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  • Punjab and Haryana High Court Rejects Repeated RERA Claims

    Punjab and Haryana High Court Rejects Repeated RERA Claims

    Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

    Date: 03.11.2026

    Punjab and Haryana High Court Rejects Repeated RERA Claims

    This Short Article has been prepared & written by Advocate Narendra Singh. The views expressed are based on his interpretation of the law. He can be reached at his mob no- +91 8800860662 and email id amitnaren@outlook.com .

    The Punjab and Haryana High Court has dismissed a homebuyers’ appeal against Tata Housing Development Company Ltd., holding that repeated complaints arising from the same apartment dispute could not be pursued in successive proceedings.

    Case at a glance

    In Ashok Kumar Soni and others v. M/s Tata Housing Development Company Limited, decided on 2 September 2026, the High Court upheld the Haryana Real Estate Appellate Tribunal’s decision to reject the appellants’ challenge. The case concerned an apartment in Tata Housing’s Premanti project in Sector 72, Gurugram.

    The apartment had been allotted to the appellants for β‚Ή2,77,74,702, under an Apartment Buyer’s Agreement dated 16 August 2014. Possession was offered on 28 June 2017.

    Homebuyers’ allegations

    The buyers had raised several grievances concerning the apartment and the project. They alleged that the developer had overcharged them after learning that 10 apartments of the same size had reportedly been sold to Oriental Bank of Commerce for β‚Ή2.18 crore each. They initially sought a refund of β‚Ή66 lakh.

    Their complaints also referred to delayed possession, deficiencies in promised facilities, alleged changes to the project’s site plan, and a claimed change in the main entrance of Tower II. They sought compensation for financial loss, mental agony, and physical loss.

    History of repeated proceedings

    The dispute had already gone through several rounds before the Haryana RERA Authority, the Adjudicating Officer, and the Appellate Tribunal:

    • The first complaint resulted in possession and delayed-possession charges being granted.
    • An appeal against that order was withdrawn, while reserving the buyers’ right to seek compensation for alleged non-availability of facilities.
    • A later compensation complaint was dismissed by the Adjudicating Officer on 15 September 2021.
    • The buyers’ appeal from that decision was also withdrawn on 31 March 2023, without liberty to file another case.
    • A second compensation complaint was then filed, alleging material changes in the site plan and deficiencies in facilities. It was dismissed on 13 January 2025.

    The Adjudicating Officer found that the buyers had not produced evidence supporting the alleged site-plan changes or road-access issues. Neither the purported original or revised site plan nor other proof of the asserted changes was placed on record.

    Why the appeal failed

    The High Court concluded that the buyers had been aware of their grievances when they initiated the earlier proceedings but had nonetheless pursued sequential complaints regarding the same apartment and substantially connected claims.

    The Court held that such repeated litigation was barred by the principles of res judicata and Order II Rule 2 of the Code of Civil Procedure, 1908. These principles prevent parties from re-litigating matters that have already been decided, or from splitting claims arising from the same cause of action across multiple cases.

    The Court also examined Sections 88 and 89 of the Real Estate (Regulation and Development) Act, 2016. While RERA has overriding effect in case of conflict, Section 88 preserves the operation of other laws where they do not conflict with the Act. The Court therefore found that relevant procedural principles of the CPC could apply to RERA proceedings.

    Court’s key observation

    The Court stressed that permitting multiple complaints based on known, connected grievances would be contrary to public policy. It found no factual or legal defect in the Appellate Tribunal’s order and dismissed the appeal as lacking merit.

    Significance for RERA disputes

    The ruling reinforces that homebuyers and developers should present all known claims relating to a transaction in the appropriate proceeding, supported by documentary evidence. A party cannot ordinarily revive or divide claims through successive complaints after earlier proceedings have been decided or withdrawn without permission to refile.

    For site-plan or amenity-related claims in particular, the case highlights the importance of filing concrete evidence, such as sanctioned plans, revised plans, contractual representations, correspondence, photographs, and other records demonstrating the alleged deviation.

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Punjab & Haryana High Court

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  • Bombay High Court Overturns Arbitral Award in Stockbroker-Client Dispute

    Bombay High Court Overturns Arbitral Award in Stockbroker-Client Dispute

    Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

    Date: 03.11.2026

    Bombay High Court Overturns Arbitral Award in Stockbroker-Client Dispute

    This Short Article has been prepared & written by Arbitrator Shobhit Malik. The views expressed are based on his interpretation of the law. He can be reached at his mob no- +91 9712924188 and email id shobhit.Ica23@gmail.com .

    The Bombay High Court has set aside an NSE appellate arbitral award against 5Paisa Capital Ltd., finding that the tribunal failed to decide essential factual and legal issues behind losses allegedly caused by a trading-platform glitch.

    Background of the dispute

    The dispute arose from an online trading account held by Ankit Agarwal with 5Paisa Capital Ltd., a SEBI-registered stockbroker and trading and clearing member of the NSE and BSE. The account was opened in October 2016 under a Member-Client Agreement and was used for online trades through the client’s credentials.

    Between September 18 and October 4, 2018, 5Paisa’s software reportedly displayed excess holdings or margin in the client’s Demat and trading account. According to the broker, this technical issue enabled additional trading exposure, while the client continued to receive contract notes, margin statements, and SMS alerts about declining margin cover and the risk of square-off.

    The client disputed the broker’s position. He alleged that trades, including Futures and Options transactions, were unauthorized and that he had not received complete notifications or contract notes. He also argued that the broker liquidated his positions without proper notice and in breach of applicable exchange rules and its own risk policy.

    Arbitration outcome

    5Paisa claimed that, after it squared off the client’s positions under its risk policy, a debit balance of more than Rs. 6.5 lakh remained outstanding. The client instead sought compensation of approximately Rs. 15 lakh for alleged trading losses, along with the value of 1,260 Adani Gas bonus shares.

    In June 2019, the sole arbitrator rejected 5Paisa’s recovery claim and partly allowed the client’s counterclaim. The award directed 5Paisa to pay:

    • Rs. 14,30,509 towards the client’s alleged losses; and
    • Rs. 1,62,162 towards the Adani Gas bonus shares.

    The NSE Appellate Arbitral Tribunal upheld that decision in October 2019. It concluded that both sides had a responsibility to report abnormalities in the trading system, but held 5Paisa liable because it had acknowledged a system glitch that provided excess margin and had not notified clients promptly.

    Why the High Court intervened

    In its Section 34 petition, 5Paisa argued that the appellate tribunal had not actually decided the central controversies. The Bombay High Court agreed, emphasizing that judicial review of arbitral awards is limited but remains available where an award is patently illegal or lacks adjudicatory findings on material issues.

    The Court held that the appellate award largely reproduced the parties’ submissions and reached a conclusion without explaining how the evidence supported it. In particular, the tribunal had not determined:

    • Whether the technical glitch in fact gave the client excess margin or credit;
    • Whether the client’s trades and losses were caused by that glitch;
    • Whether the Member-Client Agreement required either party to report the system issue;
    • Whether 5Paisa had a contractual or regulatory duty to monitor and warn the client about the excess margin;
    • Whether timely notice would have prevented or reduced the losses;
    • Why the broker alone should bear the loss when the tribunal found both parties had notification responsibilities;
    • Whether an email-address discrepancy was merely a typographical error; and
    • Whether the broker could square off positions and sell the bonus shares under its risk policy because the account had a debit balance.

    Court’s ruling

    Justice Aarti Sathe found that the absence of findings on these core questions made the appellate award a non-speaking and perverse award. The Court ruled that it could not supply missing reasoning or independently decide the merits in a Section 34 proceeding.

    Accordingly, the Court set aside the NSE appellate award that had confirmed the earlier arbitral award. The petition was allowed without costs, and any amount deposited in court was directed to be released after one month from upload of the judgment.

    The parties were left free to commence fresh arbitration proceedings in accordance with law.

    Legal significance

    The decision reinforces that an arbitral tribunal must do more than summarize arguments and announce a result. Even within the narrow scope of court intervention under Section 34 of the Arbitration and Conciliation Act, 1996, an award can be set aside when it fails to address the disputed issues that are necessary to determine liability.

    For brokers, investors, and trading-platform operators, the case highlights the importance of documented system alerts, accurate margin records, clear contractual risk-allocation terms, and reasoned dispute-resolution decisions when technology failures affect trading exposure and losses.

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Bombay High Court

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  • Bombay High Court Sets Aside Registrar’s NOC for Commercial Use of Residential Society Flat

    Bombay High Court Sets Aside Registrar’s NOC for Commercial Use of Residential Society Flat

    Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

    Date: 03.11.2026

    Bombay High Court Sets Aside Registrar’s NOC for Commercial Use of Residential Society Flat

    This Short Article has been prepared & written by Advocate Madhumita Jha. The views expressed are based on her interpretation of the law. She can be reached at her mob no- +91 8726929060 and email id jhamadhumita27@gmail.com .

    The Bombay High Court has held that a Deputy Registrar of Co-operative Societies cannot issue, or compel a housing society to issue, a no-objection certificate (NOC) for converting a residential flat to commercial use when no such statutory duty exists.

    The dispute

    Surya Lok Co-operative Housing Society Ltd., a Mumbai housing society whose sanctioned building plan contained only residential flats, challenged an administrative NOC that supported commercial use of Flat No. 3 on the ground floor.

    The flat had changed hands several times before being transferred in January 2016 to Fazal Abbas Sayed and Aafreen Fatima Fazal Abbas Sayed. The purchasers sought membership in the society and were ultimately admitted after an undertaking that the flat would be used for residential purposes. They later pursued permission to use it commercially.

    Because the society declined to issue an NOC, the purchasers approached the Deputy Registrar. On 8 December 2016, the Deputy Registrar issued a letter stating that the office had no objection to commercial use of the flat. The society’s challenge to that letter was rejected in revision by the Divisional Joint Registrar in January 2018, leading to the writ petition before the High Court.

    What the society argued

    The society contended that the Deputy Registrar had no power under the Maharashtra Co-operative Societies Act, 1960 to approve a change in the use of a flat from residential to commercial. It also argued that:

    • Flat No. 3 was sanctioned for residential use under the municipal plan.
    • The purchasers had expressly undertaken to use the premises only for residential purposes.
    • The society had withdrawn an earlier 2000 resolution allowing commercial use of ground-floor flats through later resolutions in 2007 and 2014.
    • The NOC was issued without notice to, or a hearing for, the society.

    What the flat owners argued

    The flat owners submitted that ground-floor premises in the area were commonly used commercially and that Flat No. 3 had allegedly been used for commercial activity in the past. They relied on municipal assessment records, electricity bills, stamp-duty valuation and transfer-deed recitals to support that position.

    They also argued that the membership order issued in 2016 had already addressed the commercial-use issue, and that the society was improperly withholding its consent.

    The Court’s ruling on the Registrar’s powers

    Justice Sandeep V. Marne held that the Deputy Registrar lacked jurisdiction to issue the NOC.

    At the time of the 2016 NOC, Section 79 of the Maharashtra Co-operative Societies Act applied. That provision permits the Registrar to enforce action that a society is legally required to take under the Act, rules or bye-laws. The Court found that it does not create a duty requiring a society to issue an NOC for conversion from residential to commercial use.

    The Court also examined Section 154B-27, introduced later for co-operative housing societies. It concluded that this provision similarly does not give the Registrar broad authority to resolve every dispute between a member and a society or to compel support for planning-related changes. Its scope is limited to enforcing obligations already created by co-operative law, rules or bye-laws.

    The judgment emphasized a key distinction: even if a Registrar could direct a society to perform a legally mandated act, that would not empower the Registrar to issue the society’s NOC personally.

    Why the NOC was invalid

    The Court identified several defects in the Deputy Registrar’s action:

    • No statutory authority: The Act, rules and bye-laws did not obligate the society to issue an NOC for change of user.
    • Registrar acted beyond supervisory power: The Deputy Registrar directly stated that the office had no objection to commercial use, effectively substituting the Registrar’s view for the society’s decision.
    • No hearing for the society: The NOC was issued after the purchasers’ request without giving the society notice or an opportunity to be heard.
    • Lack of application of mind: The Court noted that the Registrar did not verify whether the building contained commercial premises or whether the society supported the proposed conversion.

    The Court described the NOC as arbitrary, without jurisdiction and void from the outset.

    Membership did not authorize commercial use

    The Court rejected the argument that the 2016 membership order had conclusively allowed commercial use. That order dealt with admission to membership, not permission to alter the use of the premises.

    The Court found that membership and use of a flat are distinct issues. Observations in the membership order about commercial activity in other flats or municipal assessments did not amount to legal permission for commercial use of Flat No. 3.

    The owners’ residential-use undertaking was also material. The Court recorded that membership was granted after an undertaking that the flat would be used exclusively for residential purposes and that no change of use would occur without the society’s prior written permission.

    Municipal records and utility connections are not enough

    The judgment clarified that commercial municipal assessment, a commercial electricity connection or payment of stamp duty based on commercial valuation do not automatically convert a residential flat into commercial premises.

    The Court held that, in a tenant co-partnership housing society, the society owns the land and building while members hold rights to occupy allotted premises. Therefore, a change in use from residential to commercial requires the society’s NOC where the building consists exclusively of residential premises.

    Final order and legal remedy

    The High Court allowed the writ petition and set aside:

    1. The Deputy Registrar’s letter/NOC dated 8 December 2016; and
    2. The Divisional Joint Registrar’s revisional order dated 15 January 2018.

    The flat owners remain free to pursue a dispute under Section 91 of the Maharashtra Co-operative Societies Act before the appropriate Co-operative Court to seek the society’s NOC. Any such dispute must be decided independently on its merits, without being influenced by the High Court’s observations in this case.

    Key takeaway for housing societies and members

    A Deputy Registrar cannot be used as a substitute decision-maker for a housing society on a proposed change from residential to commercial use. Where a member disputes a society’s refusal to grant an NOC, the proper course is adjudication before the legally competent forum, rather than an administrative NOC issued by the Registrar.

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Bombay High Court

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  • Karnataka HC Denies Anticipatory and Regular Bail to Accused in Kolar Robbery FIR

    Karnataka HC Denies Anticipatory and Regular Bail to Accused in Kolar Robbery FIR

    Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

    Date: 03.11.2026

    Karnataka HC Denies Anticipatory and Regular Bail to Accused in Kolar Robbery FIR

    This Short Article has been prepared & written by Advocate G Sridharamurthy. The views expressed are based on his interpretation of the law. He can be reached at his mob no- +91 9845906418 and email id sriadv3@gmail.com .

    The Karnataka High Court has dismissed both anticipatory and regular bail petitions filed by two accused in a robbery case registered by Malur Police in Kolar district.

    Case background

    The matter arose from Crime No. 355/2026, registered by Malur Police for alleged offences under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 25 of the Arms Act, 1959. The petitions were heard together by Justice S. Vishwajith Shetty and decided on 30 October 2026.

    The prosecution case is based on a complaint made by a truck driver, Shantesh, who alleged that two unidentified persons intercepted his truck on the night of 22 August 2026. According to the complaint, the men arrived on a two-wheeler bearing registration number KA53 Y 1623, threatened the driver with a long, bladed weapon, and allegedly took Rs. 15,000 before fleeing.

    Bail petitions before the High Court

    M. Ananda, identified as accused No. 1, sought anticipatory bail because he feared arrest in the case. His earlier application before the Sessions Court had been rejected on 16 September 2026.

    Prabhu Rao K.M., also known as Prabhu and identified as accused No. 2, sought regular bail. He was arrested on 23 August 2026 and had remained in judicial custody since then. His earlier bail plea was rejected by the Sessions Court on 24 September 2026.

    Investigation status and prosecution objections

    During the investigation, police arrested accused No. 2 and reported recovering Rs. 5,000 and the motorcycle allegedly used in the offence from him. Accused No. 1 was stated to be absconding at the time of the hearing.

    The State opposed bail on the basis that a test identification parade had not yet been conducted. The High Court Government Pleader also informed the court that both accused had criminal antecedents and had previously been implicated in a similar case.

    Court’s decision

    The High Court held that, given the pending test identification parade, the allegation of prior criminal involvement, and the stage of the investigation, the requests for anticipatory bail and regular bail could not be accepted.

    Both Criminal Petition No. 15510 of 2026, filed by M. Ananda, and Criminal Petition No. 15186 of 2026, filed by Prabhu Rao K.M., were dismissed.

    Key implication

    The decision reflects the court’s view that bail may be declined where identification procedures remain incomplete and the investigation indicates alleged prior criminal conduct, particularly in a case involving allegations of armed robbery and recovery of suspected evidence.

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Karnataka High Court

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  • Himachal Pradesh High Court: Pending CBI or Vigilance Inquiry Cannot Justify Interference with Arbitral Award Under Section 37

    Himachal Pradesh High Court: Pending CBI or Vigilance Inquiry Cannot Justify Interference with Arbitral Award Under Section 37

    Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

    Date: 02.11.2026

    Himachal Pradesh High Court: Pending CBI or Vigilance Inquiry Cannot Justify Interference with Arbitral Award Under Section 37

    This Short Article has been prepared & written by Arbitrator Shobhit Malik. The views expressed are based on his interpretation of the law. He can be reached at his mob no- +91 9712924188 and email id shobhit.Ica23@gmail.com.

    The Himachal Pradesh High Court has dismissed the Union of India’s appeal against an arbitral award in favour of contractor Pramod Sood, reaffirming that courts have only a narrowly limited role in reviewing arbitration decisions under the Arbitration and Conciliation Act, 1996.

    Background of the dispute

    The dispute arose from work relating to the trenching and laying of optical fibre cable (OFC). Pramod Sood, the claimant, pursued arbitration following directions of the High Court. The sole arbitrator, V.K. Khurana, issued an award on 21 July 2006.

    The Union of India and another party challenged that award before the District Judge, Shimla, under Section 34 of the Arbitration and Conciliation Act, 1996. Their objections were dismissed on 1 September 2011. They then appealed to the High Court under Section 37(1)(b) of the Act.

    Grounds raised by the Union of India

    The appellants argued that the award was founded on surmises and conjectures. They also relied on the fact that records connected with the work had been seized by the Central Bureau of Investigation in 1997 and that a vigilance inquiry had earlier been underway.

    According to the Union of India, requiring payment while those inquiries remained pending could undermine the purpose of examining alleged irregularities. It further challenged the award of interest at 14% per annum from 1 November 1996, contending that Clause 16.2 of the contract barred interest on earnest money, security deposits, or sums payable to the contractor.

    High Court’s reasoning: Section 37 review is highly restricted

    Justice Virender Singh held that an appeal under Section 37 is not a routine appeal on facts or contractual interpretation. Where an arbitral award has already survived a challenge under Section 34, the appellate court’s scope is even narrower.

    The Court relied on Supreme Court guidance in Konkan Railway Corporation Ltd. v. Chenab Bridge Project Undertaking and Bombay Slum Redevelopment Corporation Pvt. Ltd. v. Samir Barain Bhojwani. These decisions establish that courts should not set aside an award merely because another interpretation of the evidence or contract is possible.

    Interference is justified only where the award is perverse, manifestly arbitrary, or otherwise falls within the limited statutory grounds under Section 34. Under Section 37, the court primarily examines whether the Section 34 court exercised that limited jurisdiction correctly.

    CBI seizure and vigilance inquiry did not invalidate the award

    The High Court found that the CBI seizure of records and the vigilance inquiry did not affect the merits of the arbitral determination. The arbitrator had decided the dispute after providing both sides an opportunity to present their case.

    The District Judge had also considered this issue. The High Court noted that the appropriate stage to raise such objections was when the application under Section 18 of the Act was being considered. Crucially, the appellants did not show how the award violated public policy.

    Decision

    The High Court found no basis to interfere with the District Judge’s well-reasoned order dismissing the Section 34 objections. The appeal under Section 37 was therefore dismissed, along with any pending applications.

    Key legal takeaway

    The decision reinforces the finality of arbitration in India. A party challenging an arbitral award cannot succeed under Section 37 simply by offering a different reading of the facts or contract. It must demonstrate a serious legal defect, such as perversity or manifest arbitrariness, within the narrow limits set by the Arbitration and Conciliation Act, 1996.

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Himachal Pradesh High Court

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  • Bombay High Court Upholds Compassionate Appointments After Years of Service

    Bombay High Court Upholds Compassionate Appointments After Years of Service

    Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

    Date: 02.11.2026

    Bombay High Court Upholds Compassionate Appointments After Years of Service

    This Short Article has been prepared & written by Advocate Madhumita Jha. The views expressed are based on her interpretation of the law. She can be reached at her mob no- +91 8726929060 and email id jhamadhumita27@gmail.com .

    The Bombay High Court has set aside attempts to cancel the compassionate appointments of two Maharashtra government employees after finding that the State had wrongly treated their deceased fathers’ posts as Group B solely because of the pay scale attached to them.

    Background of the dispute

    The case combined petitions filed by Avinash Kondiram Wagh and Abhay Chandrakant Khond against the State of Maharashtra and officials in the Vocational Education and Training Department.

    Both petitioners had received government employment on compassionate grounds after their fathers died while in service:

    • Avinash Wagh was appointed as a Group Instructor in 2004 after his father, a junior clerk, died in service.
    • Abhay Khond was appointed as a Junior Clerk-cum-Typist in 2008 after his father, a Training Officer, died in service.

    They completed probation, were confirmed in service, and continued working for years. In 2010, however, departmental authorities issued show-cause notices proposing to cancel their appointments. The authorities argued that the posts held by the deceased employees carried the pay scale of Rs. 6,500–10,500 and therefore fell within Group B, whose dependants were allegedly not eligible for compassionate appointment under the policy then relied upon by the State.

    The Maharashtra Administrative Tribunal dismissed the petitioners’ challenges in 2014. The High Court had meanwhile protected their employment during the litigation.

    Court’s key finding: Pay scale alone does not determine classification

    The central issue was whether the State could classify the relevant posts as Group B merely because of their pay scale.

    The Division Bench held that it could not. It found that the authorities had selectively relied on the Government Resolution of 2 July 2002 and an internal departmental letter dated 19 May 2010, without considering later government resolutions that specifically classified the posts in question.

    For Wagh’s case, the Court noted that multiple government resolutions treated the post of Group Instructor, carrying the disputed pay scale, as a Group C (Technical) post. These included resolutions dated:

    • 22 October 2008;
    • 31 March 2010;
    • 14 May 2010; and
    • 31 August 2010.

    The State did not establish that any of these resolutions had been withdrawn, superseded, or invalidated. The Court also observed that the departmental letter did not reconcile its position with these specific classifications.

    In Khond’s case, the respondents had admitted that his father was employed in a Class III post. The Court found no valid basis for subsequently treating that post as Group B. Khond himself had been appointed to a Group C post as Junior Clerk-cum-Typist.

    Long service and absence of wrongdoing mattered

    The High Court also relied on fairness and equity. Both petitioners had been appointed by competent authorities, completed probation, and served continuously for nearly two decades. Neither was accused of fraud, misrepresentation, suppression of facts, or misconduct.

    The Court held that it would be seriously prejudicial and disproportionate to unsettle their employment after such a long period, particularly because they had crossed the usual age limits for entering government service.

    Referring to the Supreme Court decision in Md. Zamil Ahmed v. State of Bihar, the Court reiterated that the State should not take advantage of its own alleged mistake after a long delay when the employee had not secured appointment through deception or concealment.

    Compassionate appointment is a beneficial measure

    The judgment restated that compassionate appointment is an exception to ordinary recruitment rules. Its purpose is to provide immediate financial support to a family facing hardship after the death of its earning member.

    The Court held that cancelling confirmed appointments decades later would undermine that objective. Once the petitioners had become confirmed employees, their service could not be taken away except in accordance with law and applicable service rules.

    The Court also noted that Maharashtra expanded its compassionate-appointment policy in September 2021 to cover dependants of employees in Groups A and B as well as Groups C and D. While this later policy did not retrospectively decide the petitioners’ entitlement, it showed that the earlier restriction had since been broadened.

    Outcome

    The High Court allowed both writ petitions and set aside the Tribunal’s 2014 order insofar as it had dismissed the petitioners’ original applications. The proposed cancellation of their compassionate appointments was held unsustainable.

    The ruling is expressly confined to the particular facts of these cases and is not to be treated as a precedent for other matters. Its core message is nevertheless clear: government authorities must consider all applicable classification rules and cannot undo long-standing compassionate appointments on a narrow or inconsistent reading of policy, especially where the employees acted in good faith and have served for many years.

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Bombay High Court

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  • Delhi High Court Ruled Deemed Occupancy Certificate Claim Cannot Override RERA

    Delhi High Court Ruled Deemed Occupancy Certificate Claim Cannot Override RERA

    Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

    Date: 02.11.2026

    Delhi High Court Ruled Deemed Occupancy Certificate Claim Cannot Override RERA

    This Short Article has been prepared & written by Advocate Narendra Singh. The views expressed are based on his interpretation of the law. He can be reached at his mob no- +91 8800860662 and email id amitnaren@outlook.com .

    The Delhi High Court has dismissed two appeals by CJ Infrastructure Pvt. Ltd., holding that the developer could not avoid the Real Estate (Regulation and Development) Act, 2016 (RERA) on the basis of a claimed β€œdeemed” occupancy certificate and was required to comply with the statutory pre-deposit condition before its appeals could be heard.

    Background: Metroplex East commercial complex

    CJ Infrastructure developed Metroplex East, a commercial complex at 21, District Centre, Laxmi Nagar, Delhi. The project comprises 197 units along with common areas, including the entrance lobby, elevators and staircases. The developer stated that construction was completed on 14 February 2013 and that an architect had certified the building as fit for occupation.

    According to the company, it applied to the Delhi Development Authority (DDA) for an Occupancy-cum-Completion Certificate (OCC) in 2013 and early 2014. It argued that, because the DDA did not respond within the applicable period, the OCC should be treated as having been granted by operation of the building bye-laws.

    Between 2013 and 2015, the company sold or allotted 149 commercial units and executed registered conveyance deeds in favour of purchasers. Later, several purchasers initiated proceedings under RERA, principally alleging that the developer had not obtained a formal OCC for the building.

    The central dispute: Was the OCC deemed to have been granted?

    The developer’s principal argument was that the project had effectively been completed before RERA came into force and that a deemed OCC had arisen because of the DDA’s alleged inaction. On that basis, it contended that the RERA authorities lacked jurisdiction over the complaints.

    The Court did not accept this position. It examined the record placed by the DDA and highlighted key deficiencies:

    • The developer claimed that it had applied for completion on 14 February 2013, but the Fire Safety Certificate relied upon was dated 30 October 2013. The certificate was required for a completion application.
    • The OCC-fee receipt produced by the developer was dated 20 April 2017, approximately four years after the claimed OCC application.
    • The DDA reported deviations from the sanctioned plan.
    • The application was scrutinised under the Unified Building Bye-Laws, 2016, and the stated deficiencies were not rectified despite opportunities to do so.
    • The DDA rejected the OCC application on 8 September 2021.

    The Court held that a deemed OCC could not be claimed in these circumstances. It noted that deemed approval requires the applicant to have met the necessary requirements, including payment of applicable fees, and cannot authorise conduct contrary to lease conditions, the master plan, regulations or building bye-laws.

    Most importantly, the Court found that no OCC existed when the appeals were before the Real Estate Appellate Tribunal (REAT). Therefore, the project remained subject to RERA.

    Why the RERA pre-deposit requirement applied

    The second major issue concerned Section 43(5) of RERA. This provision requires a promoter challenging an order before the appellate tribunal to first deposit at least 30% of the penalty, or such higher percentage as the tribunal directs, or the total amount payable to the allottee, including interest and compensation, depending on the nature of the order.

    The REAT had required CJ Infrastructure to deposit the full adjudicated amounts as a condition for continuing its appeals. When the company did not make that deposit, the REAT dismissed the appeals.

    The Delhi High Court upheld that decision. It emphasised that the statutory wording, including β€œit shall not be entertained,” makes pre-deposit a mandatory threshold condition for a promoter’s appeal. The Court relied on the Supreme Court’s ruling in Newtech Promoters and Developers Pvt. Ltd. v. State of Uttar Pradesh, which had held that this requirement is not unconstitutionally burdensome and serves to protect allottees’ financial interests.

    The Court also rejected the developer’s offer to provide immovable-property security instead of making the deposit. RERA contains no provision permitting such a substitute.

    Judgment and implications

    The High Court found no error in the REAT’s orders and dismissed both appeals. It nevertheless allowed the appellants an opportunity to seek revival of their REAT appeals within 30 days of the judgment, provided they comply with the applicable pre-deposit condition under Section 43(5).

    The ruling reinforces two important principles for real-estate developers:

    1. A deemed occupancy certificate cannot be assumed merely from alleged administrative inaction. The applicant must show compliance with the applicable approval requirements, including supporting documentation, fees and rectification of identified shortcomings.
    2. The RERA pre-deposit requirement is mandatory for promoters’ appeals. A developer cannot ordinarily have an appeal heard by REAT without first making the required statutory deposit, and offering property as security is not an authorised alternative.

    The judgment, pronounced on 29 August 2025 by a Division Bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar, underscores the courts’ approach of enforcing RERA’s safeguards for allottees while requiring strict compliance from promoters seeking appellate relief.

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Delhi High Court

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  • Karnataka High Court Dismisses Retired FSL Officer’s Plea to Halt Forgery Case

    Karnataka High Court Dismisses Retired FSL Officer’s Plea to Halt Forgery Case

    Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

    Date: 02.11.2026

    Karnataka High Court Dismisses Retired FSL Officer’s Plea to Halt Forgery Case

    This Short Article has been prepared & written by Advocate G Sridharamurthy. The views expressed are based on his interpretation of the law. He can be reached at his mob no- +91 9845906418 and email id sriadv3@gmail.com .

    The Karnataka High Court has dismissed a criminal petition by a retired Forensic Science Laboratory officer, holding that his claim that he was forced to sign a disputed experience certificate must be tested at trial rather than decided at the discharge stage.

    Background: recruitment complaint led to criminal case

    The case arose from the recruitment process for the post of Scientific Assistant in the Biology Section of the Forensic Science Laboratory (FSL). The complainant, K. Sridhar, who held an M.Sc. in Biotechnology, applied in response to a notification issued on 25 February 2003.

    After receiving no information about the recruitment outcome, Sridhar sought records through an application under the Right to Information Act in December 2007. Following proceedings before RTI authorities, he received certain documents that he alleged were false or misleading. These records, including documents dated in 2008, formed the basis of a complaint registered by the Madivala Police in July 2010.

    The investigation was subsequently transferred to the COD. After investigating, the agency filed a charge sheet alleging that officials had conspired to facilitate the appointment of another candidate by creating or issuing a false experience certificate.

    Allegations against the petitioner

    Rangegowda, a retired Deputy Director associated with the FSL, was named as Accused No. 3. The prosecution alleged that he and others conspired in relation to the appointment of Accused No. 2 as a Scientific Assistant, despite the candidate allegedly lacking the required qualification.

    The charge sheet invoked offences relating to preparation or signing of incorrect official documents, false certification, criminal conspiracy and provisions of the Prevention of Corruption Act. A central document was a certificate dated 12 March 2003 bearing Rangegowda’s signature.

    Defence: signature was allegedly obtained under pressure

    Rangegowda sought discharge before the trial court, maintaining that he had not committed the alleged offences. His principal defence was that Accused No. 1 had compelled him to sign a pre-typed document in the latter’s chamber and that he had no meaningful alternative.

    He also argued that:

    • he was initially treated as a witness, including in a statement recorded under Section 164 of the Criminal Procedure Code;
    • the trial court had not adequately considered the legal ingredients of the offences alleged;
    • certain allegations were barred by limitation; and
    • material from a departmental enquiry supported his position.

    The trial court rejected his discharge application. He then moved the High Court under Section 482 of the Criminal Procedure Code, seeking to have that order set aside.

    High Court’s reasoning: disputed defence requires evidence at trial

    Justice H.P. Sandesh held that the dispute could not be resolved at the discharge stage. The Court noted that Rangegowda did not dispute issuing the certificate dated 12 March 2003 or that it carried his signature. His contention was that the document had been signed under coercion.

    According to the Court, whether the petitioner was actually compelled to sign the certificate is a factual issue requiring examination of evidence. It cannot be decided merely by evaluating the defence version while considering an application for discharge.

    The Court also accepted that the investigating material indicated allegations of a cognizable offence and an alleged conspiracy involving the issuance of the certificate. At this preliminary stage, the court said it could not assess the reliability of the prosecution’s evidence or discard it in favour of the petitioner’s explanation.

    Why the discharge request failed

    The High Court emphasized that discharge is appropriate where allegations and collected material fail to disclose a case requiring trial. Here, however, the existence of the signed certificate was not disputed, and the prosecution had material supporting its allegation that the certificate was connected to an improper appointment.

    The Court treated the petitioner’s explanation, including his reliance on his earlier statements and departmental enquiry material, as a defence that may be raised during trial. It found no error in the trial court’s refusal to discharge him.

    Outcome and legal significance

    The criminal petition was dismissed, leaving the prosecution against Rangegowda to proceed before the trial court. The decision reinforces a key distinction in criminal procedure: at the discharge stage, courts assess whether the prosecution material discloses grounds to proceed, but they generally do not decide contested factual defences.

    Where a document’s issuance is admitted but the circumstances of signing are disputed, the matter ordinarily requires a full trial and evidence-based determination.

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    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Karnataka High Court

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  • Telangana High Court Quashes Customs Confiscation of Used MFD Imports

    Telangana High Court Quashes Customs Confiscation of Used MFD Imports

    Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

    Date: 02.11.2026

    Telangana High Court Quashes Customs Confiscation of Used MFD Imports

    This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .  

    The Telangana High Court has ruled that a later amendment imposing a 100-unit-per-model annual threshold could not be used to confiscate Arka Business Solutions’ consignment of used multi-function devices (MFDs) imported before that amendment took effect.

    Background of the dispute

    Arka Business Solutions, an importer and seller of used digital multi-function devices, imported 73 used MFDs from the United States. The company filed its Bill of Entry on 4 June 2026 at ICD Thimmapur.

    Customs examined the consignment on 19 June 2026. A Chartered Engineer appointed at Customs’ instance found that the machines were functional second-hand capital goods, had more than six years of residual life, were neither hazardous waste nor electronic waste, and each weighed more than 80 kg.

    Those findings were significant because the weight criterion placed the devices within the exemption for Highly Specialised Equipment (HSE) under the Electronics and Information Technology Goods (Requirements for Compulsory Registration) Order, 2021 (CRO 2021).

    Customs’ decision to confiscate the goods

    Despite the technical certification, Customs issued a show-cause notice alleging that the importer required DGFT authorisation under the Foreign Trade Policy, 2023, and had not met BIS registration requirements. The adjudicating authority subsequently divided the 73 machines into two categories:

    • 36 units were treated as prohibited goods because their models allegedly exceeded a 100-unit annual threshold when imports by all importers across India were counted. These units could be redeemed only for re-export, subject to a redemption fine of Rs. 1,33,257.
    • 37 units were treated as restricted goods. Customs allowed redemption for home consumption on payment of a Rs. 3,95,021 redemption fine.

    The order was based on the view that the 100-unit threshold under the amended Paragraph 8 of CRO 2021 applied nationally and across unrelated importers.

    Court’s findings: the amendment could not operate retrospectively

    The High Court set aside the confiscation order, holding that the amendment adding the quantitative limit came into force only on 15 June 2026. Since Arka Business Solutions had filed its Bill of Entry on 4 June 2026, the amended provision did not govern the import.

    The Court emphasized that subordinate legislation is presumed to operate prospectively unless it clearly states otherwise. The notification did not contain language giving it retrospective effect.

    Under Section 15 of the Customs Act, the relevant legal position for goods entered for home consumption is determined on the date the Bill of Entry is presented. Accordingly, later events, including the Customs examination, show-cause notice, and adjudication order, could not subject the earlier import to a restriction that was not in force at the relevant time.

    Why the 100-unit interpretation was also flawed

    The Court found additional defects in Customs’ reasoning. The language of the amended provision referred to equipment β€œmanufactured/imported in less than 100 units per model per year,” but did not expressly create an industry-wide cap shared by all importers.

    The Court observed that Customs had not explained why one importer should lose an exemption because unrelated importers had brought in the same model. A restrictive interpretation that limits an exemption on the basis of third-party imports required clear statutory language, which was absent.

    The Court also noted that the show-cause notice did not tell the importer that eligibility would be tested using all-India import data from other importers. Deciding the case on a basis not disclosed in the notice violated the principle that a noticee must know the case it has to answer.

    HSE exemption meant the devices were freely importable

    The Court reaffirmed its earlier interpretation of the relationship between CRO 2021 and the Foreign Trade Policy. Where used MFDs satisfy the HSE exemption, the compulsory registration requirement does not apply. As a result, the import cannot be treated as restricted under the provision dealing with second-hand goods subject to CRO compliance.

    Instead, qualifying goods fall within the category of freely importable second-hand capital goods. Since the Chartered Engineer had confirmed the devices met the weight threshold and were functional capital goods rather than e-waste, there was no basis to classify them as prohibited or restricted.

    The Court therefore found no basis for confiscation under Section 111(d) of the Customs Act. It also held that the record did not support allegations of misdeclaration under Section 111(m) or a penalty under Section 112.

    Outcome and release conditions

    The High Court allowed the writ petition and quashed the Customs order to the extent it:

    • classified the goods as prohibited or restricted;
    • confiscated them under Section 111(d);
    • imposed redemption fines; and
    • imposed any related penalty.

    Customs was directed to release the goods covered by the Bill of Entry, subject to conditions adopted from an earlier Arka Business Solutions decision. These conditions require the importer to deposit the enhanced duty amount after Customs quantifies it, while preserving the parties’ rights to pursue valuation issues separately. The Court also stated that any demurrage-waiver request must be considered objectively.

    Key legal takeaway

    The ruling confirms that import restrictions and exemption conditions must be assessed under the law in force when the Bill of Entry is filed. Customs cannot apply a later quantitative restriction retrospectively, expand an exemption limitation through an unclear all-India interpretation, or rely on grounds that were not put to the importer in the show-cause notice.

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Telangana High Court

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  • Himachal Pradesh HC: Bail Can Be Granted Despite Previous NDPS Cases Where Recovery Is Below Commercial Quantity

    Himachal Pradesh HC: Bail Can Be Granted Despite Previous NDPS Cases Where Recovery Is Below Commercial Quantity

    Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

    Date: 02.11.2026

    Himachal Pradesh HC: Bail Can Be Granted Despite Previous NDPS Cases Where Recovery Is Below Commercial Quantity

    This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .  

    The Himachal Pradesh High Court has granted post-arrest bail to Vijay Garla in an NDPS Act case involving the recovery of 512 grams of charas, holding that the quantity was below the commercial threshold and that continued pre-trial custody was not warranted on the facts before it.

    The case at a glance

    Justice Chirag Bhanu Singh passed the order on 31 October 2026 in Vijay Garla v. State of HP, arising from FIR No. 164 of 2026 registered at Police Station Sundernagar, District Mandi. The FIR invoked Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

    The petitioner sought post-arrest bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court allowed the application, subject to strict conditions, including a bail bond of Rs. 50,000 with two local sureties of the same amount.

    Alleged recovery following police checkpoint chase

    According to the State’s status report, a police team had set up a checkpoint at Pungh on the four-lane road in Sundernagar on 10 July 2026. At about 5:00 pm, officers noticed a white taxi approaching from the Sundernagar side.

    The taxi allegedly turned around and fled after its driver saw the police team. Police followed the vehicle and, about 500 metres away, found it parked near a truck. Four people were seated in the taxi, including Vijay Garla, who was seated in the rear.

    After associating an independent witness, the police searched the vehicle and reported recovering 512 grams of charas. All four occupants were arrested at the spot.

    Why the Court granted bail

    The Court’s decision turned principally on the quantity allegedly recovered, the stage of the criminal proceedings and the principle that pre-trial detention should not become punitive.

    Quantity was below commercial threshold

    The Court noted that 512 grams of charas was β€œless than commercial” quantity. It held that the stringent restrictions in Section 37 of the NDPS Act would therefore not apply with the same force in the circumstances of this case.

    It also observed that the recovery was not attributed exclusively to Vijay Garla, as the contraband was allegedly recovered from a vehicle occupied by four persons.

    Chargesheet had already been filed

    The investigation had culminated in the filing of the chargesheet. The Court found that the trial was likely to take time and that further incarceration before the case was decided would not be justified merely because the prosecution had been launched.

    Referring to Supreme Court decisions, the order reiterated that courts generally disfavor prolonged pre-trial incarceration, particularly where an accused remains presumed innocent until guilt is established at trial.

    Prior cases did not outweigh the exceptional factors

    The State opposed bail on the ground that two prior NDPS cases were registered against the petitioner and argued that he could repeat similar conduct. The Court acknowledged this concern and described him as a repeat offender.

    However, it concluded that the lower-than-commercial quantity, the shared nature of the alleged recovery and the probable delay in trial constituted peculiar circumstances justifying bail, albeit under stringent safeguards.

    Bail conditions imposed by the Court

    The petitioner’s release is subject to several conditions designed to protect the investigation and trial process:

    • He must not tamper with prosecution evidence or intimidate, threaten or coerce witnesses.
    • He must appear before the investigating officer or court whenever directed.
    • He cannot leave India without the court’s express permission and must surrender any passport to the investigating agency.
    • If he is later found involved in a similar NDPS offence and an FIR is registered, the bail may be cancelled immediately.

    The Court also allowed the State to consider preventive detention or measures for treatment or reformation if the petitioner is implicated in similar future activity.

    Legal significance of the order

    The ruling illustrates how bail decisions under the NDPS Act depend on the specific facts of each case. While prior criminal antecedents can weigh against an accused, they do not automatically rule out bail where the alleged quantity is below commercial quantity, the recovery is not solely linked to one accused, the investigation is complete and the trial may be prolonged.

    Importantly, the Court clarified that its observations were confined to deciding the bail request and do not express any view on the merits of the prosecution’s case. The criminal trial will determine whether the allegations are proved.

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Himachal Pradesh High Court

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