56 – Maharashtra Police Act – Externment for offences other than IPC
- Sections 77A & 154B-19 of MC Societies Act & GR dated 3.1.2024
- Society Wins Conveyance, Owners Must Go to Civil Court : Bombay HC Mandate
- Supreme Court Defines Financial Creditor and Excluded Preference Shareholders
- Tender – Eligibility Condition of Supply of Sports Kits for last three years
- Termination of Chief Human Resources Officer of National Stock Exchange – Maintainability of Writ Petition
- Third party buyers cannot be dragged into arbitration.
- Void from the beginning – Bombay HC Declares Coop Society Registration Illegal
Real Estate
- A Lesson in Due Diligence : Delhi HC on Unregistered Agreement and Arbitration
- Appeal against order for registration of housing society is maintainable Sec.152 of MCS Act
- Application of society for deemed conveyance – Owner – Lessor
- Arbitration Agreement – Acquittal of offence under Section 138 of the Negotiable Instruments Act, 1881, since nature of dispute is civil and without approaching arbitrator, complaint is not maintainable.
- Arbitration cannot be invoked by few members of a housing society
- Arbitration Survives Allegations: Bombay HC on Fraud, Fairness and Finality
- Arbitration Win for Seller – Market Escalation & Buyer’s Inaction Proved Decisive
- Article 36 of the Maharashtra Stamp Act – Stamp Duty on “renewal of a perpetual lease”
- Basement godowns converted in Bar Restaurant, liquor shop & gambling den in Pune Cantonment area
- Bobay HC – Change of Ownership Justifies Reassessment of Property Tax & Ratable Value
- Bombay HC Clarifies Membership Law – Unregistered Transfers Cannot Confer Housing Society Rights and Ownership
- Bombay HC Quashes Deemed Conveyance – Prior Civil Suit Unconditional Withdrawal Bars Fresh Application of Society under Section 11 MOFA.
- Bombay HC – Deemed Conveyance – Pendency of the Civil Suit –
- Bombay HC – FSI Purchase Price Refundable Despiteid Termination of Development Agreement – Section 64 of the Contract Act
- Bombay HC – NHAI acquired land – Compensation for easementary loss to petrol pump business
- Bombay HC – No Damages for Defaulting Developer, But FSI Cost Must Be Returned under Section 64 of the Contract Act
- Bombay HC – No Powers of Substantive Review of Deemed Conveyance under MOFA.
- Bombay HC – OC Issued But No Water – Home Buyer Still Gets Interest for Delayed Possession under RERA
- Bombay HC – Rights of third Party purchasers of earlier developer against society
- Bombay HC – Section 10 of the MOFA – Rejection of Application of the Society for Deemed Conveyance – Illegal
- Bombay HC – Section 11 MOFA – Deemed Conveyance – Common Areas, Roads & Gardens
- Bombay HC – Section 127 of MRTP – Deemed Lapsing of Land Reservation
- Bombay HC – Section 154B-5 – Basement & Parking Area outside FSI and Sanctioned Plan
- Bombay HC – Title Validity Disputes Beyond RERA’s Jurisdiction
- Bombay HC – Circular of 24.1.2023 on Land Acquisition Compensation Invalid
- Bombay HC – Collector’s Powers under MLR Code Affirmed – Gairan Land Validly transferred to MHADA for affordable housing
- Bombay HC – Executive Instructions of Circular issued under Rule 44(1)(i) of the Maharashtra Registration Rules cannot override Sections 34 and 35 of the Registration Act, 1908
- Bombay HC – Highway Arbitral Award – Belated Evidence by NHAI Cannot Undo arbitral award in Land Acquisition Compensation case
- Bombay HC – Membership Rights are statutory traceable to the MCS Act, Rules and the Byelaws -Cannot be Refused without sufficient cause.
- Bombay HC – Monetary Claims Cannot Block Membership of Cooperative Housing Society
- Bombay HC – No Membership of Housing Society Unless “Flat” is in the Sanctioned Plan.
- Bombay HC – Nominee’s Membership in Housing Society Valid – Succession Disputes of Legal Heirs Must Go to the Civil Court
- Bombay HC – Once Section 11 of MOFA is applied, the society must receive the promoter’s actual estate – Leasehold or Ownership under the Development Agreement
- Bombay HC – Ownership of Basement & Parking alone does not qualify as “flat” for membership of a housing society.
- Bombay HC – Prior Sale Deed Prevails Over Subsequent Bank Attachment – Bona Fide Purchaser Protected – Rule 107 of the MC Societies Rules
- Bombay HC – Promoters Allotted Flats in lieu of consideration of Development Agreement Must Pay Maintenance Charges Like Any other Member
- Bombay HC – Protects Developers and Purchasers from Indenitie Revival of Stamp Duty Deficit Demand
- Bombay HC – Purchasers of refuge areas sold as flats cannot claim society membership – statutory safety spaces are non-saleable.
- Bombay HC – Registered Consent Decree of Civil Court is Binding on Revenue Authority for Mutation
- Bombay HC – Registrar’s Role under Section 154B-27 of MC Societies Act is Enforcement, Not Adjudicationi of Ownership or Membership
- Bombay HC – Registration of a cooperative housing society cannot be cancelled merely because other wings of the project are incomplete
- Bombay HC – Rejection of Application for Deemed Conveyance citing (i) illegible sanctioned building plan and (iii) developer’s lack of title without land owner’s consent, is illegal
- Bombay HC – SARFAESI Auction Cannot Be Finalized During IBC Interim Moratorium
- Bombay HC – Termination Disputes Outside Section 91 of the Maharashtra Coop Societies Act – Reaffirms Supreme Court Precedent
- Bombay HC – Writ Court cannot reopen time-barred RERA refund order in view of subsequent SC judgment
- Bombay HC Cancels Conveyance of Housing Society for Non-Disclosure and Improper Inquiry
- Bombay HC Clarifies – Section 29A Timelines Do Not Apply to National Highways Arbitration
- Bombay HC Clarifies – Authority’s findings do not bind Civil Courts in Deemed Conveyance Disputes
- Bombay HC Clarifies Scope of Section 11 of MOFA – Writ Court Cannot Resolve Ownership Claims or Objections of the Owner to the Deemed Conveyance on the ground of title claims
- Bombay HC Clarity on Deemed Conveyance – Rights of Housing Society over Developer Perpetual Rights
- Bombay HC Clears MHADA Redevelopment – Waiver of Consent of Housing Society Upheld
- Bombay HC Draws Line Between Residential and Educational Licenses for the Rent Control Act
- Bombay HC Full Bench – Section 127 of the MRTP Act – Purchase Notice – Fresh Reservation in the Revised Development Plan
- Bombay HC Holds Rule 9 of MOFA Rules Overrides Clauses of Developer Agreement
- Bombay HC on Crystalizing Boundaries for Common Layout Land Measurement in Deemed Conveyance of one Society
- Bombay HC Protects Cooperative Society Democracy : Supersession of Housing Society Committee set-aside
- Bombay HC Protects Right to File Revision under Sectio 154(2A) of MC Societies Act – Pre-deposit requirement Applies Only to Hearing
- Bombay HC Quashes Mutation Entry Declaring College Land as Private Forest – Mahindra United World College Case
- Bombay HC Quashes Registrar’s Order Allowing Independent Shop Society without bifurcation of existing society
- Bombay HC Reaffirmed that Deemed Conveyance is a Statutory Right of flat purchasers when promoters fail to execute conveyance.
- Bombay HC Reinforces autonomy of flat buyers to form own society in the area of parent society
- Bombay HC Reinforces MOFA disclosures and sanctioned plans govern conveyance scope
- Bombay HC Rejects Enemy Property Claim for want of Evidence
- Bombay HC Rules – Composite Mortgage Deed for Multiple Loan Agreements Constitute Distinct Transactions for Stamp Duty
- Bombay HC Rules Agreement to Lease of CIDCO Plot Attracts only Agreement Stamp Duty of Article 5 & Not Article 36
- Bombay HC Ruling – Committee of Housing Society cannot Function below Statutory Strength.
- Bombay HC Simplified New Promoter Transition for Consent Rule
- Bombay HC Upholds Award of Morya Infrastructure in Road Development BOT Contract Dispute & Toll Collection
- Bombay HC Upholds Binding Surrender of Housing Society Land to Pune Municipal Corporation
- Bombay HC’s Big Call for Developers & Societies on TDR, FSI, DRC & Registration
- Cantonment Area of Pune – Unauthorised Constructions in Red Zone
- CGST Act – GST Input Credit of Goods & Services in the Construction of Malls for rental income
- Chronology Matters – Bombay HC on Competing Housing Society Registrations under Section 10 MOFA
- Civil Dispute Vs Criminal complaint for breach of contract
- Civil property dispute converted in criminal case – Abuse of court process
- Commercial Courts Act, 2015 – Term “Used” including the expression “capable of being used” in Sec.2(1)(c)(vii) denotes “actually used” and it cannot be either “ready for use” or “likely to be used” or “to be used”.
- Commercial Use without OC – Bombay HC Says No Relief, No Excuse
- Consumer Complaint – Defects in the Flats construction – Joint liability of Developer & land owners
- Consumer Protection Act – Flat Agreement – Interpretation of terms and conditions – Claim of hume buyers for refund of amount on termination of agreement – NCDRC however directed to give possession
- Conveyance – Denial for 10 years for non-developement of two other buildings
- CREDAI wins clarity in SC – Urban Projects near Sensitive Zones
- De-registration of Apex Association of Housing Societies on the objection of Developer
- De-registration of Cooperative Housing Society – Direction of the Minister to initiate action only based on pendency of a title civil suit – Section 21A of the MCS Act, 1961.
- Deemed Conveyance – Agreement Vs Rules 9 and 11 of MOFA Rules 1964
- Deemed Conveyance – Dispute between landowners and Developer
- Deemed Conveyance – Unauthorised Construction of three floors by Developer
- Deemed Conveyance – Authority has limited jurisdiction – No power to consider validity of documents.
- Deemed conveyance Certificate – Authority has no powers to correct area by corrigendum
- Deemed Conveyance Certificate – Exclusion of Recreational ground and internal roads
- Deemed Conveyance Certificate – Third application without challenging rejection of earlier second application
- Deemed Conveyance Certificate & Full Development and utilisation of additional FSI
- Deemed Conveyance Certificate Vs earlier consent decrees between the parties
- Deemed Conveyance for a part of the society land from undivided larger plot
- Deemed Conveyance for ownership – Agreement for leasehold rights to Society
- Deemed conveyance for society of bungalows at JVP Mumbai
- Deemed Conveyance for the property of an individual owner in Society building
- Deemed Conveyance, Appurtenant & Common Area and Recreational Ground
- Deficit Stamp duty – Property affected by CRZ-II and tenancy related encumbrance
- Delay in filing hard copies of RERA appeals filed on-line in time.
- Delay in giving possession of flat – Delay in filing appeal before NCDRC
- Delayed Payment charges for delay in giving possession without occupancy certificate
- Delhi HC – Arbitral Award of Mesne Profits Cannot Rest on Guesswork
- Delhi High Court on interpretation of clause“AS IS WHERE IS” often employed in the Auction Notice and interplay of “Caveat Venditor” vis-a-vis “Caveat Emptor”, SARFAESI Act and directions to refund auction amount –
- Developers Win as Karnataka HC Scraps RERA Delay Fees Circular
- Dignity First – Maharashtra 15.12.2025 GR Secures Senior Citizens in Housing Redevelopment
- Environment – Post facto CRZ Clearance – Legality of OM dated 19.2.2021
- Equitable Mortgage – Importance of Deposit of Title Deed for Priority between two Mortgages
- Flat – Transfer Charges by Developer on second sale is illegal
- From Arrears of Previous Owner to Admission of new Member in Housing Society – Bombay HC Ruling
- GoM – Policy Decision to Shift Burden of Land Acquisition from Compensation to TDR Incentives.
- GR dated 4.7.2019 is not statutory and does not override the autonomy of cooperative housing societies.
- Green belt Zone – Mutha river – Illegal structures – Right to Regularisation
- GST – Development Agreement – Clause 5B of Notification dated 28.6.2017 – services by way of development rights or FSI for construction of a project
- Home buyer – Delay in giving possession – Interest and Refusal to take possession
- Housing Society cannot levy maintenance or service charges as per area of the flat – Cooperative Court
- Housing Society Maintenance Dues Enforceable against Developer – Title Dispute Not a Shield
- Housing Society NOC for Consolidation of Flats
- IBBI – Real Estate – CIRP & Liquidation – Discussion Paper of 6.11.2023 on proposed key changes to ease the process
- IBC – Real Estate – Corporate Debtor – Amendment of 16.2.2024 to IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Transparency and accountability –
- IBC – Home Buyers – Innovation of Reverse CIRP
- IBC – NCLAT – Section 9 application – Collusion of Corporate Debtor & Operational Debtor to overcome RERA orders for protection of home buyers
- Illegal construction of community hall on reserved land for playground – Illegal permission by MHADA & BMC – Inquiry
- Illegality of unauthorised structure of reputed school is incurable
- Important for Housing Societies – Deemed Conveyance
- Important judgment on the issue of “relevant date” for market value for charges for change of user from industrial to residential.
- Income Tax – TDS from compensation of acquired land – Illegal
- Insolvency – Home Buyer Claim
- Interest rate on refund of flat amount
- Interim Relief & Development Agreement Terminated by Society
- ITAT Mumbai – Capital Gains Exemption – New Flat in redevelopment Project in lieu of surrender of tenancy rights
- ITAT Mumbai Ruling of 20.2.2026 – Major tax relief for full indexed cost of acquisition of the entire land on multiple floors received in the redevelopment.
- Justice over Limitation – Stamp duty refund – failed Foreign Investment
- Karantaka High Court relief to 85 years old lady senior citizen, who gifted coffee estate to the son, for maintenance of Rs.7 lakhs under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Karnataka High Court – Menace of Unauthorised Constructions – Recent order dated 19.1.2024 – Landmark, Comprehensive, Salutary directions and also to create database for website and use of common stake holders / authorities
- Landmark Performance Audit Review of Slum Act
- Lease – DDA – TP Act 1882 – Lease hold plots became property of transferee Company on amalgamation – Lease conditions still apply – Supreme Court of India
- Lease Agreement – Whether for residential or commercial use – Doctrine of Blue Pencil
- Locus standi to file RERA complaint – adjoining owner of plot developed by promoter is not aggrieved person
- MahaREAT – Exemption conditions for registration of project under RERA, are alternative, not cumulative.
- MahaRERA – Powers to Cancel Registered Agreement at the Instance of Promoter
- MahaRERA – Comprehensive & salutary Reforms for 2024 – 19 pages consultation paper as per of Section 14(3) of the RERA 2016 for public comments
- MahaRERA – Developer Must Provide Safe, Usable & Functional Car Parking – Paper Allotment Not enough
- MahaRERA Landmark Order of 30.7.2024 – Mandatory Disclosure of Amenities / Facilities
- MahaRERA Order of 22.10.2024 -Agreement – Mandatory to mention commission of Real Estate Agent
- Maintenance Fund – Non-transfer to the Housing Society
- Majority Rules, Legally – Bombay HC Upholds General Body Supremacy in Housing Society Resolution
- Membership of Coop Housing Society to legal heir of deceased member – Relinquishment Deed
- Membership of the Housing Society for Auction Purchaser
- Minor mineral – Earth excavated and re-deployed in the same land is not subject to royalty and would not attract wrath of Section 48(7) of the Maharashtra Land Revenue Code, 1966
- Minority members (less than 10%) of the society have no right to hold up re-development of dilapidated buildings
- MOFA – Deemed Conveyance – Quasi Judicial Authority – Res Judicata
- MOFA Vs Slum Act Vs MHADA land and Slum Scheme
- Moratorium under IBC & Section 27 of the Consumer Protection Act, 1986
- Nature of Proceedings before LAAR under Act of 2013
- NCDRC Affirms Housing Society as “Consumer” under the Consumer Protection Act
- No Second Bite in the Cherry – Bombay HC Strikes Down Second Application for Deemed Conveyance After Rejection of Initial Application.
- Occupancy Certificate withheld for six years by the CIDCO – Highhanded action
- One Building, One Society – Shops Cannot have separate Society without legal division – Rules Bombay HC
- Open Plot – Unilateral Deemed Conveyance for society of composite members – (constructed bungalows and open plot holders)
- Parity Doctrine – SC Judgment – Implications for Buyers and Developers
- Permission for flatted building on a plot of coop housing soceity – Byelaws or amendment not registered / approved is not valid and enforceable
- PMRDA & CIDCO – Leasehold lands now Free-hold lands – Government Resolution of 11 Oct 2024
- Politics Vs Public Good of Slum Redevelopment
- Powers of SRA -Development / Redevelopment -Slum & contiguous Non-slum area – GR of 15.10.24
- Promoters Cannot Obstruct or Object Deemed Conveyance of Housing Society -Bombay HC
- Property Tax – Pune Municipal Corporation – Interesting facts of Amendment Act of 2023 with retrospective effect of 1.4.1970
- Pune City – Important questions raised in PIL are pending consideration of the Bombay High Court to save Pune City from the builders and eliminate the problems of traffic, garbage, drinking water, etc.
- Rajasthan RERA – Subsequent Security Interests of Lenders of Promoters Are Subordinate to the Allottees Rights & Prior Sale Agreement under Section 11(h) of the RERA Act.
- Re-development of Chawls – Interesting facts and important decision
- Re-development of society building – Right of Senior Citizens to shelter – Petitioner senior citizen is roofless for last 4 years at an old age and cannot be left to suffer on any delayed or impossible re-development.
- Redevelopment – Hurdle of objecting two members – Interim relief to solve stand-off
- Redevelopment – Plight of Tenants – Coercive demand of property tax for failure of Developer to obtain OC
- Redevelopment – Third party flat purchasers from developer have no privity of contract with housing society, its property and redevelopment
- Redevelopment – Developer & IBC – Classic impasse for permission – Society dilapidated building
- Redevelopment – Refusal of further permission only because the public road is less than 9 mts –Does it mean that the owner should on his own widen the public road to minimum width of 9 meters. Interesting case and facts as to how the authorities think and act against the public interest in redevelopment.
- Redevelopment – Slum Area – Eviction of Slum Dwellers
- Redevelopment – Tenancy Rights – Garages in Housing Society
- Redevelopment – Termination of appointment of Developer – Interim Injunction
- Redevelopment – Transit Rent paid by the Developer / Builder is not liable to TDS – Section 194(I) of the Income Tax Act, 1961
- Redevelopment approved by majority members – Dispute between legal heirs of only one deceased member in the Civil Court – Salutary and innovative order of Cooperative Appellate Court to pave way for redevelopment
- Redevelopment Dispute – Termination – New Developer & Injunction
- Redevelopment of Chandan Cinema in Juhu in the vicinity of defence establishment – Notification of 19.7.1976 – Works of Defence Act
- Redevelopment of dilapidated building
- Rejection of Technical bids of Tenders for Navi Mumbai Airport Infrastructure Works – Illegal
- Rent as per Ready Reckoner – Renewal of Lease of Government land
- RERA – Joint Liability of the Promoters even if home buyer had paid amounts to one of the promoters – Order of the MahaRERA Appellate Tribunal for refund by both the promoters – Legality
- RERA – Goa – Appointment of Member in Breach of recommendations of the Selection Committee
- RERA Act – Home Buyers – No bar to claim Interest claimed after taking possession of the flat – Relief to the home buyers
- RERA Act 2016 – Obligation of the promoter to deposit of amount awarded by the MahaRERA in the Appellate Tribunal – Mandate of proviso to Section 43(5) to entertain appeal of the promoter
- Retirement Homes for Senior Citizens – MahaRERA Draft Regulations of 2.2.2024 – Important salient features of Regulations on safety and security
- Right of owner to redevelop property Vs insistence of tenant(s) for “repairs”
- Rights of heirs of Executor of Will & also legatee / beneficiary
- Sales Tax dues of an proprietor – Attachment of jointly owned flat
- SC – Landowners not jointly liable with the Developer for construction delay or possession or deficiency in service
- SC – Consumer – Leasing a residential flat not commercial purpose – Consumer Rights of Home Buyer restored
- SC – Once Debt and Default are established, admission of Section 7 IBC Petition is mandatory.
- SC – Society Cannot Arbitrarily Defeat Membership
- SC for secure, tamper-proof technologies like Blockchain-based Digitzation of Property Documents and Land Records
- SC Landmark Reaffirmation of Sanctity of Registered documents to educe frivolous litigation over Sale Deeds
- SC Reinforced that consumer protection overrides restrictive builder-buyer one-sided, unreasonable clauses in standard form of the contract.
- SC Upholds Landowner’s Preferential Right in Slum Redevelopment
- Second holiday home – you can have – salutary takeaways of SEBI Guidelines allowing Fractional investment and ownership holiday home – you should know
- Section 11 of MOFA – Unilateral Deemed Conveyance – Whether it can be made subject to the right of way to the adjoining plot?
- Section 11 of MOFA – Deemed Conveyance – Powers of Competent Authority – SC Judgment
- Section 11 of MOFA Act, 1963 – Deemed Conveyance as per terms of Agreement
- Section 13(2) of Slum Act – Termination of Developer after 31 years
- Section 154B-13 of the MC Societies Act – Mandatory Duty of the Housing Society to transfer shares and admit nominated person as Member
- Section 154B-29 of the Maharashtra Cooperative Societies Act, 1960 – Certificate for recovery of maintenance against legal representatives – Maintainable
- Section 17 AA Interim relief Not Automatic in Redevelopment Arbitration
- Section 17(2)(vi) of the Registrar Act – Compromise in divorce petition
- Section 18 of RERA – Can home buyer withdraw from the project after OC
- Section 18 of the MC Societies Act – Division of Societies
- Section 21A of MCS Act – Purchasers – No locus standi to challenge registration
- Section 22(2) of MC Societies Act – Membership of Housing Society on the basis of Purchase of Basement & Parking Area
- Section 28 of the MCS Act – Purchase of Five Bungalows by the Company in the Housing Society
- Section 3-D of the National Highways Act, 1956 and Extinguishment of Leasehold Rights
- Section 36 of the Maharashtra Public Trusts Act, 1950 – Salutary provisions – Sale of the Trust Property – Powers and Duty of the Charity Commissioner
- Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950 – Extension of time for sale deed
- Section 48A of the Maharashtra Stamp Act – Limitation for refund starts from the date of execution of cancellation deed
- Section 48A of the Maharashtra Stamp Act – No express powers to review earlier order of refund of stamp duty
- Section 48A of the Maharashtra Stamp Act – Refund of stamp duty wrongly retained – Interest granted
- Section 55 of the Maharashtra Rent Control Act – Effect of non-registration of lease agreement
- Section 56(2)(x) of the Income Tax Act – Redevelopment – New Flat in lieu of old flat – Tax liability
- Section 63 of Bombay Tenancy Act, 1948 – Penalty & resumption of land
- Section 9 Petitions – Interim Relief – Access to the amenities in Lodha Worli
- Section 96(b) of the Cantonment Act 2006 – Constitutional Validity – Pre-deposit of Property Tax
- Sections 33 & 38 of the Maharashtra Slums Act, 1971
- Sections 52 and 53 of MRTP Act – Tenant cannot challenge notice of Municipal Corporation
- Sections 6, 9, 154B-2(4) and 154B-1(8).of MC Societies Act and Section 10 of MOFA.
- Service Tax for land owner’s share under “construction of residential complex services”
- Slum Land – Compulsory Acquisition Vs preferential right of owner for redevelopment
- Slum Redevelopment – SRA – Pre-emptive or preferential right of Public Sector Undertaking over Private Developer – Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
- Society Bifurcation Upheld : Bombay HC No Need for CIDCO Permission – Section 18 of the MC Societies Act.
- Society Wins Conveyance, Owners Must Go to Civil Court : Bombay HC Mandate
- SRA – Demolition of 17-years redeveloped building to give benefit of DPCR 2034 to new developer
- SRA – Redevelopment – Section 13(2) of Slum Act 1971 – Termination of Developer
- SRA Redevelopment – Height Clearance NOC of Airports Authority of India
- Stamp Duty – Development Agreement – Revenue sharing of sale proceeds with Owner – Market Value –
- Stamp duty – 1989 Agreement – Duty paid in 1995 under Amnesty Scheme – Deficit demand in 2016
- Stamp Duty – Property of Public Trust – Market value of property sold in auction – Rule 4 of the Maharashtra Stamp Rules 1995
- Stamp duty paid in 2013 – Refund application made in 2019 – period of limitation – Section 48 of the Maharashtra Stamp Act
- Stamp Duty Refund for Developer’s Default & Court Delay – Illegal
- Subvention Home Loan – Default of EMI payments by Builders
- Super area – extra amount of increased sale area – Developer must give reasons, computation & calculations
- Supreme Court – Succession Certificate obtained behind the back of a known minor legal heir is vitiated
- Supreme Court – Insolvency Code cannot be invoked to revive terminated development agreements
- Supreme Court – Landmark Judgment of 8.12.2025 on Judicial Restraint in Fiscal Matters including revision or increase of property tax
- Supreme Court Confirmed Deemed Conveyance
- Supreme Court Invalidates Change of Land Use for Cement Unit – Master Plan Cannot Be Bypassed
- Supreme Court landmark Judgment to eliminate unauthorised construction
- Supreme Court on Rule 107(11)(g) to (k) of 1961 MC Societies Rules and Failure to deposit auction amount within stipulated period.
- Supreme Court Restored the Bidder’s Rights in auction of industrial plot
- TDR for Development of road constructed in 2011 in Pune Municipal Corporation area at the cost and expenses of members of the Petitioner – CREDAI-METRO PUNE Association
- Third party buyers cannot be dragged into arbitration.
- Title Dispute of Open or Garden Area of Row House & Transfer of Membership
- Title Insurance – Protection to the owners and lenders against financial losses from the defects in the title or ownership of a property.
- Tourism Growth Oriented Policy Decision of 11.12.2025 – Additional FSI, Space Utilization and Incentives for Tourism units.
- Unconditional Withdrawal of Civil Suit – Whether Bar to Section 11 MOFA Application for Deemed Conveyance – Applicability of Order 26 Rule 1(4) CPC
- Unilateral Conveyance – Dispute of extent of land and recreational ground
- Unilateral Conveyance Deed – Section 20(4) of MRTP Act – MOFA and Rule 9 of MOFA Rules, 1964
- Unilateral Deemed Conveyance – Parameters of powers under Section 11 of the MOFA Act – Authority performs obligation and duty for the failure of promoter
- Unilateral Deemed Conveyance – Refusal on account of pendency of a title civil suit between promoter and other persons – Illegal
- Unilateral Deemed Conveyance – Federation of Housing Societies Vs Individual society
- Unthinkable – Bengaluru prefers tenant with 90% in Class 12th
- Urban Land Ceiling Encumbrance Exemption – Premium for Surplus land
- Validity of Rule 13.3.1.5 of the Development Control Rules of Pune City
RERA
September 2023
- Arbitral Award for compensation of 3 months as against 17 months for remaining lock in period of lease
- Arbitration –Maintainability of Section 9 Application against MSME
- Arbitration for employment disputes
- Banks Vs. Home Loan Borrowers Vs. Return of original documents after loan is fully paid = Hardship & Inconvenience
- Bill of Entry – Mistake of importer in giving incorrect GSTN number can be corrected under Section 149 of the Customs Act 1962
- Cancellation of GST registration without assigning reasons in the show cause and the order – Illegal
- Constable in Railway Protection Force is a “workman” under Employees (Workmen) Compensation Act 1923.
- Corporate Criminal liability of erstwhile Bank on successor Bank after amalgamation under the Banking Regulations Act.
- Costs of Rs.3 lakhs imposed by the High Court on authorities is donated by the petitioner-student to Tata Memorial Hospital
- Dividend Income – Tax Credit to Joint Venture – Oman Tax Laws and Double Taxation Avoidance Treaty
- E-rickshaw – Pune District – Appointment of Consultant – Maharashtra Electric Vehicle Policy 2021
- Garage owner – Can he become regular member of Coop Housing Society – Interesting facts of the recent decision
- High Court can grant stay to compensation award even pending application for condonation of delay in filing appeal
- HIV – medical negligence – discharge of IAF official from service – landmark eye opener Judgment dated 26.9.23 of the Supreme Court of India
- IBC – Auction – Liquidator cannot cancel an auction on expectation of higher price in fresh auction
- IBC – Inclusion of claim in CIRP at a belated stage and after approval of RP by COC but before approval of Adjudicating Authority is not permissible.
- IBC – IRP Appointment – Disciplinary Committee – Important questions of law and public importance raised in the writ petition
- IBC – Liquidator’s fees – Clarification Circular dated 28.9.2023 on the different interpretation of terms -IBBI (LP) Regulations 2016
- Injunction against enforcement of permanent injunction of Singapore Court against plaintiff from pursuing NCLT petition in India.
- Levy of Service Charges for recording transfer or assignment of life insurance policy is not legal – Section 38 of the Insurance Act 1938
- LMV Driving Licence & Transport Vehicle – Review of 2017 Judgment of the Supreme Court to consider consequences and social issues
- National Scholarship Scheme – Students of unaided private schools are ineligible
- New Regulation 3A of IBC Regulations 2016 requiring personnel of Corporate to provide assistance and cooperation to IRP / RP
- Obligation of Children to ensure that parents senior citizens lead normal life with dignity and security.
- Section 31D of the Copyright Act – What it permits and What it prohibits – interesting dispute between Tips and Wyank
- Section 7 of IBC – Interplay of Sections 5 & 18 of the Limitation Act for counting period of limitation.
- Section 80P of Income Tax Act 1961 – Deduction – Cooperative Society for profits arising out of credit given to its members
- Senior Citizens Act, 2007 – Annulment of Deeds of Property Gift to the son for denial of basic amenities to the mother
- Service Jurisprudence – Importance of clean acquittal for appointment in police service
- Stamp duty paid in 2013 – Refund application made in 2019 – period of limitation – Section 48 of the Maharashtra Stamp Act
- TDR Certificate for DP Road of 30 mts width used in the land of Coop Housing Society in Bibavewadi Tq Haveli District Pune
- TRAI – Reduction in Entry Fees for mobile and other telecom sevice licences – Salutary Recommendations
- Two anti-podal petitions under Section 9 of the Arbitration Act for diametrically opposite prayers of Developer & another of Housing Society.
- Venue of Arbitration – Mumbai shown in the invoice of applicant-supplier and Kolkatta in the purchase order of respondent
- Very interesting facts on answer Key to 4 Questions of Preliminary Examination for post of Civil Judge of Uttarakhand
September 2024
- Accident – Contributory Negligence of Driver – A passenger is not a backseat driver.
- Accident compensation – Death of Victim disputed in view of Postmortem Report
- Bank Account – blanket freezing at the instance of police without qualifying amount and perpetually is illegal
- Cantonment Area of Pune – Unauthorised Constructions in Red Zone
- Compensation -loss of original title deeds by the Bank
- Consumer Complaint – Defects in the Flats construction – Joint liability of Developer & land owners
- Criminal prosecution of client – Non-payment of Legal Fees at 1% of the agreement consideration
- Deemed Conveyance for the property of an individual owner in Society building
- Environment – Post facto CRZ Clearance – Legality of OM dated 19.2.2021
- HDFC Bank – Complaint of harassment by the borrower to the Minority Commission
- Insurance – Repudiation of Claim – Transfer of vehicle – Section 157 of the MV Act
- IRDAI – Master Circular dated 5.9.2024 – Protection of Interests of Policyholders
- Landmark judgment – Interplay of Cr PC & BNS – Dementia – Duty of the Court
- Legal Aid to litigants – Fees of Advocates -Maharashtra Legal Services Authority
- Local Body Tax – Appeal – Pre-deposit of “disputed tax” – Scope of – Section 406(8) of MMC Act
- National Highways Act – Section 3D – Relevant date for Interest on enhanced compensation
- Police Head Constable – Absence from duty due to transfer – Salary for Non-joining at the place of transfer
- RERA – Goa – Appointment of Member in Breach of recommendations of the Selection Committee
- Section 5(2) of the Indian Telegraphs Act, 1998 – Interception of telephonic messages of public servant
- Section 96(b) of the Cantonment Act 2006 – Constitutional Validity – Pre-deposit of Property Tax
- Senior Citizens Act – Maintenance of parents does not depend on property given to the children.
- Telecom Cyber Security – Draft Rules of 2024
- Territorial jurisdiction – Bombay High Court – Rule 10 of the Central Excise (Appeal) Rules, 2001.
- WhatsApp Chatbot of the Delhi High Court – case real time updates
September 2025
- Arbitration – When Guarantee Deeds Echo Loan Agreement
- Arbitration Clause & Post Decree Disputes – Bombay HC Draws Line
- Beyond Clause – Why MSMED Act Determines Seat of Arbitration
- Bombay HC Declines Arbitration Control – Telangana Plant Insurance Dispute
- Bombay HC on Share Trade Confirmation over Procedural Gaps
- Bombay HC rejects Discharge Plea of Karvy CEO in SEBI Case
- Bombay HC Simplified New Promoter Transition for Consent Rule
- Calcutta HC – Arbitration – Amendment must be timely & justified
- Collateral lies Don’t Void In Coverage – PH HC on Insurance Repudiation
- Consultant Doctor is not employee of Private Hospital – TDS Clarification
- CREDAI wins clarity in SC – Urban Projects near Sensitive Zones
- Developers Win as Karnataka HC Scraps RERA Delay Fees Circular
- Digital Access in New Buildings – Beyond Brick and Mortar
- Disabilities Act – Approach and Attitude of the State
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- Foreign Social Media – No Fundamental Rights – Karnataka HC favours Government’s Online Oversight
- Fresh Lease, Fresh Duty – Bombay HC – Stamp duty on renewals
- From Accident Injury to Mortality – SC for Proof Beyond Proximity
- From Goa to Interpol – Aadhar Card Trail of Foreign National Faces legal Heat
- From Tweet to FIR – Not Without Due Process & Prior Inquiry
- From Tweet to FIR – Not Without Due Process & Prior Inquiry
- Home Loan Borrower’s death – Policy Ambiguity & Contra Proferentem
- IBC & Home Buyers – Financial Creditors Vs Speculative Investors
- Indiscipline in Uniform – Absenteeism – Zero tolerance of SC
- Insurance – Pay and Recovery – Utility & Goods Vehicle
- Investor Disputes – Bombay HC Quashes Arbitral Awards of NSE, BSE & MCX
- Justice for the Bar – SC shields Advocate from harassment
- Justice over Limitation – Stamp duty refund – failed Foreign Investment
- Lenders Rights on Pledged Shares after closure dates
- Limits of Seizure of Immovable Property by Police – Section 102 Cr PC & Section 4 MPID Act
- Married in India, Divorced Abroad by Foreign Court
- Medical Negligence – SC vindicates Doctors & Treatment
- Membership of Housing Society – Welfare Fee is Legal Camouflage
- No Hearing, No Justice – HC Rebukes Drug Production Ban
- Offence -Mah Non-biodegradable Garbage (Control) Act
- PIL for removal of Mobile Towers in PMC, PCMC & PCNTDA
- Public Place & Private Use – SC clarifies vehicle tax exemption
- Recovery of Housing Society’s Dues – Registrar’s Duty is Not Optional
- Sale of Trust Property – Three Classic requirements
- SC – Highest Sale Exemplar must guide land compensation
- SC – Legal Metrology Search Must Follow Cr PC for search
- SC – Procedure is handmaiden of justice, not its mistress
- SC -Technical Bid – disqualification must be based on clear grounds
- SC Clarifies – Who counts as Party for Delivery of Arbitral Award?
- SC Defines Boundaries -Mobility from Reserved to General category
- SC Reaffirms Limits of Property Title – GPA & Agreement to Sell
- SC Reimagined Cheque Bounce Cases
- SC Reimagined Compensation in Functional Vs. Medical Disability
- SC Upholds Home Buyers Rights – IBC Resolution Plan
- SC upholds pendente lite interest despite contractual bar
- Section 13(8) of SARFAESI Act – Right to Redemption of Mortgage & Rights of Auction Purchaser
- Section 148 -NI Act – 20% payment pending appeal against conviction
- Section 9 of the Arbitration Act – Territorial Incompetence
- Share Holders Agreement Enforcement in India through Foreign Arbitral Awards
- Stamp Duty refund – Court Upholds Restitution and Interest
- Stamp duty refund -Transaction Fails – No Cancellation Deed
- Stamp Duty Refund for Developer’s Default & Court Delay – Illegal
- Virtual Bonds – Real Love – SC upholds visitation rights of father
- When Rule 96(10) Disappears, So Do it Shackles of GST Refund
- When Sudden Death Meets Policy Silence
Service Law
- Beyond Formal Equality : Delhi HC on Disability, Appointment, Confirmation and Relaxation
- Bombay HC – Employees appointed prior to 31.10.2005 in the partially aided division of 100% aided schools – Old Pension Scheme under MCS Pension Rules 1982
- Bombay HC – Section 17A of the Prevention of the Corruption Act – Cannot Be Misused as shield in Disproportionate Assets Case – Role of Competent Authority is limited
- Bombay HC – Acquittal in bribery case does not guarantee full salary for suspension period – Employer not liable for employee’s bribery prosecution
- Bombay HC – Back wages Not Automatic – Require Proof of Employment
- Bombay HC – Bombay HC – POSH Inquiry Report carries full weight as Inquiry Report for major penalty
- Bombay HC – Departmental inquiry must be evidence – based, FIR Registration alone is not sufficient.
- Bombay HC – Disability Pension Protects Military Personnel Through Socio-Economic Justice
- Bombay HC – Limits of Interference by University Tribunal in Disciplinary Penalty and Findings of Enquiry Officer
- Bombay HC – Quashes Staggered Salary Payment for Assistant Teacher transferred to aided post in private school
- Bombay HC – Section 35 of the MC Societies Act must be used only in clear cases of destructive conduct, not to suppress accountability.
- Bombay HC – Termination for Disability while in Service is illegal under Section 47 of the PwD Act.
- Bombay HC Equal Pay for Equal Work – Employees of Gram Panchayats absorbed in Municipal Corporation
- Bombay HC on Eligibility for the post of Nurse / Health Worker (Female) – Qualifications of General & Nursing Midwife & B.Sc. (Nursing)
- Bombay HC Quashes DPC Order, Restores 2024 Seniority list for promotion to the post of Superintending Engineer in Pune Municipal Corporation.
- Bombay HC Strikes Down Denial of Promotion for Higher Scale based on uncommunicated adverse remarks
- Compulsory Retirement of Junior Engineer – Pune University – Maharashtra Non-Agricultural Universities & Affiliated Colleges Standard Rules, 1984.
- Concealment of Medical Unfitness Vitiates Appointment
- Cooperative Housing Society – Required number of members for registration
- Disabilities Act – Approach and Attitude of the State
- Disciplinary Enquiry – Charge sheet after 12 years illegal says Supreme Court
- Disciplinary Inquiry – Non-supply of preliminary inquiry report & Principles of Natural Justice
- Discipline over Sympathy – CISF Service – Dismissal for Bigamy
- Dismissal – Misconduct in education department – Disciplinary inquiry by the High Court after appointment as Civil Judge
- Dismissal of Court Employee for Unauthorised Absence for five days and Submission of a fabricated medical certificate
- Duty of Traffic Supervision at Bus Depot is Frontline Duty under COVID-19 – Bombay HC Holds MSRTC Employee entitled to Ex-gratia Compensation
- Employment Agreement – Exclusive Jurisdiction Clause – Section 28 of Contract Act & Section 20 CPC
- Forfeiture of Gratuity of Bank Regional Manager – Bombay HC
- Graduate Pay Scale to Subject Teachers of RTE Act
- HDFC Employment Contracts Jurisdiction in Mumbai Courts – Suit against termination filed in Nagpur Court – Maintainability
- Higher Qualification Cannot Substitute Appointment Eligibility
- IAS Officers of MP cannot be reporting, reviewing or accepting authority for performance appraisal of IFS Officers
- IIT Bombay – Non-Renewal of Contractual Appointment
- Interest on retiral benefits – Doctrine of restitution from due date when Employee exonerated in disciplinary inquiry
- Justice for Frontline Heroes – Insurance Benefits Restored by the Bombay HC
- Justice in Milli-meters – Bombay HC rounded height criteria to higher stage for Armed Forces Entry
- Leave Encashment of unutilized leave earned during Re-employment
- Limits on Court Martial after Criminal Court Discharge
- Liquidated damages for resignation before prescribed period – Indemnity Bond
- Maternity Leave – Third child from second marriage – Object is to protect dignity of motherhood
- Medical Re-verification of Disability of Govt. Employees
- Medical Reimbursement under CGHS for Heart Transplant at the private hospital – Central Govt Pensioner
- Misconduct in passing Land Settlement Order- Quasi Judicial function – Judges Protection Act 1985 –
- Nominee is Receiver, Not Heir – Supreme Court Clarifies GPF Nominee’s rights
- Paralysis Disability while in service – Section 47 of the Persons with Disabilities Act, 1995
- Parents of deceased “unmarried” employee are eligible for pension – Rule 116(16)(b) of the MCS (Pension) Rules, 1982
- Payment of Gratuity Act – Applicability to Employees of Heavy Water Plant, Department of Atomic Energy
- Pension Cannot Be Withheld for Section 138 NI Act Conviction
- Persons with disabilities – Regularisation in service sought to be taken away with retrospective effect
- Probation – Continuation for 6 years without confirmation shocks judicial conscience –
- Probationer – Deemed Confirmation – Termination – Stigmatic
- Promotion – Sealed Cover Procedure – Deemed Date
- Pune University Registrar’s Appointment Challenge Dismissed
- Quashing of Criminal Case – Prevention of Corruption Act & IPC – Sanction to prosecute After Retirement
- Removal from Service for absenteeism – Whether entitled to Compassionate allowance
- SC – Pay-reduction penalty permissible and enforceable after retirement of Bank employee, as per service regulations.
- SC – Disability Pension to Ex-Servicemen is a recognition of sacrifice and right to arrears cannot be diminished by limitation law
- SC – SAIL Gratuity Rules – retired employees cannot retain quarters and simultaneously claim gratuity with interest
- SC Bars Retrospective Change of Recruitment Rules after Written Examination
- SC Clarifies – Exoneration in Departmental Inquiry No Bar to Criminal Trial
- SC Clarifies Section 59(2) of the Factories Act – Overtime includes HRA, TA and Other Allowances.
- SC Says that the Employers Cannot Haunt Retirees Without Statutory Authority and Powers
- SC Upholds Diploma Holder’s Eligibility for Pharmacist Posts – Statutory Recognition Prevails
- School Tribunal – Maintainability of Appeal against Grant of Higher Scale of Trained Teacher – Section 9 of MEPS Act
- Supreme Court – Relaxation in Eligibility Criteria Vs. Merit Determination
- Supreme Court – Section 45A ESI Act Applicable, Available & Can Be Invoked Only when No Records Produced by the Employer
- Supreme Court Confirmed Deemed Conveyance
- Supreme Court Ruling Curriculum Defines Qualifications and Eligibility Criteria
- Supreme Court Strengthens Jurisprudence of Service Law on Fairness and Due Process in Disciplinary Inquiry
- Suspension at the fag end of service – Charge Sheet served 12 days before retirement
- Termination – Disciplinary Inquiry on Anonymous Complaint after 16 years – Propriety and Legality
- Termination of Chief Human Resources Officer of National Stock Exchange – Maintainability of Writ Petition
- Truthful Disclosure of Antecedents – Foundation for Bank Employment
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- Women Reservation – Non-creamy layer certificate dispensed with by the GR 4.5.2023
Supreme Court
- : SC Upholds Boiler Claim of Sugar Factory : Insurer Cannot Repudiate Without Proof
- Accident – Contradictory stand of employer in disciplinary inquiry and in claim petition
- Accident – Contributory Negligence of Driver – A passenger is not a backseat driver.
- Accident – 100% permanent disability and mental disability – Salutary principles for compensation
- Accident – Compensation – Truck driver – Considerations to determine Income
- Accident – Reduction in compensation for filing IT Return after date of the incident – Illegal
- Accident Compensation – Court cannot sit over disability determined by Medical Board
- Accident Compensation – Duty of the Court to award just compensation even if less valuation is made by the claimant
- Accident Compensation – Breach of Policy & Doctrine of Pay & Recover
- Accident Compensation – Contributory Negligence – Assessment
- Accident Compensation – Contributory Negligence – Site plan filed first time in the Supreme Court
- Accident compensation – Loss of future income – Deduction that the appellants stepped into the business of deceased parents – Illegal
- Accident of tractor – death of coolie travelling in trailer – liability – Section 147(1)(b) – MV Act
- Age Bar in Surrogacy Act Not Retrospective – Supreme Court Upholds Reproductive Rights
- Arbitral Award – SC says No compound interest without contract
- Arbitral Award Delivery Delay is not a mere procedural lapse but erodes the ltigitmacy of the Award.
- Arbitral Award of Damages for Loss of Profit on short closure of the contract
- Arbitral Tribunal has powers to implead a non-signatory as party to the counter claim
- Arbitration – Observations of Supreme Court – Eye opener on Arbitral Process
- Arbitration – Scope of powers under Section 37 including remand
- Arbitration – Collaboration & Tripartite Agreements with Veritable Party
- Arbitration – Letter of Intent – Two Contract Case – Amenability to arbitration proceedings
- Arbitrator’s Continuation Impermissible After Mandate Ends – Rules Supreme Court
- Article 20(1) of the Constitution of India – Conviction under Sec.16(1)(a)(I) read with Sec.7 of the Prevention of Food Adulteration Act repealed by Food Safety and Standards Act, 2006 – Benefit of lesser punishment under new law
- Award Must Resolve, Not Recycle Disputes : SC on Arbitrator’s Indecisiveness
- Bank Accountable for Failure to timely Re-present Cheque
- Bombay HC – Disclosure Obligations of Arbitrator under 1996 Act do not apply to 1940-Act Arbitrations.
- Caste Certificate annulled and retiral benefits denied – Supreme Court exercised the powers under Article 142 of the Constitution to grant the pension benefits.
- CGST Act – GST Input Credit of Goods & Services in the Construction of Malls for rental income
- Chartered Accountants – Restrictions of ICAI on number of statutory tax audits
- Compensation – Application of “Split Multiplier” for reduction in loss of dependency – pre & post-retirement income
- Compensation – Major sons and married entitled as legal heirs of deceased victim
- Compensation determined by the Court even if more than claimed can be granted
- Compensation Does not Die – SC Judgment Redefines Rights of Legal Heirs of Accident Victim
- Compensation for purchase of Prosthetic Limb & Maintenance
- Compensation in foreign currency – Exchange rate on the date of accident or filing petition
- Concealment of Medical Unfitness Vitiates Appointment
- Consumer -Rs.5 lakhs invested in the partnership firm – Commercial transaction for profit / gain – Claim against legal heirs of deceased partner
- Consumer – Chit Fund Company – Whether a “consumer” and whether its “service” was for “commercial purpose” – Important questions – Landmark Judgment of the Supreme Court
- Consumer – Company Car Use by Director – Whether for commercial purpose
- Consumer Complaint – Defects in the Flats construction – Joint liability of Developer & land owners
- Consumer Protection Act – Flat Agreement – Interpretation of terms and conditions – Claim of hume buyers for refund of amount on termination of agreement – NCDRC however directed to give possession
- Consumer Protection Act – Insurance Policy of the Company for Standard Fire and Perils is not for a commercial purpose
- CREDAI wins clarity in SC – Urban Projects near Sensitive Zones
- Criminal Justice – Denial of exemption from Personal Appearance prior to grant of bail after filing charge-sheet
- Criminal Justice – Non-bailable warrant cannot be issued in a route manner
- Criminal Justice – Quashing of the charge-sheet for offences of sections 405 and 506 of IPC relating to property transactions
- Criminal Prosecution for Civil Disputes of property transactions – Caution of the Supreme Court of India
- Culpable homicide – Electrocution of employees working on shop sign board
- Customs Act – Conviction under Section 135(1)(b)(i) based on confessional statements under Section 108 – Admissibility
- Date of birth in Aadhar Card is no proof for compensation multiplier
- Delay – Condonation of Gross delay of 12 years and 158 days – Question of limitation is not merely a technical consideration – Rules of limitation are based on the principles of sound public policy and principles of equity
- Digital India – Digital KYC – E-KYC – Exclusion of persons with physical disabilities
- Disciplinary Enquiry – Charge sheet after 12 years illegal says Supreme Court
- Disciplinary Inquiry – Non-supply of preliminary inquiry report & Principles of Natural Justice
- Discipline over Sympathy – CISF Service – Dismissal for Bigamy
- Dismissal – Misconduct in education department – Disciplinary inquiry by the High Court after appointment as Civil Judge
- Dismissal of Court Employee for Unauthorised Absence for five days and Submission of a fabricated medical certificate
- Employment Agreement – Exclusive Jurisdiction Clause – Section 28 of Contract Act & Section 20 CPC
- English Court Summary Judgment vs Section 13 CPC
- Equity Over Error – SC Balances Justice in MV compensation
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- Family Court order for father to “apply-each-time” for visitation during visit to India to meet daughter
- FIR in 2017 for offences of Sections 406 and 420 IPC – Non-payment of goods supplied in 2014
- Food Safety and Standards Act, 2006 Vs. Offences under Sections 272 & 273 of the Indian Penal Code – Interplay – trial of offender under both enactments – Overriding Effect of Section 89 of FSSA
- Forest Offence – Moving of sandalwood by itself does not amount to
- Freezing / Attachment of Accounts Accused – Section 102 of Cr PC & Section 18A of the Prevention of Corruption Act
- Higher Qualification Cannot Substitute Appointment Eligibility
- Hospital – Uniform standard hospital charges – Rule 9 of the of the Clinical Establishment (Central Government) Rules, 2012 – Important issue raised in PIL by NGO Veterans Forum for Transparency in Public Life –
- IAS Officers of MP cannot be reporting, reviewing or accepting authority for performance appraisal of IFS Officers
- IBC Misuse for Recovery of Civil Court Decree
- Importance of Marriage ceremony – Salutary observations of the Supreme Court
- Indigent Person – Court fees – Insurance Claim
- Industrial Disputes Act, 1947 – Regional Business Head in the grade of Senior B2 Sale – Whether “Workman” under Section 2(s) – Maintainability of Reference to the Labour Court –
- Insolvency – Home Buyer Claim
- Insurance – Essential to provide copies of surveyor / investigator reports to the insured to call for objections before repudiating the claim
- Insurance – Contractor’s All Risk Policy – Collapse of bridge
- Insurance – Difference of opinion of two Surveyors on cause of loss either seepage or heavy rains
- Insurance Claim – Repudiation for non-payment of national permit authorisation fees of truck
- Insurance claim – Repudiation for partial non-disclosure of material facts of other policies
- Insurance Policy – Repudiation on the ground of material suppression of existing life insurance policies from other insurers – Section 45 of the Insurance Act, 1938 –
- Insurance Special Condition “Voyage should commence & complete before monsoon sets in”
- Interest rate on refund of flat amount
- Justice for the Bar – SC shields Advocate from harassment
- Lease – DDA – TP Act 1882 – Lease hold plots became property of transferee Company on amalgamation – Lease conditions still apply – Supreme Court of India
- Leave Encashment of unutilized leave earned during Re-employment
- LIC – Concluded Contract of Insurance – SC important decis
- Limitation – Appeal against acquittal – Section 378(5) of Cr PC – Benefit of Section 5 of the Limitation Act to condone delay is available.
- Limits on Court Martial after Criminal Court Discharge
- Liquidated damages and Extension of time to complete the project
- Liquidated damages for resignation before prescribed period – Indemnity Bond
- Maternity Leave – Panel Lawyer of Legal Services Authority
- Maternity Leave – Third child from second marriage – Object is to protect dignity of motherhood
- MBBS Admission – Persons with Disability
- MBBS Course – Denial of admission to a student with disability
- Misconduct in passing Land Settlement Order- Quasi Judicial function – Judges Protection Act 1985 –
- Mistake of contractor in giving in bid price – Encashment of bank guarantee
- MOFA – Deemed Conveyance – Quasi Judicial Authority – Res Judicata
- MSMED Act & IBC – Objection to Arbitral Award in execution petition without challenging it in section 34?
- No Guarantee, No Insolvency – Supreme Court Judgment of 6.1.2026.
- No More Split Multiplier : Apex Court Reinforces Guidelines in Accident Claims
- Nominee is Receiver, Not Heir – Supreme Court Clarifies GPF Nominee’s rights
- Parity Doctrine – SC Judgment – Implications for Buyers and Developers
- Payment of Gratuity Act – Applicability to Employees of Heavy Water Plant, Department of Atomic Energy
- Peaceful pamphleteering & banner against the Developer – Criminal defamation
- Personal Loans Cannot Dilute Duty of Maintenance
- Personal property converted to the Partnership property – becomes property of firm
- Persons with disabilities – Regularisation in service sought to be taken away with retrospective effect
- Persons with Disabilities & Persons with Benchmark Disabilities – distinction for recruitment examinations
- PIL – Mis-utilization of funds of Rs.98 crores by Agriculture Produce Marketing for construction of 5 star hotel on its land earmarked for market yard
- Power Distribution Licensee – Imposition of Reliability Charge
- Pre-arrest bail to accused Police Officer – Presumptions and considerations applied to a lay person may not carry same weight while dealing with Police Officer who is alleged to have abused his office and duty.
- Prevention of Corruption Act, 1988 – exoneration of the accused in the income tax case cannot absolve under PC Act – Important Judgment of the Supreme Court.
- Profit-oriented purchase of software is not covered by the Consumer Protection Act.
- Prominent changes in Sec.175 BNSS in comparison to Section 156 Cr PC
- Public employment – Selection and appointment – Non-disclosure of criminal case and acquittal in the affidavit given after selection – Effect –
- Quashing of FIR for offences under Sections 186 and 353 IPC
- Railways – Freight Charges – Difference between Overcharge against Illegal Charge – Refund of Freight charges on account of change in policy and revision of distance table – Section 106(3) of the Railways Act, 1989
- Reference of Dispute by Insured to Arbitration after full and final discharge voucher
- Remedy for Legal Heir to challenge Arbitral Award
- Repudiation of Insurance Claim on the ground that the loss was outside policy
- Resignation – forceful or not out of free will – consideration and requirements of essential ingredients – Supreme Court of India
- Resignation – Legality of rejection of request for withdrawal of prospective resignation – Principle of vinculum juris that relationship of employer and employee continues during resignation notice period.
- Sandmining impact on Environment –Supreme Court Judgment
- Saptpadi – Marriage is solemnized, becomes complete and binding when seventh step is taken – Interesting facts unfolded in SC Order –Sections 7 and 8 of Hindu Marriage Act –
- SC – Landowners not jointly liable with the Developer for construction delay or possession or deficiency in service
- SC – Legal Aid Must Be Timely, Accountable & Digital
- SC – Legal Metrology Search Must Follow Cr PC for search
- SC – Liability of Driver and Bus taken for election duty – Accident Compensation
- SC – Pay-reduction penalty permissible and enforceable after retirement of Bank employee, as per service regulations.
- SC – Section 13(1A) of the Commercial Courts Act
- SC – Section 21 Arbitration is directory, Not Mandatory
- SC – Section 4A(3)(b) of the Employees Compensation Act – Penalty on Insurer
- SC – 65 Days of Marriage, 10 Years of Litigation – Mediation is the Noble Path
- SC – Consumer – Leasing a residential flat not commercial purpose – Consumer Rights of Home Buyer restored
- SC – Conviction of 1994 under Essential Commodity Act Quashed – Cement Control Act Inapplicable Post-1989.
- SC – Disability Pension to Ex-Servicemen is a recognition of sacrifice and right to arrears cannot be diminished by limitation law
- SC – Once Debt and Default are established, admission of Section 7 IBC Petition is mandatory.
- SC – Private Doctors Requisitioned in Covid-19 Entitled to Rs.50 lakhs PMGKY Insurance
- SC – Purchaser of property after an arbitral award and during its execution being a transferee pendente lite cannot resist execution of award.
- SC – SAIL Gratuity Rules – retired employees cannot retain quarters and simultaneously claim gratuity with interest
- SC – Section 202 Cr PC Inquiry Not Mandatory Complaint is by a Public Servant – Drugs Inspector in discharge of official duties under the Drugs Act and the Rules
- SC – Society Cannot Arbitrarily Defeat Membership
- SC Bars Retrospective Change of Recruitment Rules after Written Examination
- SC Cautioned Insurers against denying claims based on speculative or irrelevant technicalities.
- SC Clarifies – Exoneration in Departmental Inquiry No Bar to Criminal Trial
- SC Clarifies – Section 138 NI Act Tied to Payee’s Bank Branch
- SC Clarifies – AICTE Career Advancement Regulations Do Not Govern State Recruitment of Professors in State Government Engineering Colleges
- SC Clarifies – Trustee Alone Liable in Cheque Bounce Case, Not the Trust
- SC Clarifies Consumer Status of Corporate Body in FDR Fraud Disputes – Upholds NCDRC’s dismissal of consumer complaint
- SC Clarifies Distinction Between Filing Vs. Registration under NCLT Rules – Refilled Amended Petition of Homebuyers Maintainable
- SC Clarifies on SEZ Framework and Customs Duty – Adani Power Judgment of 5.1.2026.
- SC Clarifies Section 29A – Award passed after expiry of Mandate is unenforceable but not void
- SC Clarifies Section 59(2) of the Factories Act – Overtime includes HRA, TA and Other Allowances.
- SC Clarifies Section 9A of Stamp Act – Society Registration is Conclusive Proof for exemption
- SC Cuts NCDRC’s Award of Rs.2 crores for faulty hair cut at ITC Beauty Salon, for lack of evidence
- SC Discourages post-award enforcement litigation
- SC Enhances Compensation for Parents of 14-year-old Accident Victim
- SC for secure, tamper-proof technologies like Blockchain-based Digitzation of Property Documents and Land Records
- SC Judgment of 269 pages Brings Clarity on Termination of Arbitral Proceedings
- SC Judgment of 3.2.2026 – Enforcement of Arbitration Agreement Begins with its Authenticity
- SC Judgment of 5.1.2026 – Neutrality in Arbitration Reinforced
- SC Landmark Judgment on IBC – IP Interface on title to the trademark of the corporate debtor
- SC Landmark Reaffirmation of Sanctity of Registered documents to educe frivolous litigation over Sale Deeds
- SC Landmark Ruling on Medical Negligence, Hospital Accountability, Patient’s Rights to Compensation and Jurisdiction of Medical Council
- SC Mandates Disclosure of Pending Litigation in Auction Notice
- SC observations on Arbitral Process need consideration
- SC on Arbitral Award with 24% interest as per loan agreements – Valid
- SC on grant of Bail – Cheating and Breach of Trust involving Rs.11.52 crores – Criminal Antecedents & Long Abscondence of accused
- SC on Letter of Intent, Legal Character, Rights of Parties
- SC on Negligence – Accident between Trailer & Truck and safe distance under the Rules of the Road Regulations, 1989
- SC on Policy Coverage of “FFF”
- SC on Section 5A of the Bombay Electricity Duty Act, 1958 – Withdrawal of Exemption to captive power generators – doctrine of promissory estoppel and legitimate expectation
- SC on Section 64 MSC Societies Act & IBC – Eligibility of Cooperative Society for Resolution Plan
- SC on threshold limit of 100 allottees – second proviso to section 7(1) of IBC on the date of Insolvency Petition
- SC Quashes Arbitrary Bid Rejection to ensure Fair Play in Public Tenders
- SC Reaffirms Burden of Proof on Involvement of Offending Vehicle in Accident Compensation Claims
- SC Reimagined Cheque Bounce Cases
- SC Reinforced that consumer protection overrides restrictive builder-buyer one-sided, unreasonable clauses in standard form of the contract.
- SC Reiterated the Commercial Wisdom of CoC – Courts cannot interfere with approved Resolution Plan except on limited grounds under Sections 30(2) and 61(3) of IBC.
- SC Rejected Cess Deduction belated at Exeution Stage of Arbitral Award without statutory backing
- SC Rules of the game cannot be changed once the game has begun – MBBS Admission
- SC Says Affidavit Error Cannot Defeat Section 7 IBC Petition
- SC Says that the Employers Cannot Haunt Retirees Without Statutory Authority and Powers
- SC Signals Zero Tolerance – Exemplary Costs for Illegal Allotment of HUDA Deluxe Flats to Reinforce Accountability in Administrative Actions
- SC Strengthens Rule of Law in Passport Renewal Cases
- SC Upheld Collective Insolvency Petition of Home Buyers Against Multiple Developers
- SC Upholds Diploma Holder’s Eligibility for Pharmacist Posts – Statutory Recognition Prevails
- SC Upholds Landowner’s Preferential Right in Slum Redevelopment
- SCNotice of Tender Must be Clear and Unambiguous –
- Section 11 – Scope of Powers of Referral Court & Arbitrator
- Section 11 of MOFA – Deemed Conveyance – Powers of Competent Authority – SC Judgment
- Section 11(6) of the Arbitration Act – Limitation for application
- Section 13(8) of SARFAESI Act – Right to Redemption of Mortgage & Rights of Auction Purchaser
- Section 138 of the NI Act – Liability of Accused who ceased to be Partner
- Section 138 of the NI Act – Liability of Accused who ceased to be Partner
- Section 141 of NI Act – Vicarious liability of Directors for dishonour cheque of the Company
- Section 143-A – NI Act – Interim Compensation – Liability of Directors for Company Cheque
- Section 148 of NI Act – suspension of sentence – authorised signatory of company cheque
- Section 16 order & Interim Award for Section 34 AA petition
- Section 17(2)(vi) of the Registrar Act – Compromise in divorce petition
- Section 18 of MSMED Act – Whether registration is necessary pre-condition to refer dispute to the Facilitation Council?
- Section 33 – Arbitration Act – time line – Clarification Order
- Section 34 Petition – Interplay of Limitation and Section 12 of the Limitation Act
- Section 48A of the Maharashtra Stamp Act – Limitation for refund starts from the date of execution of cancellation deed
- Section 48A of the Maharashtra Stamp Act – No express powers to review earlier order of refund of stamp duty
- Section 48A of the Maharashtra Stamp Act – Refund of stamp duty wrongly retained – Interest granted
- Section 52 of the Transfer of Property Act – Lis Pendens starts with the “institution” of proceedings
- Sections 21, 11 and 16 – Arbitration Act – Bar to impleadment of parties in the Statement of Claim
- Sections 33 & 38 of the Maharashtra Slums Act, 1971
- Sections 41 and 52 of TP Act 1882 – Protection of Bona fide Purchaser and Doctrine of Lis Pendens
- Secured Creditors – Priority over the assets attached PMLA and MPID Act – SARAESI Act, 2002
- Service of Notice through Whatsapp or other electronic modes– Section 41-A Cr PC (Section 35 of BNSS 2023).
- SEZ Developer as deemed a power distribution licensee – conditions.
- Stamp Duty – Demand for Refund – Un-executed conveyance deed –
- Stamp duty – If payable on every increase in share capital of a company
- Sub-Contractor Stranger to Contract with Employer – Cannot Compel Arbitration against Employer – Ruling of the Supreme Court
- Subvention Home Loan – Default of EMI payments by Builders
- Supreme Court – Accident Compensation – Functional Disability Vs. Physical Disability
- Supreme Court – No MV Tax on Construction Equipment Vehicles
- Supreme Court – Relaxation in Eligibility Criteria Vs. Merit Determination
- Supreme Court – Succession Certificate obtained behind the back of a known minor legal heir is vitiated
- Supreme Court – Tender acceptance & Letter of Intent Cannot Trigger Arbitration
- Supreme Court – Foreign Arbitral Award Cannot be Re-litigated in Section 48 Enforcement Court on Grounds Rejected by Singapore High Court
- Supreme Court – Insolvency Code cannot be invoked to revive terminated development agreements
- Supreme Court – Landmark 2026 Judgment – Financial Creditors Free to Pursue Dual Insolvency Actions for One and Same Debt against two – Borrowers and Guarantors.
- Supreme Court – Landmark Judgment of 8.12.2025 on Judicial Restraint in Fiscal Matters including revision or increase of property tax
- Supreme Court – Minor Differences in scoring or evaluation of the tenders of the bidding contractors do not justify judicial intervention.
- Supreme Court – Section 139 of the Contract Act – Discharge of the Surety on variation of the contract of creditor & borrower without knowledge of sureties.
- Supreme Court – Section 45A ESI Act Applicable, Available & Can Be Invoked Only when No Records Produced by the Employer
- Supreme Court Bars Cognizance of Private Complaints for offences under Sections 448 and 451 of the Companies Act
- Supreme Court Bars HC Review Powers – Finality of Section 11 Arbitrator Orders
- Supreme Court Clarifies Law on Bill Discounting and Compounding Interest in Arbitration
- Supreme Court Defines Financial Creditor and Excluded Preference Shareholders
- Supreme Court Expands Framework for Child Injury and Disability Compensation
- Supreme Court HELD that where a contract expressly bars interest, the Arbitral Tribunal cannot award pre-award or pendente lite interest – even indirectly as “compensation”.
- Supreme Court Invalidates Change of Land Use for Cement Unit – Master Plan Cannot Be Bypassed
- Supreme Court landmark Judgment to eliminate unauthorised construction
- Supreme Court on Rule 107(11)(g) to (k) of 1961 MC Societies Rules and Failure to deposit auction amount within stipulated period.
- Supreme Court Restored the Bidder’s Rights in auction of industrial plot
- Supreme Court Ruling Curriculum Defines Qualifications and Eligibility Criteria
- Supreme Court says – Fire is Fire – Insurer Cannot Evade Claim on Technical Grounds
- Supreme Court Strengthens Jurisprudence of Service Law on Fairness and Due Process in Disciplinary Inquiry
- Supreme Court Upholds Forfeiture of Deposit for Breach of Timelines in IBC Liquidation Sale
- Suspension at the fag end of service – Charge Sheet served 12 days before retirement
- Tender – Eligibility Condition of Supply of Sports Kits for last three years
- Trans-border Arbitration – Jurisdiction of Courts in India and Arbitration in Colombia
- Truthful Disclosure of Antecedents – Foundation for Bank Employment
- Virtual Bonds – Real Love – SC upholds visitation rights of father
- Whether a borrower of a project is “consumer” under Consumer Protection Act, 1986
- Whether Power of Attorney has right to execute sale deed after death of principal
- Why Seat Prevails over Venue in Arbitration
Technology
- AI-Driven Growth – Maharashtra’s Vision & Roadmap 2026-2031
- Algorithms instruments of power – IT Intermediary
- Article 19 is citizen centric & American Social Media Platform cannot seek protection
- Artificial Intelligence – Policy Brief of 12.12.2023 – Comprehensive, Informative, Illustrative study and analysis by PRS India Legislative Research
- Bombay HC – Magistrate has no Powers to Order YouTube Takedowns in Defamation videos
- Climate Change “Wrinkles Are Good” – Interesting and Important Salutary initiative of CSIR for its staff to avoid ironed clothes on Mondays –
- Consumer – Company Car Use by Director – Whether for commercial purpose
- Consumer complaint – Telecommunications services -Interesting case, facts and the relief
- Cybercrime in India – Informative analysis by Harsh Bhalke, Law Student of ABMSP’s Yashwantrao Chavan Law College, Pune
- Decide yourself if AI Regulator is required?
- Digital India – Digital KYC – E-KYC – Exclusion of persons with physical disabilities
- E-rickshaw – Pune District – Appointment of Consultant – Maharashtra Electric Vehicle Policy 2021
- From Tweet to FIR – Not Without Due Process & Prior Inquiry
- From Tweet to FIR – Not Without Due Process & Prior Inquiry
- IPL -Royal Challengers Bengaluru – Prayer to ban advertisement of Sunrisers Hyderabad Cricketer Travis Head
- IT & IT Services New Policy of Government of Maharashtra
- LegalDeli.In Launches Arbitration Services
- Mobile addiction of Children – Curfew on time limit
- MOU for Artificial Intelligence – Robotics in Govt Engineering Colleges & Polytechnic –
- Prayer of NRI to appear before EOW through Video Conference for statement in MPID case
- Primary Teachers – How to ensure attendance in the school – Use of Technology
- Profit-oriented purchase of software is not covered by the Consumer Protection Act.
- Protection of NSE from Online Impersonation
- SC for secure, tamper-proof technologies like Blockchain-based Digitzation of Property Documents and Land Records
- Service of Notice through Whatsapp or other electronic modes– Section 41-A Cr PC (Section 35 of BNSS 2023).
- Solar Energy Trading – Peer to Peer Trading through Blockchain Technology – Revolutionary decision of the Karnataka Electricity Regulatory Commission
- Telecom Cyber Security – Draft Rules of 2024
- TRAI – New Directives of 8.11.2023 to end harassment of “Unsolicited SMS messages and phone calls” – Now consent of user is mandatory
- TRAI – Reduction in Entry Fees for mobile and other telecom sevice licences – Salutary Recommendations
- TV / Radio / Print / Internet Advertisements – Mandatory Self-declaration w.e.f 18.6.2024
- Tweets – Defamatory – Due diligence by Social-media intermediary
- Uber / Ola – Cap on convenience fee – Surge / dynamic pricing / peak pricing
- WhatsApp – Posts in private group of Employees – Disciplinary action
- WhatsApp Chatbot of the Delhi High Court – case real time updates
Transport
- Compensation claimed initially under Motor Vehicles Act 1988
- Compensation for permanent disability of child aged 9 years
- E-rickshaw – Pune District – Appointment of Consultant – Maharashtra Electric Vehicle Policy 2021
- Insurance – Compensation – Pay & Recover Principle – Exception
- Interest for delay in actual payment of compensation for land acquired under National Highways Act 1956
- Landmark Collaboration -MOU – Post & Amazon reaching people through 1.6 lakh offices
- LMV Driving Licence & Transport Vehicle – Review of 2017 Judgment of the Supreme Court to consider consequences and social issues
- LMV Licence Vs. Transport vehicle licence
- Section 55(5) of the Motor Vehicles Act – Cancellation of Imported Car Registration Certificate
- Tender – Gas Cylinder Rules, 2016 – Dilution of Technical conditions of PESO Registration & certificate affecting public safety and health – Supply of Chlorine Gas to the City of Mumbai
- Termination of Bus Conductor for alleged misconduct
- Uber Cab – Service Provider – Timely services – Delay in arrival – Flight missed – deficiency in service