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Bombay High Court Allows Review Petition in Gratuity Forfeiture Case — Petitioner's Termination for Misappropriation Does Not Automatically Forfeit Gratuity Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972. Court holds that forfeiture requires proof of loss caused by the employee's misconduct, and mere termination for misconduct is insufficient....

The petitioner, Laxman Balu Deualkar, was an ex-employee of the Kolhapur District Central Co-op. Bank Ltd. He was chargesheeted for misappropriation of funds and, after a departmental enquiry, his ser...

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Bombay High Court Allows Discharge of Accused in Abetment of Suicide Case Due to Lack of Instigation. Love Affair and Quarrels Insufficient to Attract Section 306 IPC Without Active Role or Mens Rea....

The applicant, Saksham Rajeev Kharbanda, a student at NIFT Kharghar, was charged under Section 306 IPC for allegedly abetting the suicide of his friend Rasika, who jumped from a building on 5 March 20...

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Bombay High Court Dismisses Challenge to Arbitral Award in Electricity Transmission Contract Dispute. Court upholds majority award granting escalation costs and interest to contractor for delays caused by principal....

The petitioner, Maharashtra State Electricity Transmission Co. Ltd., challenged a majority arbitral award dated 6 January 2017 under Section 34 of the Arbitration and Conciliation Act, 1996. The respo...

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Bombay High Court Quashes Termination of Lecturer in University of Mumbai for Violation of Natural Justice and Non-Compliance with UGC Regulations. Appointment of Lecturer on Reserved Post Held Valid Despite Alleged Irregularities, as Termination Order Was Passed Without Show Cause Notice or Opportunity of Hearing....

The petitioner, Sheshmani K. Dubey, was initially appointed as a Technical Assistant with the University of Mumbai on 13.03.1986. Subsequently, after selection by a properly constituted Selection Comm...

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Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Atrocity Case — Alleged Caste-Based Insult Not in Public View. Court holds that Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 requires insult to be in public view, and private conversation does not attract the provision....

The present appeal was filed by three appellants, namely Gayatri Sanjay Jaitmal, Baburao Rahuba Sonawane, and Padmabai Baburao Sonawane, challenging the order of the Sessions Court rejecting their app...

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Bombay High Court Grants Pre-Arrest Bail to Mother in SC/ST Act Case for Alleged Abetment of Promise to Marry. The court held that the bar under Section 18 of the SC/ST Act was not attracted as no prima facie case was made out against the appellant, who had no direct role in the alleged promise to marry or physical relations....

The appellant, Chhaya Devkate, mother of the main accused Vishwajeet, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, c...

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Bombay High Court Dismisses Petition Seeking Interim Relief Against Dismissal in Misappropriation Case. Labour Court and Industrial Court Correctly Refused to Restrain Employer from Issuing Punishment Order at Second Show Cause Stage Under MRTU and PULP Act, 1971....

The petitioner, Dhanraj Gaikwad, was employed as a clerk with the Maharashtra State Road Transport Corporation (MSRTC) since 2008. He was charge-sheeted on 19/07/2014 for alleged misappropriation in i...