Writ Petition under Article 226 – Constitutionality of Phone Tapping Order – Right to Privacy – Order Quashed – The petitioner challenged an order issued under Section 5(2) of the Indian Telegraph Act, 1885 authorising interception of his mobile phone in a corruption investigation – The Court held that the order failed to satisfy the threshold of “public emergen...
Civil Writ – Challenge to MRT Order – Section 88C and 32G of Maharashtra Tenancy Act – Writ Petition Allowed – The petitioner, tenant of agricultural land, was declared as deemed purchaser of 5/8th share by the Additional Tahsildar and Assistant Collector — MRT erroneously reversed these concurrent findings ignoring the legal effect of Section 88C proceedings that lim...
Civil Procedure – Lease Agreement – Plaintiffs sought eviction of lessee and recovery of property with damages – Application for reference under Section 113 read with Order 46 CPC rejected by Sub Court – High Court finds application misconceived as a preliminary issue – Directs Sub Court to reconsider application for reference under Section 113 CPC in light of establi...
Civil Writ of Mandamus - Look Out Circular – Non-Accused – Foreign National – LOC Continuation Justified – The petitioner, a citizen of Seychelles and former director of a company under investigation for siphoning Rs.500 Crores, sought withdrawal of LOC issued by the CBI – Held: Since the petitioner is a foreign national from a country with no extradition treaty with ...
Family Law - Section 19 and Section 22 of the Hindu Adoptions and Maintenance Act - Maintenance to Widowed Daughter-in-law – Entitlement under Section 19 of the Hindu Adoptions and Maintenance Act – Appeal Dismissed – Respondent No.1 (widow) along with her two minor children filed a claim for maintenance against her father-in-law and brother-in-law – Family Court found that...
E-Auction – Earnest Money Deposit – Validity of Auction Process – Petitioner challenged the auction conducted by HSVP, particularly the demand of 25% EMD of the reserve price, contrary to the policies that fixed EMD at 5%. The petitioner contended that this violated the applicable policy and was tailored to favor certain bidders. The Court held that the auction process, including...
Service Law – Pension Scheme – Applicability of Old Pension Scheme – Writ Petition Allowed – Petitioners appointed against posts advertised before 28.10.2005 challenged the withdrawal of benefits of Old Pension Scheme (OPS) extended via Office Memorandum dated 08.05.2023 – Court held that once the State Government extended one-time option to its employees covered unde...
Arbitration Law - Arbitration Agreement – Prima Facie Existence – Appointment of Arbitrator – Arbitration Clause Survives Termination of Contract – Respondents objected to invocation of arbitration on the ground that the MoU and Agreement of Sale stood terminated by efflux of time – Held: The arbitration agreement is a separate contract and survives the termination of...
Service Law – Gratuity – University Mess Workers – Employer-Employee Relationship Established – Petitioner University challenged orders directing payment of gratuity to mess workers engaged through mess committees – University contended workers were engaged by student bodies and paid from mess funds – Held: As per Hostel Rules and University Statutes, appointmen...
Land Acquisition – Challenge to Notification under Sections 4 and 6 of the Land Acquisition Act – Acquisition Upheld – Petitioners contended that the term “Multipurpose Scheme” was vague and not a valid public purpose under Section 4 of the Land Acquisition Act, 1894 – Court held that "Multipurpose Scheme No.10" constituted a valid and specific purpose...