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Bombay High Court Allows Management's Petition in Teacher Termination Case — Reinstatement with Back Wages Set Aside Due to Non-Compliance with Section 5(2) of M.E.P.S. Act, 1977. Termination Void for Want of Prior Approval, but Tribunal's Order of Full Back Wages Unsustainable; Matter Remanded for Approval....

The petitioners, the management and the school, challenged the judgment and order dated 19/12/2014 passed by the School Tribunal, Chandrapur, which allowed the appeal filed by respondent No.1 (the emp...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Comprehensive Policy Covers Pillion Rider. The court held that a comprehensive insurance policy covers the risk of a pillion rider, relying on National Insurance Co. Ltd. Vs. Balakrishnan and another, 2013 ACJ 199....

The case arises from a motor accident claim. On 22.09.2002, the deceased Prashant was travelling as a pillion rider on a motor cycle bearing No.MH-24/N-2235 from Morshi to Vishanora at about 11.30 p.m...

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Bombay High Court Directs Fair Investigation in Domestic Violence Case, Warns Against Police Inaction. Court emphasizes that police officers must investigate crimes with seriousness and not adopt a non-cooperative stance, citing Rupali Devi v. State of Uttar Pradesh....

The petitioner, Vaishali Dhage, filed a criminal writ petition before the Bombay High Court at Nagpur, aggrieved by the non-cooperative stance of the police in investigating Crime No.285/2019 register...

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Bombay High Court Allows Appeal in Murder Case Due to Lack of Circumstantial Evidence and Invalid Confession. Confession recorded by Special Judicial Magistrate beyond territorial jurisdiction under Section 13 Cr.P.C. held inadmissible, leading to acquittal....

The appellant, Dular Munda, was convicted by the learned Sessions Judge, South Goa, at Margao for the murder of Sachin Oraon under Section 302 IPC and sentenced to life imprisonment. The prosecution's...

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High Court of Bombay at Goa Allows Criminal Appeal Against Dismissal of Complaint for Non-Prosecution — Lack of Diligence Not Established. Appellant's Absence Due to Advocate's Failure to Inform Short Date Constitutes Sufficient Cause for Restoration Under Section 256 of Code of Criminal Procedure, 1973....

The appellant, M/s Wibro Construction Co., filed a criminal appeal challenging the order dated 20.06.2017 passed by the learned Judicial Magistrate, First Class, Ponda, which dismissed the appellant's...

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Bombay High Court Allows Partition Appeal in Hindu Joint Family Property Dispute — Declares 1/6th Share Each to Appellants in Gat No. 287. Court holds that ancestral property is subject to partition and that exclusion from enjoyment of income constitutes ouster, entitling the excluded coparceners to a share....

The case involves a second appeal by the original plaintiffs, Vishnu Laxman Padule and Shantabai Laxman Padule, against the judgment and decree of the trial court in Regular Civil Suit No. 19/1975. Th...

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Bombay High Court Allows Second Appeal in Counter-Claim Case — Interpretation of Order 8 Rule 6A CPC. Appellant's counter-claim held maintainable despite being filed after written statement, as it arose from the same cause of action....

The appellant (original plaintiff) filed a suit for perpetual injunction in respect of a house property. The respondent (original defendant) filed a written statement denying the claim. Subsequently, ...

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Bombay High Court Dismisses Second Appeal in Mortgage Redemption Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the appellant failed to prove the mortgage and refusal to redeem, and no substantial question of law arises under Section 100 CPC....

The appellant, Gulabrao Vishwas Desai, filed a second appeal before the Bombay High Court against the judgment and order dated 3rd August 1988 passed by the first appellate court, which had upheld the...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay and Non-Application of Mind. Detenu's bail in criminal cases and lack of live link between alleged activities and public order led to quashing of detention order under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981....

The petitioner, Narendra @ Chotya Mahadev Balkawade, challenged a preventive detention order dated 04/10/2019 passed by the Commissioner of Police, Pune City, under Section 3 of the Maharashtra Preven...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Cogent Material and Illegible Documents. Preventive Detention Order Set Aside as Detaining Authority Failed to Show Imminent Possibility of Bail and Supplied Illegible Documents, Violating Right to Effective Representation Under Article 22(5)....

The petitioner, Vishal Popat Sangle, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, ...