Legal Cell

Charity Commissioner's Consent Mandatory for Suits Against Trustees Under MPT Act: Bombay High Court Rejects Plaint for Non-Compliance in Recovery Suit. Court: Bombay High Court Citation: 2025:BHC-OS:23200 Decision Date: 03-12-2025 List of Laws Code of Civil Procedure, 1908 (CPC); Order VII Rule 11(d) of the Code of Civil Procedure, 1908; Maharashtra Public Trusts Act, 1950 (MPT Act); Section 50 of the Maharashtra Public Trusts Act, 1950; Section 51 of the Maharashtra Public Trusts Act, 1950; Indian Trusts Act, 1882 Case Brief Facts: The Lilavati Kirtilal Mehta Medical Trust (Plaintiff No. 1), through its trustees, filed a suit against Niket Mehta (Defendant) for recovery of Rs. 17,20,88,896/-. The Plain...

Upholding Arbitration Agreements: Disputes Under MoU Referred to Arbitration Despite Non-Signatories and Multiple Causes of Action; Section 8 Analysis. Court: Bombay High Court Citation: 2025:BHC-AS:52791 Decision Date: 03-12-2025 List of Laws The Arbitration and Conciliation Act, 1996; Section 8 of the Arbitration and Conciliation Act, 1996; Section 37 of the Arbitration and Conciliation Act, 1996; Section 11 of the Arbitration and Conciliation Act, 1996; Code of Civil Procedure, 1908 Case Brief Facts: Villa Realcon LLP appealed an order rejecting its application under Section 8 of the Arbitration and Conciliation Act, 1996. The underlying dispute arose from a 2019 Memorandum of Understanding (MoU) between ...

Bail Application Rejection: High Court Upholds NDPS Act Section 37 Restrictions, Citing Commercial Quantity of Drugs and Concerns over Applicant's Presence for Trial. Court: Bombay High Court Citation: 2025:BHC-AS:52819 Decision Date: 03-12-2025 List of Laws The Narcotic Drugs and Psychotropic Substances Act, 1985; Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Case Brief Facts: The applicant, Blessing Amaka Okonko, sought bail in connection with FIR No. 01 of 2023 registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 (...

Profits Earned from Erroneous Margin: Broker's System Error Does Not Entitle Recovery of Trader's Profits; Upholding Arbitral Award. Court: Bombay High Court Citation: 2025:BHC-OS:23272 Decision Date: 03-12-2025 List of Laws The Arbitration and Conciliation Act, 1996; The Indian Contract Act, 1872; The Sale of Goods Act, 1930; Securities and Exchange Board of India (SEBI) Regulations; National Stock Exchange of India Ltd. (NSE) Bye-laws Case Brief Facts: Kotak Securities (Petitioner) erroneously provided Gajanan Ramdas Rajguru (Respondent) with undue margin for trading in the stock market. The Respondent, using his skills, traded and earned a profit of Rs. 1.75 crores. The Petitioner claimed that the...

Supreme Court Directs UPSC to Ensure Accessibility for Persons with Disabilities in Civil Services Exam: Scribe Changes and Screen Reader Implementation. Court: Supreme Court of India Citation: 2025 INSC 1376 Decision Date: 03-12-2025 List of Laws The Constitution of India; Articles 14, 16, 19, and 21 of the Constitution of India; The Rights of Persons with Disabilities Act, 2016; Civil Services Examination Rules, 2025 Case Brief Facts: Mission Accessibility filed a writ petition seeking directions to the Union Public Service Commission (UPSC) regarding accommodations for persons with disabilities in the Civil Services Examination (CSE). The specific requests included modifying the timeline for scribe regist...

Right to Legal Representation: High Court clarifies the scope of Section 36(4) of the ID Act, emphasizing fairness and the right to effective defense for small-scale employers in Labour Court proceedings. Court: Bombay High Court Citation: 2025:BHC-AS:52361 Decision Date: 02-12-2025 List of Laws The Industrial Disputes Act, 1947; Section 36 of the Industrial Disputes Act, 1947; The Advocates Act, 1961; Constitution of India, Articles 14 and 21; Principles of Natural Justice Case Brief Facts: M/s. Bella Vista Drycleaners, a small laundry employing 4-5 persons, faced a labor dispute initiated by Respondent No. 1, a former employee, seeking reinstatement and back wages. The Labour Court rejected the Applicant...

Categorization under SVLDRS Scheme: Pending Re-quantification Places Case Under "Litigation" Category, Entitling to 70% Relief under Finance Act, 2019. Court: Bombay High Court Citation: 2025:BHC-OS:23040-DB Decision Date: 02-12-2025 List of Laws Article 226 of the Constitution of India; The Finance Act, 2019; Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019; Central Excise Rules, 1944 Case Brief Facts: M/s. Unique Enterprises received a show cause notice in 1993 demanding Central Excise duty. The matter went to the Tribunal, which remanded it for re-quantification in 2010. The Petitioner filed a declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, claiming relief und...

Quashing of FIR under Section 306 and 354 IPC; Prosecution to Continue under Maharashtra Prohibition of Ragging Act Based on Prima Facie Evidence. Court: Bombay High Court Citation: 2025:BHC-NAG:13356-DB Decision Date: 02-12-2025 List of Laws The Indian Penal Code, 1860; The Maharashtra Prohibition of Ragging Act, 1999; Code of Criminal Procedure; Constitution of India; University Grants Commission Act Case Brief Facts: The deceased, Bhagyashree, committed suicide by hanging. A suicide note indicated she was subjected to outraging of modesty by accused persons, including the applicant, which led to her suicide. The FIR was lodged by the deceased's father, Ramdas Balaji Shingne. A video clip recorded by t...

Arbitration - Objection to Jurisdiction: Failure to Raise Issue Before Arbitral Tribunal Precludes Challenge Under Section 34; Upholding Arbitral Award. Court: Bombay High Court Citation: 2025:BHC-OS:23107 Decision Date: 02-12-2025 List of Laws The Arbitration & Conciliation Act, 1996; The Companies Act, 1956; Bombay Stock Exchange (BSE) Rules and Regulations; Section 34 of the Arbitration & Conciliation Act, 1996; Section 16 of the Arbitration & Conciliation Act, 1996; Principles of Natural Justice Case Brief Facts: MPD Associates Pvt. Ltd. (Petitioner) challenged an arbitral award dated March 27, 2008, passed by an Arbitral Tribunal of the Bombay Stock Exchange (BSE). The dispute arose from tra...

Upholding Arbitral Award: Bombay High Court Affirms TCS's Liability for Undelivered Servers, Rejecting Challenges of Patent Illegality and Efflux of Time, Emphasizing Conduct of Parties. Court: Bombay High Court Citation: 2025:BHC-OS:23148 Decision Date: 02-12-2025 List of Laws The Arbitration and Conciliation Act, 1996; Section 34 of the Arbitration and Conciliation Act, 1996; The Indian Contract Act, 1872; The Sale of Goods Act, 1930; Section 54(2) of the Sale of Goods Act, 1930; The Indian Evidence Act, 1872; Section 65B of the Indian Evidence Act, 1872 Case Brief Facts: Tata Consultancy Services (TCS) and Inspira IT Products Pvt. Ltd. were in a contractual agreement where Inspira was to supply 207 HP...

Cancellation of Vehicle Registration - Protection of Innocent Purchasers and the Overriding Effect of Settlement Commission Orders under the Customs Act, 1962. Court: Bombay High Court Citation: 2025:BHC-AS:52849 Decision Date: 02-12-2025 List of Laws Constitution of India, Article 227; The Motor Vehicles Act, 1988, Section 39; The Motor Vehicles Act, 1988, Section 40; The Motor Vehicles Act, 1988, Section 41; The Motor Vehicles Act, 1988, Section 42; The Motor Vehicles Act, 1988, Section 55; The Central Motor Vehicles Rules, 1989, Rule 47; The Customs Act, 1962, Section 127C; The Customs Act, 1962, Section 127H; The Customs Act, 1962, Section 127J; Administrative Law - Doctrine of Proportionality Case Brief ...

Upholding Eviction Decree: Tenant's Failure to Comply with Section 15(3) of the Maharashtra Rent Control Act by Filing Rent Deposit Application Beyond the Stipulated 90-Day Period. Court: Bombay High Court Citation: 2025:BHC-AS:52875 Decision Date: 02-12-2025 List of Laws Maharashtra Rent Control Act, 1999; Transfer of Property Act, 1882; Civil Procedure Case Brief Facts: The Respondents filed a suit for eviction against the Applicants (tenants) in the Small Causes Court, Mumbai, based on arrears of rent. The Trial Court decreed the suit, and the Appellate Court confirmed the decree. The Applicants filed a Civil Revision Application challenging the legality and validity of these judgments. A demand notic...

Slum Redevelopment - Preferential Rights of Landowner Prevail Over Mandamus for Acquisition; Occupation Certificate Granted Upon Handing Over Recreational Ground. Court: Supreme Court of India Citation: 2025 INSC 1372 Decision Date: 02-12-2025 List of Laws The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971; The Maharashtra Regional and Town Planning Act, 1966; Development Control Regulations, 1991; Development Control and Promotion Regulations for Greater Mumbai, 2034; Constitution of India Case Brief Facts: Jyoti Builders, the appellant, sought a writ of mandamus to compel the State Government to acquire a specific property (Subject Property) under Section 14 of the Maharashtra ...

Integrated Manufacturing Process: Supreme Court Clarifies Excise Duty Exemption Based on Continuous Production Chain Involving Multiple Units and Power Usage in Textile Processing. Court: Supreme Court of India Citation: 2025 INSC 1374 Decision Date: 02-12-2025 List of Laws Central Excise Act, 1944; Section 35-L of the Central Excise Act, 1944; Section 2(f) of the Central Excise Act, 1944; Notification No.5/1998-CE; Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Case Brief Facts: Bhagyalaxmi Processor Industry and Famous Textile Packers (Unit No.1 and Unit No.2 respectively) were found processing cotton fabrics with the aid of power without adhering to the procedures under the Central Excise Act...

Discharge Granted: Supreme Court Finds No Prima Facie Case for Voyeurism, Criminal Intimidation, or Wrongful Restraint Due to Lack of Evidence and Pending Civil Dispute. Court: Supreme Court of India Citation: 2025 INSC 1373 Decision Date: 02-12-2025 List of Laws Indian Penal Code, 1860; Code of Criminal Procedure; Section 227 of the Code of Criminal Procedure; Section 341 of the Indian Penal Code; Section 354C of the Indian Penal Code; Section 506 of the Indian Penal Code Case Brief Facts: The complainant, Mamta Agarwal, alleged that Tuhin Kumar Biswas @ Bumba, the appellant, restrained and intimidated her when she tried to enter a property as a prospective tenant. She claimed he clicked her pictures and ma...

Interpretation of The Muslim Women (Protection of Rights on Divorce) Act, 1986: Ensuring Dignity and Financial Security for Divorced Muslim Women; Purposive Construction and Social Justice. Court: Supreme Court of India Citation: 2025 INSC 1375 Decision Date: 02-12-2025 List of Laws The Muslim Women (Protection of Rights on Divorce) Act, 1986; The Code of Criminal Procedure, 1973; The Indian Penal Code, 1860; The Dowry Prohibition Act, 1961; Article 227 of the Constitution of India; Article 21 of the Constitution of India; Article 136 of the Constitution of India Case Brief Facts: Rousanara Begum appealed a High Court order that denied her claim for the return of properties (including dowry, gold ornaments, ...

High Court Partially Allows Writ Petition: Reinstatement Order Quashed, Monetary Compensation Awarded Due to Lack of Due Process in Termination after Strike. Court: Bombay High Court Citation: 2025:BHC-AS:52181-DB Decision Date: 01-12-2025 List of Laws The Companies Act, 1956; Industrial Disputes Act, 1947; Industrial Disputes (Bombay) Rules, 1957 Case Brief Facts: Venco Research and Breeding Farm Private Limited (the Petitioner) challenged an award passed by the Labour Court, Satara, which directed the company to reinstate 12 workmen with continuity of service and one workman with continuity of service and back wages. The dispute arose after 91 workmen engaged in a hunger strike, and the Union alleged that ...

Auction Purchaser Liability Under SARFAESI Act: Impleadment in Execution Proceedings for Prior Owner's Dues Denied; "As Is Where Is" Clause Limited to Secured Liabilities. Court: Bombay High Court Citation: 2025:BHC-KOL:3029 Decision Date: 01-12-2025 List of Laws Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act); Code of Civil Procedure; Co-operative Societies Act (Implied) Case Brief Facts: A Co-operative Credit Society (the petitioner) obtained an award against Ninaidevi Sahakari Sakhar Karkhana Limited (respondent no. 1) for non-repayment of a loan. The petitioner initiated execution proceedings. While these proceedings were p...

Public Trust Dispute: High Court Upholds Joint Charity Commissioner's Order, Emphasizing Due Process and Inquiry Requirements under the Maharashtra Public Trusts Act. Court: Bombay High Court Citation: 2025:BHC-AS:52202 Decision Date: 01-12-2025 List of Laws Maharashtra Public Trusts Act, 1950; Section 22 of the Maharashtra Public Trusts Act; Section 41D of the Maharashtra Public Trusts Act; Section 70A of the Maharashtra Public Trusts Act; Trust Law Case Brief Facts: This case involves a dispute within the Juggilal Hanumanbux Podar Charitable Trust. The petitioners, original trustees, challenged orders passed by the Joint Charity Commissioner that set aside orders of the Assistant Charity Commissioner. ...

Depository Liability: CDSL Liable to Indemnify Investor for DP's Fraudulent Misuse of POA under Section 16 of the Depositories Act. Court: Bombay High Court Citation: 2025:BHC-OS:22899 Decision Date: 01-12-2025 List of Laws The Arbitration and Conciliation Act, 1996; The Companies Act, 1956; The Securities and Exchange Board of India Act, 1992; The Depositories Act, 1996; Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018; CDSL Bye-laws Case Brief Facts: Respondent No. 1, a passive investor, opened a demat account with BRH, a stockbroker and Depository Participant (DP) of Central Depository Services (India) Limited (CDSL). BRH misused the Power of Attorney (POA) to t...