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Union of India v. Suresh Kumar

Delhi High Court · 18 Feb 2016 · 2025:DHC:600-DB

The Delhi High Court upheld the CAT's decision quashing recovery of excess MACP payments from a retired employee without prior notice, reaffirming Supreme Court precedents protecting employees from retrospective pay reductions absent fraud or knowledge.

administrative appeal_dismissed

Lavino Kapur Cotton Pvt. Ltd. v. The Commissioner of CGST

High Court of Bombay · 10 Feb 2016

The High Court held that interest on delayed refund under Section 11BB of the Central Excise Act accrues from three months after the initial refund application date, not from the date of the refund order.

tax appeal_allowed

Securitrans India Private Limited v. FIS Payment Solutions and Services Private Limited

High Court of Bombay · 09 Feb 2016

The Bombay High Court upheld an arbitral award holding the ATM cash replenishment service provider liable for theft by its employees and rejecting its challenge based on failure of the principal to mitigate losses through reconciliation.

commercial_arbitration petition_dismissed

Vipin Malik & Anr. v. PACL India Ltd. & Ors.

Delhi High Court · 02 Feb 2016 · 2024:DHC:2515

The Delhi High Court dismissed the execution petition against PACL India Ltd., holding that the Supreme Court-appointed Lodha Committee's exclusive mandate precludes release of funds for rent arrears, granting liberty to seek alternative remedies.

civil petition_dismissed

Vikrant Vinayak Khadpe & Ors. v. The State of Maharashtra & Ors.

High Court of Bombay · 01 Feb 2016

The Court held that mere inclusion in an earlier wait list without meeting cut-off marks after applying horizontal reservations does not confer a right to appointment, dismissing the petition challenging exclusion from the revised wait list.

administrative petition_dismissed

Vivek Kishan Nandgude v. Pimpri Chinchwad Municipal Corporation

High Court of Bombay · 28 Jan 2016

The Bombay High Court held that a landowner deprived of land without statutory acquisition procedures is entitled to compensation as promised, rejecting the Municipal Corporation’s denial based on later rules and ordering grant of TDR/FSI or monetary compensation.

property petition_allowed

Imperial Consultants and Securities Ltd v. Deputy Commissioner of Income Tax, Circle-6(1)(2)

High Court of Bombay · 14 Jan 2016

The Bombay High Court quashed the reopening of the petitioner’s income tax assessment beyond four years, holding that reassessment cannot be based on a mere change of opinion without failure to disclose material facts.

tax petition_allowed

Nijam Mohamad Mulani v. Transport Manager, Pune Mahanagar Pariwahan Mahamandal Ltd.

High Court of Bombay · 13 Jan 2016

The Bombay High Court upheld the dismissal of a bus driver for unauthorized absenteeism after a fair domestic enquiry, rejecting claims of unfair labour practice and disproportionate punishment.

labor petition_dismissed

Dilip Gangaram Patil v. Additional/Joint/Deputy Assistant Commissioner of Income Tax & Ors.

High Court of Bombay · 31 Dec 2015

The Bombay High Court quashed the reopening notice under Section 148 for AY 2013-14, holding that reopening is impermissible after revisional proceedings under Section 263 and in absence of failure to disclose material facts.

tax petition_allowed

Emerson Process Management Power and Water Solutions Inc v. Controller of Patents

Delhi High Court · 21 Dec 2015 · 2023:DHC:8871

The Delhi High Court set aside the rejection of software-related patent applications based on obsolete grounds and remanded them for fresh consideration under current Patent Office guidelines.

intellectual_property appeal_allowed

Smt Jodhian (Since Deceased Through LRs) & Ors. v. Methodist Church in India

Delhi High Court · 16 Dec 2015 · 2024:DHC:334

The Delhi High Court dismissed the second appeal upholding the respondent's ownership and rejecting the appellants' plea of adverse possession and bar of suit under Order II Rule 2 CPC.

civil appeal_dismissed

Bhim Rao Yadav and Anr v. Chairman-cum-Managing Director and Ors

Delhi High Court · 16 Dec 2015 · 2024:DHC:8803-DB

The Delhi High Court set aside the Tribunal's non-adjudicatory orders and remanded the petitioners' overtime allowance claim for fresh consideration on merits.

labor appeal_allowed

Shri Ram Shridhar Chimurkar v. Union of India

Supreme Court of India · 30 Nov 2015

The Supreme Court held that a child adopted by the widow of a deceased government servant after his death is not entitled to family pension under the CCS (Pension) Rules, 1972.

administrative appeal_dismissed

Dr. Pradeep Mehta v. Union of India

High Court of Bombay · 30 Nov 2015

The Bombay High Court upheld SEBI's regulatory power to freeze promoter demat accounts for non-compliance with listing obligations, dismissing the petitioner's challenge to the freezing of his accounts despite his claimed lack of control over the company.

administrative petition_dismissed

Santosh Anant Sabale v. Mathuradas Morarji

High Court of Bombay · 25 Nov 2015

The High Court upheld the eviction decree on unlawful subletting grounds, holding that the tenant failed to rebut the landlord's prima facie proof of exclusive possession by a third party.

civil appeal_dismissed

Shashikiran Janardhan Shetty v. Assistant Commissioner of Income-tax

High Court of Bombay · 24 Nov 2015

The Bombay High Court held that reopening an income tax assessment beyond four years requires tangible material of non-disclosure by the assessee, and transactions of a separate legal entity cannot justify reopening the assessee’s assessment.

tax petition_allowed

District Sindhudurg v. Vidharbha Konkan Gramin Bank

High Court of Bombay · 17 Nov 2015

The Bombay High Court held that employees who resigned retain their accrued statutory right to encash privilege leave, and refusal to pay such encashment without statutory authority is arbitrary and unlawful.

labor petition_allowed

Bks Galaxy Realtors LLP v. Sharp Properties & Ors.

High Court of Bombay · 05 Nov 2015

The Bombay High Court held that the arbitration clause in an Agreement for Sale ceases upon execution of the Conveyance Deed, and subsidiary documents without specific arbitration clauses are not covered, dismissing the appeal to refer the suit to arbitration.

civil appeal_dismissed

Bank of Maharashtra v. Directorate of Revenue Intelligence

High Court of Bombay · 02 Nov 2015

The Bombay High Court held that a customs authority’s letter restraining a bank from enforcing security interest under the SARFAESI Act is invalid, affirming the bank’s priority as a secured creditor over customs claims.

civil petition_allowed

Vishwesh Dogra Suvarna v. State of Maharashtra

High Court of Bombay · 31 Oct 2015

The Bombay High Court allowed the appeal and declared a missing person presumed dead after seven years of absence based on circumstantial evidence and statutory presumption under Section 108 of the Indian Evidence Act.

civil appeal_allowed