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Bombay High Court Quashes FIR Against School Headmistress for Not Lowering National Flag After Sunset. Failure to Lower Flag After Sunset Does Not Attract Section 2 of Prevention of Insults to National Honour Act, 1971 as It Does Not Constitute Insult or Disrespect....

The applicant, Dr. Varsha Raj Salunke, was the Head Mistress of First Expression School. On 26th January 2018, she hoisted the National Flag on Republic Day but failed to lower it after sunset. On 27t...

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Bombay High Court Allows Widow's Family Pension Claim Under CRPF Rules — Liberal Interpretation of 'Family' Includes Widow Despite Husband's Remarriage. The Court held that the definition of 'family' under Rule 5 of CRPF Rules, 1971 includes the first wife, and denial of pension would be unjust....

The petitioner, Smt. Ranjana w/o Bhaskar Anasane, filed a writ petition before the Bombay High Court (Aurangabad Bench) seeking family pension as the widow of a deceased CRPF employee, Bhaskar Anasane...

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Bombay High Court Upholds Disqualification of Zilla Parishad Councillor for Having Three Children Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. Family Planning Policy Enforced Strictly to Curb Population Explosion....

The petitioner, Gautam s/o Rama Latke, was elected as a Councillor from the Anala (30) Constituency of Zilla Parishad, Osmanabad. He was aggrieved by the order of the Additional Commissioner dated 21/...

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Bombay High Court Allows Writ Petition Challenging Transfer Order of Agricultural Officer on Grounds of Malafides and Violation of Transfer Policy. Transfer Order Quashed as It Was Not in Public Interest and Was Motivated to Accommodate Another Officer....

The petitioner, Sandeep Dashrath Shirsath, was working as an Agricultural Officer at Panchayat Samiti Paithan, Aurangabad. He was transferred by an order dated 30.06.2016 to Zilla Parishad Akola. The ...

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Bombay High Court Dismisses Appeal Against Acquittal in Abetment of Suicide and Atrocities Case — No Evidence of Instigation or Intent to Humiliate. Suicide Note Not Proved as Dying Declaration; Acquittal Under Section 306 IPC and Section 3(1)(xi) of SC/ST Act Upheld....

The appellant, Smt. Prabhawatibai Dupare, mother of the deceased Suprema, filed a criminal appeal challenging the judgment and order dated 4.9.2009 passed by the District Judge-9 and Assistant Session...

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Bombay High Court Quashes Trial Court's Order Refusing Amendment in Land Acquisition Reference, Permits Inclusion of Mango Tree Claim. Amendment Sought Six Years After Filing of Reference Under Section 18 of Land Acquisition Act, 1894 Allowed as Pragmatic View Required to Subserve Ends of Justice....

The case arose from a land acquisition proceeding in which the petitioner's land was acquired, and he filed a reference under Section 18 of the Land Acquisition Act, 1894 seeking enhancement of compen...

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Bombay High Court Allows Teacher's Petition Challenging Termination for Invalid Inquiry Committee. Inquiry Committee Constituted Without Valid Delegation of Powers Renders Disciplinary Proceedings Void Under Section 5(3) of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The petitioner, a teacher employed at Swami Vivekanand High School run by respondent no.1 trust, was issued a show cause notice on 24.03.2003 alleging misconduct. After the petitioner submitted his ex...

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High Court Quashes Tribunal's Order Dismissing Delay Condonation in Railway Accident Compensation Case; Allows Condonation Due to Claimant's Poverty and Mental Shock. Condonation of Delay of 567 Days Allowed Under Section 17(2) of Railway Claims Tribunal Act, 1987, Considering Beneficial Nature of Railways Act, 1989 and Absence of Mala Fides....

The case arose from a railway accident on 6 November 2011, when the appellant, a poor and uneducated woman, fell while alighting from a train at Gangazari station, resulting in the amputation of her l...

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Bombay High Court Upholds Compensation Award in Motor Accident Claim Despite Invalid Driving Licence — Insurer Liable to Pay and Recover from Owner. The court applied the 'pay and recover' principle under Section 149 of the Motor Vehicles Act, 1988, directing the insurer to pay the third party and recover from the owner due to the driver's lack of valid licence....

The case arises from a motor accident claim filed by the widow of Hiraman Babar, who died in a vehicular accident on 24 September 2008 when an auto rickshaw hit him while he was crossing the road. The...

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Bombay High Court Hears Writ Petition Against Disqualification of Gram Panchayat Members Under Maharashtra Village Panchayats Act. Allegations of Encroachment on Government Land Led to Disqualification Under Section 14(1)(j-3); Petitioners Argued Encroachments Were by Spouses, Not Themselves....

The petitioners were elected members of Gram Panchayat Kalamb, with petitioner no.1 elected as Sarpanch. Respondent nos.5 and 6 filed a complaint on 5 July 2016 before the Additional Collector allegin...