Legal Cell

Upholding Permanency for Long-Term Temporary Employees: CIDCO's Unfair Labor Practices and the Primacy of Substance over Form in Employment Law. Court: Bombay High Court Citation: 2025:BHC-AS:53173 Decision Date: 05-12-2025 List of Laws Articles 226 and 227 of the Constitution of India; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971; Model Standing Orders; Industrial Disputes Act, 1947; Maharashtra Regional Town Planning Act, 1966; Companies Act, 1956; Land Acquisition Act Case Brief Facts: Several individuals were employed as drivers and firemen at CIDCO fire stations. Despite performing essential, continuous duties, they were appointed on temporary, fixed-te...

Cooperative Society Disputes: Absence of Declaratory Relief Fatal to Interim Protection Against General Body Resolutions on Maintenance and Parking. Court: Bombay High Court Citation: 2025:BHC-AS:53175 Decision Date: 05-12-2025 List of Laws Article 227 of the Constitution of India; Maharashtra Cooperative Societies Act, 1960; Maharashtra Cooperative Societies Rules, 1961; Declaration under Specific Relief Act; Cooperative Society Law Case Brief Facts: Petitioners, builders and members of Sanket Cooperative Housing Society, claimed rights based on a 2005 agreement with flat purchasers, including exclusive antenna rights, parking, and lower maintenance fees for their shops. The Society, formed later, denied th...

Validity of Cooperative Society Managing Committee: Impact of Resignations on Statutory Strength and the Application of Section 154B-19(2) of the Maharashtra Cooperative Societies Act. Court: Bombay High Court Citation: 2025:BHC-AS:53178 Decision Date: 05-12-2025 List of Laws Maharashtra Cooperative Societies Act; Section 154B-19 of the Maharashtra Cooperative Societies Act; Section 154B-22 of the Maharashtra Cooperative Societies Act; Rule 74 of the Maharashtra Cooperative Societies (Election to Committee) Rules 2014; Section 73 of the Maharashtra Cooperative Societies Act; Section 77A of the Maharashtra Cooperative Societies Act; Section 78 of the Maharashtra Cooperative Societies Act Case Brief Facts: A d...

Membership in Cooperative Societies: Sanctioned Plan as the Basis for Determining Eligibility and Preventing Manipulation of Voting Strength. Court: Bombay High Court Citation: 2025:BHC-AS:53235 Decision Date: 05-12-2025 List of Laws Maharashtra Cooperative Societies Act, 1960; Section 23 of the Maharashtra Cooperative Societies Act, 1960; Section 154B-1(13) of the Maharashtra Cooperative Societies Act, 1960; Section 154B-2 of the Maharashtra Cooperative Societies Act, 1960; Section 154B-3 of the Maharashtra Cooperative Societies Act, 1960; Section 154B-5 of the Maharashtra Cooperative Societies Act, 1960; Article 226 of the Constitution of India Case Brief Facts: A dispute arose in a cooperative housing soc...

Interpretation of Contract Clauses in Arbitration; Modification of Award for Computational Error; Deduction of Commission; Award of Costs. Court: Bombay High Court Citation: 2025:BHC-OS:23593 Decision Date: 05-12-2025 List of Laws The Arbitration and Conciliation Act, 1996; Section 34 of the Arbitration and Conciliation Act, 1996 Case Brief Facts: MahaOnline Limited (Petitioner), a joint venture between the Government of Maharashtra and Tata Consultancy Services, appointed Aksentt Tech Services Limited (Respondent) as a business associate for implementing e-governance projects. Disputes arose regarding non-payment of dues to the Respondent. The Respondent initiated arbitration, claiming unpaid amounts, inter...

Stamp Duty Exemption for Cooperative Societies: Additional Recommendation Requirement Deemed Illegal and Superfluous by Supreme Court. Court: Supreme Court of India Citation: 2025 INSC 1389 Decision Date: 05-12-2025 List of Laws The Indian Stamp Act, 1899; The Indian Stamp (Bihar Amendment) Act, 1988; The Jharkhand Self-Supporting Cooperative Societies Act, 1996; Article 226 of the Constitution of India; Administrative Law Case Brief Facts: A cooperative society, registered under the Jharkhand Self-Supporting Cooperative Societies Act, 1996, aimed to provide housing to its members. The Principal Secretary, Department of Registration, issued a memo mandating that stamp duty exemptions under Section 9A of the ...

Reconsideration of Bharat Drilling: Applicability of Excepted Clauses and the Scope of Party Autonomy in Arbitration under the Arbitration and Conciliation Act, 1996. Court: Supreme Court of India Citation: 2025 INSC 1388 Decision Date: 05-12-2025 List of Laws Arbitration and Conciliation Act, 1996; Section 34 of the Arbitration and Conciliation Act, 1996; Section 37 of the Arbitration and Conciliation Act, 1996; Section 31(7) of the Arbitration and Conciliation Act, 1996; Freedom of Contract; Party Autonomy Case Brief Facts: The State of Jharkhand appealed a High Court judgment that allowed a Section 37 appeal under the Arbitration and Conciliation Act, 1996. The respondent-claimant had challenged a Civil C...

Upholding Divorce Decree and Enhancing Permanent Alimony Considering Irretrievable Breakdown of Marriage and Financial Security of Wife and Child. Court: Supreme Court of India Citation: 2025 INSC 1390 Decision Date: 05-12-2025 List of Laws The Hindu Marriage Act, 1955; Family Law; Divorce Law; Permanent Alimony Case Brief Facts: The appellant-wife and respondent-husband were married in 2008. The husband, a judicial officer, filed for divorce on grounds of cruelty in 2018. The Family Court dismissed the petition, but the High Court allowed the husband's appeal, granting a divorce and awarding Rs. 30,00,000 as permanent alimony to the wife. The wife appealed to the Supreme Court. The parties have been liv...

Supreme Court Invalidates Mandatory Recommendation for Stamp Duty Exemption: A Case of Superfluous Administrative Burden on Cooperative Societies. Court: Supreme Court of India Citation: 2025 INSC 1389 Decision Date: 05-12-2025 List of Laws The Indian Stamp Act, 1899; The Indian Stamp (Bihar Amendment) Act, 1988; The Jharkhand Self-Supporting Cooperative Societies Act, 1996; Constitution of India, Article 226; Administrative Law Case Brief Facts: A cooperative society, registered under the Jharkhand Self-Supporting Cooperative Societies Act, 1996, challenged a memo issued by the Principal Secretary, Department of Registration, Jharkhand. The memo mandated that stamp duty exemption under Section 9A of the Ind...

Applicability of Excepted Clauses in Arbitration; Supreme Court Refers Bharat Drilling for Reconsideration Regarding Interpretation of Contractual Prohibitory Clauses. Court: Supreme Court of India Citation: 2025 INSC 1388 Decision Date: 05-12-2025 List of Laws Arbitration and Conciliation Act, 1996; Section 34 of the Arbitration and Conciliation Act, 1996; Section 37 of the Arbitration and Conciliation Act, 1996; Section 31(7) of the Arbitration and Conciliation Act, 1996; Freedom of Contract; Party Autonomy in Arbitration Case Brief Facts: The State of Jharkhand appealed a High Court judgment that allowed a Section 37 appeal under the Arbitration and Conciliation Act, 1996. The respondent-claimant had chal...

Upholding Divorce Decree and Enhancing Permanent Alimony Considering Irretrievable Breakdown of Marriage and Financial Security of Wife and Child. Court: Supreme Court of India Citation: 2025 INSC 1390 Decision Date: 05-12-2025 List of Laws The Hindu Marriage Act, 1955; Section 13(1)(ia) of the Hindu Marriage Act, 1955; Family Law; Divorce; Permanent Alimony Case Brief Facts: The appellant-wife and respondent-husband were married on December 6, 2008. The husband, a judicial officer, filed for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging cruelty. The Family Court dismissed the petition, but the High Court allowed the husband's appeal, granting a divorce and awarding Rs. 30,00,...

Caste Certificate Validity: High Court emphasizes probative value of pre-constitutional documents and proper scrutiny of alleged interpolations in tribe claims, particularly regarding 'Tokre Koli' and 'Dhor Koli'. Court: Bombay High Court Citation: 2025:BHC-AUG:33539-DB Decision Date: 04-12-2025 List of Laws Article 226 of the Constitution of India; Maharashtra Act No. XXIII of 2001; The Indian Evidence Act; Bhartiya Sakshya Adhiniyam; Section 8 of the Act of 2000; Scheduled Tribe Certificate Scrutiny Committee Rules of 2003 Case Brief Facts: Kum. Bhumika Koli challenged the Scheduled Tribe Certificate Scrutiny Committee's order refusing to validate her 'Tokre Koli' Scheduled Trib...

Lapsing of Land Reservation under MRTP Act: Failure to Acquire within Statutory Period Results in Lapsing; Amendment to Notice Period Not Retrospective. Court: Bombay High Court Citation: 2025:BHC-AUG:33538-DB Decision Date: 04-12-2025 List of Laws Article 226 of the Constitution of India; The Maharashtra Regional and Town Planning Act, 1966 (MRTP Act); Section 127 of the MRTP Act; The Land Acquisition Act, 1894 Case Brief Facts: The petitioners owned land in Chalisgaon, which was initially reserved for 'Play Ground and School' in the development plan of 1989. They purchased Survey No. 303/1/1C in 2014. After purchasing the land, the Petitioner No. 1 issued a purchase notice on 16.02.2015 under Secti...

Analysis of Arbitral Award - Rebates, Delayed Payment Interest, RTO Fees, and Defacement Charges; Application of Section 34, Arbitration and Conciliation Act, and Principles of Contract Law. Court: Bombay High Court Citation: 2025:BHC-OS:23431 Decision Date: 04-12-2025 List of Laws The Arbitration and Conciliation Act, 1996; The Indian Contract Act, 1872; Section 34 of the Arbitration and Conciliation Act, 1996 Case Brief Facts: Signpost India Private Limited (Petitioner) entered into a contract with Brihan Mumbai Electric Supply and Transport Undertaking (BEST, Respondent) for advertisement rights on BEST's buses. Disputes arose regarding rebates claimed by the Petitioner for damaged buses, non-operatio...

Bail Granted Despite UAPA Restrictions: Prolonged Incarceration and Right to Speedy Trial under Article 21 Override Statutory Limitations. Court: Bombay High Court Citation: 2025:BHC-AS:53109-DB Decision Date: 04-12-2025 List of Laws National Investigation Agency Act, 2008; Code of Criminal Procedure, 1973; Indian Penal Code, 1860; Unlawful Activities (Prevention) Act, 1967; Constitution of India, Article 21 Case Brief Facts: Hany Babu, the appellant, was accused No. 12 in NIA Special Case No. 414 of 2020, facing charges under the Indian Penal Code and the Unlawful Activities (Prevention) Act (UAPA). He sought bail primarily on the ground of prolonged pre-trial incarceration, having been in custody for over ...

Election Law: High Court Sets Aside Appellate Court Order Rejecting Nominations; Opportunity to Rectify Defects in Nomination Forms Must Be Given. Court: Bombay High Court Citation: 2025:BHC-AUG:33552 Decision Date: 04-12-2025 List of Laws Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965; Maharashtra Municipal Councils and Nagar Panchayats Election Rules, 1966; Representation of the People Act; Constitution of India, Article 245ZG Case Brief Facts: Two petitioners, Sidharth Gopal Pardeshi and Priyanka Yogesh Gavhane, filed nominations for Ward No. 6 (Seats 6-A and 6-B) of the Paithan Municipal Council elections. Pardeshi filed for Seat 6-B (General) but initially submitted ...

Sales Tax - Classification of Canned Fruits: Applying the Common Parlance Test to Determine if Pineapple Slices and Fruit Cocktail Qualify as 'Fresh Fruits' under the Bombay Sales Tax Act. Court: Bombay High Court Citation: 2025:BHC-OS:23507-DB Decision Date: 04-12-2025 List of Laws Bombay Sales Tax Act, 1959; Central Sales Tax Act, 1956; Kerala General Sales Tax Act, 1963; Tamil Nadu General Sales Tax Act, 1959; Common Parlance Test Case Brief Facts: The Commissioner of Sales Tax, Mumbai, filed a Sales Tax Reference against Sudha Instant Soft Drinks and Essences, Nagpur, regarding the taxability of pineapple slices, pineapple tidbits, and fruit cocktail preserved in sugar syrup and canned in vacuum-...

Scope of Magistrate's Power under Drugs and Cosmetics Act: Analysis of Accused's Control Sample by Central Drugs Laboratory Not Permissible. Court: Bombay High Court Citation: 2025:BHC-GOA:2402 Decision Date: 04-12-2025 List of Laws The Drugs and Cosmetics Act, 1940; Section 23 of the Drugs and Cosmetics Act, 1940; Section 25 of the Drugs and Cosmetics Act, 1940; Criminal Procedure Code (CrPC), Section 397; Drugs and Cosmetics Rules Case Brief Facts: A complaint was filed regarding a batch of Cephalexin Oral Suspension drug IP being unfit for human consumption. The Assistant Drug Controller, following Section 23 of the Drugs and Cosmetics Act, 1940, took samples from the ESI Dispensary, Verna, and se...

Section 319 CrPC: Summoning Additional Accused Based on Evidence; Dying Declarations and Evidentiary Standards Clarified. Court: Supreme Court of India Citation: 2025 INSC 1386 Decision Date: 04-12-2025 List of Laws The Code of Criminal Procedure, 1973; The Indian Penal Code, 1860; The Indian Evidence Act, 1872 Case Brief Facts: The appellant, Neeraj Kumar, filed an FIR alleging that his sister, Nishi, was shot by her husband, Rahul, at the instigation of Rahul's mother, brother, and brother-in-law (the respondents). The FIR was based on information from the niece, Shristi. Nishi succumbed to her injuries. During treatment, Nishi gave two statements under Section 161 CrPC, initially naming only her husba...

GST Exemption on Residential Dwellings: Hostel Accommodation for Students and Working Professionals Qualifies as "Residential Dwelling" Under Notification 9/2017 Before 2022 Amendment. Court: Supreme Court of India Citation: 2025 INSC 1380 Decision Date: 04-12-2025 List of Laws Goods and Services Tax (GST); Integrated Goods and Services Tax Act, 2017; Notification No. 9/2017- Integrated Tax (Rate); Finance Act, 1994; Central Goods and Services Tax Act, 2017; Interpretation of Statutes; Purposive Interpretation; Exemption Notifications Case Brief Facts: The State of Karnataka appealed against a High Court judgment regarding the applicability of GST exemption on renting of residential premises. The r...