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Bombay High Court Dismisses Railway's Appeal in Untoward Incident Death Case — Compensation Awarded to Legal Heirs of Deceased Passenger. Death due to accidental fall from train while alighting constitutes an untoward incident under Section 124A of the Railways Act, 1989, and negligence is not a defense....

The case involves an appeal by the Union of India, represented by the General Manager of South Central Railway, against the judgment and award dated 19.12.2008 passed by the Railway Claims Tribunal at...

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High Court of Judicature at Bombay Hears Challenges to Vice-Chancellor's Disciplinary Directions and Re-appointment Refusal. Dispute Concerns Whether Vice-Chancellor of University Possesses Authority Under Section 12 of Maharashtra Public Universities Act, 2016 to Direct Management to Initiate Disciplinary Inquiry Against Principal....

The High Court of Judicature at Bombay, Nagpur Bench, heard three connected writ petitions involving a dispute over the disciplinary action against the Principal of Shri Gadge Maharaj Vidyalaya, Murti...

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Bombay High Court Allows Writ Petition Seeking Compensatory Appointment Despite Pending Civil Suit — Pendency of Civil Suit Regarding Title Does Not Bar Consideration of Rehabilitation Claim Under Coal Bearing Areas (Acquisition and Development) Act, 1957....

The petitioners, Mirabai Namdeo Gaurkar and her son Raju Namdeo Gaurkar, filed a writ petition challenging a communication dated 05-12-2020 from Western Coalfields Ltd. (WCL) which kept in abeyance th...

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High Court of Bombay at Goa Considers Employer's Writ Petitions Challenging Industrial Tribunal Awards on Transfer of Employees Within Goa. Interpretation of Clause 18 of Appointment Letters and Application of Kundan Sugar Mills v. Ziyauddin to Transfers to Non-Existent Establishments Are Central Legal Questions....

The petitioner, an employer, filed two writ petitions before the High Court of Bombay at Goa challenging two awards of the Industrial Tribunal dated 06.11.2019 and 23.12.2019, which disposed of Refere...

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Bombay High Court Dismisses Petition Challenging Rejection of Delay Condonation Application in Civil Suit — 228-Day Delay Not Sufficiently Explained. The court upheld the trial court's finding that the explanation for delay was vague and unsupported by evidence, declining to interfere under Article 227....

The petitioners, plaintiffs in a civil suit, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated 07.01.2023 passed by the trial court in Misce...

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Bombay High Court Allows Writ Petitions by Financial Institutions Seeking Police Protection for Secured Asset Recovery Under SARFAESI Act — Held That Section 14 of SARFAESI Act Does Not Oust Writ Jurisdiction and That Police Authorities Must Provide Assistance for Recovery of Possession of Secured Assets....

The judgment involves three writ petitions filed by financial institutions seeking police protection for recovery of possession of secured assets under the Securitisation and Reconstruction of Financi...

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Bombay High Court Allows Writ Petition Challenging Revised Select List Excluding SBC Candidates from Vidhyut Sahayyak Posts. Court holds that MSEDCL's decision to exclude SBC candidates from revised wait list due to re-allocation of SEBC/EWS vacancies to Open Category was arbitrary and violative of Articles 14 and 16 of the Constitution....

The petitioners, 87 aspirants belonging to the Special Backward Classes (SBC), filed a writ petition challenging the revised select list and revised wait list dated 27 October 2022 published by the Ma...

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Bombay High Court Allows Appeal by Prosecutrix in POCSO Case, Sets Aside Acquittal of Accused for Kidnapping and Rape of Minor. Court holds that consent of a minor is irrelevant and the victim's testimony is credible despite minor inconsistencies....

The case arises from an appeal filed by the prosecutrix (victim) under Section 372 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 07.11.2019 passed by the learned Sp...

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Bombay High Court Upholds Conviction in Cheque Bounce Case — Rebuttable Presumption Under Section 139 NI Act Not Displaced by Accused. The court held that the accused failed to rebut the presumption that the cheque was issued for discharge of a legally enforceable debt, and the defence of cash repayment was not proved....

The case pertains to a criminal revision application filed by the accused challenging his conviction under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged that the accused...