KAHC010159832015_1...
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High Court
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High Court
High Court of Karnataka Quashes Recovery Certificate in Industrial Disputes Act Case — Deputy Labour Commissioner Lacked Jurisdiction Under Section 33-C(1) for Disputed Claims. The court held that Section 33-C(1) of the Industrial Disputes Act, 1947 only permits recovery of admitted or determined amounts, not adjudication of disputed claims, and quashed the certificate issued without prior determination....
The petitioner, M/s Schneider Electric IT Business India Pvt. Ltd., a company engaged in assembly of electronic components with eight manufacturing units in Bengaluru and about 475 workmen, challenged...
- 161
High Court
Bombay High Court Allows Petition Challenging Election of Managing Committee Members in Cooperative Society — Violation of Section 73CA of Maharashtra Cooperative Societies Act, 1960. Court holds that election of members who are not eligible under the Act is void and sets aside the election of respondent nos. 4 to 19....
The petitioner, Gopal Kashinath Pawar, a shareholder and member of the Amravati Zilla Parishad Shikshak Sahakari Society Limited (respondent no. 3), a cooperative society registered under the Maharash...
- 116
High Court
Bombay High Court Dismisses Petitions Challenging Reduction of Superannuation Age from 60 to 58 for Employees of Government Mining Corporation. State as Sole Shareholder Can Amend Service Rules Unilaterally Without Employee Consent....
The petitioners, employees of Maharashtra State Mining Corporation Ltd. (a Government company), challenged the State Government's decision to reduce the age of superannuation from 60 to 58 years. The ...
- 187
High Court
Bombay High Court Quashes Charge Framed Without Hearing Accused in Sessions Case — Non-Compliance of Sections 226 and 227 CrPC. Charge set aside as Roznama did not record hearing of prosecution or defence before framing charge, violating mandatory procedure....
The petitioner, Akshay Manoj Jaisinghani, filed a Criminal Writ Petition before the Bombay High Court challenging the order framing charge against him passed by the Additional Sessions Judge, Pune on ...
- 180
High Court
Bombay High Court Upholds Conviction of Two Accused for Murder Under Section 302 IPC — Life Imprisonment Maintained Based on Consistent Eyewitness Testimony and Medical Evidence. Common Intention Established Under Section 34 IPC as Both Accused Participated in Assault with Shared Intent....
The appellants, Dattu Rama Theurkar and Deepak Dattu Theurkar, were convicted by the Additional Sessions Judge, Baramati, in Sessions Case No.23 of 1993 for offences under Section 302 read with Sectio...
- 147
High Court
Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay — Subjective Satisfaction Vitiated by Casual Approach. Delay of 9 months between incident and detention order held to vitiate the subjective satisfaction under MPDA Act....
The petitioner, Aalam Yosuf Shaikh, challenged a detention order dated 15 September 2017 passed under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and D...
- 78
High Court
Bombay High Court Dismisses Writ Petition Challenging Eviction Under Bombay Government Premises (Eviction) Act, 1955 — Lease Expiry and Government Requirement Justify Eviction. Petitioner's challenge to eviction dismissed as lease had expired and premises were required for government purposes....
The petitioner, Laxmi B. Metkari, was a lessee of a commercial premises in Mumbai under a lease deed dated 13 June 1981, renewed until 28 September 2004. After expiry, she continued occupation without...
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High Court
Bombay High Court Dismisses Appeal in Trust Membership Dispute Under Maharashtra Public Trust Act, 1950 — Termination of Trustees Held Invalid Due to Lack of Proper Notice and Violation of Natural Justice. The Assistant Charity Commissioner's order rejecting the change report was restored, as the General Body Meeting was not properly convened and the appellants were not given an opportunity to be heard....
The case pertains to a dispute over the membership of a public trust named 'Jaihind Shikshan Sanstha', registered under the Maharashtra Public Trust Act, 1950. The appellants, Govind Baliram Mugle and...
- 148
High Court
Bombay High Court Quashes FIR Against Sugar Factory Officials in Prohibition Act Case — Minister's Order Lacks Sanction Under Section 59A. Court holds that prior sanction under Section 59A of Maharashtra Prohibition Act, 1949 is mandatory for prosecution of public servants and that a Minister's order without application of mind cannot substitute such sanction....
The applicants, Balasaheb Mahadeo Lohar and Rajendra Daulat Dongare, were employees of Gangakhed Sugar & Energy Ltd. They filed a criminal application under Section 482 of the Code of Criminal Procedu...
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