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Bombay High Court Dismisses Revision and Allows Writ Petition in Eviction Suit — Tenant's Application for Leave to Contest Rejected Due to Non-Deposit of Rent Under Section 13(4) of Maharashtra Rent Control Act, 1999. The court held that the requirement of depositing rent under Section 13(4) is mandatory and a condition precedent for obtaining leave to contest, and that an order rejecting leave to contest is revisable under Section 13(5) of the Act....

The judgment concerns two connected proceedings: a Civil Revision Application filed by the landlords (Prakash G. Goyal and others) challenging the trial court's order dated 30/01/2017 which had grante...

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  • 125
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Bombay High Court Allows Petitioner's Challenge to Acceptance of Nomination in Sarpanch Election Due to False Affidavit. Filing of false affidavit regarding marital status is a defect of substantial character under Rule 9(2) of the Bombay Village Panchayats (Sarpanch and UpaSarpanch) Election Rules, 1964, requiring rejection of nomination....

The petitioner, Sou. Sonali w/o. Mangesh Lode, filed a writ petition challenging the acceptance of the nomination paper of respondent No.3, Bharti Purushottam Mahalle, for the election to the post of ...

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  • 79
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Bombay High Court Allows Petitioner in Tenancy Revision Case for Exceeding Revisional Jurisdiction. Maharashtra Revenue Tribunal's order set aside as it reappreciated evidence without finding jurisdictional error or perversity under Section 111 of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958....

The petitioner, a teacher, challenged the judgment of the Maharashtra Revenue Tribunal (M.R.T.) dated 21.10.2011 in Revision Application No.TEN/B40/2009 under Section 111 of the Maharashtra Tenancy an...

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  • 133
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Bombay High Court Dismisses Claim for Forest Land Under Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Due to Absence of Community Membership and Three-Generation Forest Residence. Individual Encroacher Who Does Not Reside in Forest and Is Not Part of Any Community Cannot Invoke Act's Protections....

The petitioner, an agriculturist, filed a writ petition before the Nagpur Bench of the Bombay High Court challenging the denial of allotment of land for cultivation under the Scheduled Tribes and Othe...

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  • 128
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Bombay High Court Dismisses Union's Petition Challenging Transfer of Employees Under EPF Act — Transfer of Employees to Subsidiary Not a 'Transfer of Establishment' Under Section 7A of EPF Act...

The petitioner, Aviation Karmachari Sanghatana, a trade union representing employees of Pawan Hans Ltd. (respondent no.1), filed a writ petition challenging the transfer of its members to Pawan Hans H...

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  • 160
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Bombay High Court Upholds Classification of Hybrid Amplifier as General Electronic Item Under Bombay Sales Tax Act, 1959 — Product Not an Accessory of Cable TV. The Court held that the Hybrid Amplifier or Line Extender is a general electronic item covered by schedule entry C-II-126, not an accessory of Cable TV under entry C-II-124....

The case involves a Sales Tax Reference under Section 61 of the Bombay Sales Tax Act, 1959, at the instance of the Revenue (Commissioner of Sales Tax) against the Assessee (M/s Khush Bhakht Electronic...

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  • 160
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Bombay High Court Quashes CAT Order Denying Pay Scale to Electrical Foreman in Central Poultry Breeding Farm. Parity Granted with Another Foreman at Same Farm Despite Petitioner's Lack of Diploma as Qualification Was Relaxed, Directing Pay Scale of Rs.5000-8000 from Date of Earlier Grant to Similarly Placed Employee....

The petitioner, Sardara Singh, was an Electrical Foreman at the Central Poultry Breeding Farm (CPBF) under the Union of India, Department of Animal Husbandry. He was initially appointed on a temporary...

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  • 114
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Bombay High Court Acquits Accused in Prevention of Corruption Act Case Due to Invalid Sanction and Insufficient Evidence. Failure to Obtain Valid Sanction Under Section 6 of Prevention of Corruption Act, 1947 Renders Trial Void and Conviction Unsustainable....

The case pertains to an appeal against the conviction of the appellants under Sections 5(1)(e) read with 5(2) of the Prevention of Corruption Act, 1947. The original accused No. 1, a Police Sub-Inspec...

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  • 117
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Bombay High Court Allows Writ Petition Challenging Auction Sale Confirmation in Cooperative Bank Recovery Proceedings. Vested Right in Auction Purchaser Not Accrued Until Sale Confirmation by Competent Authority Under Maharashtra Cooperative Societies Act, 1960....

The petitioner, Aniruddha Sadashiv Pande, a journalist from Yavatmal, had taken a loan from the Yavatmal Urban Cooperative Bank Ltd. (respondent no.3). Upon his default, the bank initiated recovery pr...

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  • 375
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Bombay High Court Reconsiders Seniority Bypass in Principal Appointments at Minority Institution Following Supreme Court Remand. The Court Examines Whether Appointments Under Goa School Education Rules, 1986 Were in Breach of Rules 74 and 86, Balancing Minority Rights Under Article 30....

(1) Background: The petitioner, a teacher in a higher secondary school run by the Diocesan Society (a minority educational institution receiving government aid), challenged the appointments of four of...

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