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Bombay High Court Dismisses Writ Petitions Challenging Denial of Promotions Under Municipal Corporation Rules. Requirement to Pass LSGD and Departmental Examinations Under 2010 Rules Held Mandatory, Seniority Alone Insufficient for Promotion....

(1) Background: The petitioners, employees of Kalyan Dombivali Municipal Corporation, held posts of Clerk-cum-Typist cum Computer Operator and were appointed prior to 1997. They sought promotions to v...

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Bombay High Court Allows Landlord's Appeal in Rent Act Eviction Case — Bonafide Need, Subletting, and Default Established. Trial Court's Eviction Order Restored as Single Judge Erred in Reversing Findings of Fact....

The appeal arises from a judgment and order dated 22-7-2008 passed by a learned Single Judge of the Bombay High Court, which reversed the eviction order passed by the trial court in a suit filed by th...

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Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Failure to Consider Less Restrictive Measures. Externment Order Under Section 56(1)(b) of Maharashtra Police Act, 1951 Set Aside as Authorities Did Not Consider Whether Lesser Restrictions Would Suffice....

The petitioner, Abasaheb Balasaheb Warkhade, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad challenging an externment order passed under Section 56(1)(b) of the Maharashtra ...

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Bombay High Court Dismisses Petition Seeking Departmental Enquiry and Criminal Proceedings Against Police Officer and Politician. Writ of Mandamus Cannot Be Issued to Direct Initiation of Departmental Enquiry or Criminal Proceedings Based on NC Complaint Under Article 226 of the Constitution of India....

The petitioner, Sachin Shantaram Sonwane, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, Bench at Aurangabad. The petition...

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High Court of Karnataka Quashes Suspension of Customs Broker License for Violation of Natural Justice — Ex-Parte Order Without Show Cause Notice Set Aside. The court held that suspension under Regulation 23 of CBLR, 2013 without affording opportunity of hearing is illegal and directed fresh consideration after show cause notice....

The petitioner, M/s Capricorn Logistics Pvt. Ltd., a Customs Broker, challenged an order dated 13.11.2017 passed by the Commissioner of Customs, Bangalore, under Regulation 23 of the Customs Brokers L...

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Bombay High Court Upholds Conviction Under Section 326 IPC for Spear Attack During Election Day. Dying Declarations and Medical Evidence Sufficient to Prove Intent to Cause Grievous Hurt Despite Acquittal for Murder....

The appellant, Mahendra Tekchand Behere, was convicted by the 1st Adhoc Additional Sessions Judge, Nagpur, in Sessions Trial 85 of 2000 for the offence punishable under Section 326 of the Indian Penal...

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Bombay High Court Acquits Accused in Rape Case Due to Inherent Improbability and False Implication — Conviction Under Section 376 IPC Set Aside on Grounds of Preponderance of Probabilities....

The appellant, Rajesh s/o Kewalramji Chute, was convicted by the Sessions Judge, Bhandara, for offences under Section 376 IPC (rape) and Section 506 IPC (criminal intimidation) and sentenced to rigoro...

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High Court of Bombay at Goa Allows Writ Petition Challenging Arbitrary Cut-Off Marks in Screening Test for Junior Scale Officer Recruitment. Rule 10 of Goa Civil Service Rules, 2016 Requires Objective Criteria; Commission's Discretion Must Be Exercised Reasonably....

The petitioners, who applied for the post of Junior Scale Officer in the Goa Civil Services, challenged the action of the Goa Public Service Commission in not recommending their names to the State Gov...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material. Reassessment based on change of opinion without new tangible material is invalid....

The petitioner, an individual assessee, filed his income tax return for Assessment Year 2010-11 on 30 March 2011 declaring income of ₹1.70 Crore and showing a capital receipt of ₹1.30 Crore. The o...

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Bombay High Court Partly Allows Owner's Appeal in Motor Accident Claim — Reduces Compensation for Death of 15-Year-Old Boy Due to Contributory Negligence. Owner of Tractor Held Liable for Negligence of Driver but Compensation Reduced by 50% for Deceased's Contributory Negligence in Sitting on Tractor....

The case arises from a motor accident claim filed by the original claimants (respondents No. 1 to 4) under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of Nagnath, a...