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Bombay High Court Dismisses Writ Petition Against Cancellation of Lease Deed by Maharashtra Tourism Development Corporation Ltd. Due to Disputed Arrears Figures. High Court Holds That Complex Disputed Questions of Fact Requiring Oral Evidence Cannot Be Adjudicated Under Article 226; Directs Petitioner to Seek Alternate Remedy....

The case concerned a writ petition filed by a partnership firm, M/s Sachin and Sachin Corporation, under Article 226 of the Constitution of India, challenging the communication dated 3 March 2017 issu...

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Bombay High Court Allows Criminal Appeal Restoration: Dismissal in Default for Non-Deposit of Paper Book Charges Invalid. Criminal appeal cannot be dismissed for non-prosecution; appellate court must decide on merits under Section 386 CrPC....

The petitioner, Dipak Tundalwar, filed a criminal writ petition challenging the order dated 28.6.2016 passed by the learned Additional Sessions Judge, Darwha, dismissing his appeal in default for fail...

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Bombay High Court Dismisses Petition of Assistant Teacher Challenging Termination - Acceptance of Temporary Appointment as Junior College Lecturer Constitutes Waiver of Rights to Permanent Post Under MEPS Rules...

The petitioner, Sahebdas Sakharam Borkar, was initially appointed as an untrained graduate teacher on 17 June 1986 at a school run by the Maharashtra Rural Education Society. He later obtained trainin...

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Bombay High Court Dismisses Sarpanch's Challenge to No-Confidence Motion Notice — Subsequent Motion Permissible After Earlier Motion Set Aside on Technical Grounds. The court applied Ramesh vs. Sheshrao (1998) 9 SCC 113 to hold that a fresh no-confidence motion can be initiated when the earlier motion was not carried on merits....

The petitioner, Mayavati Rahul Sadar, was the Sarpanch of Gram Panchayat, Chatari. A no-confidence motion was passed against her on 06/05/2016, but she challenged it in Writ Petition No.1818/2017, whi...

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Bombay High Court Allows Furlough to Life Convict in Furlough Rejection Case — Rule 313(2) Goa Prison Rules, 2006 Held Directory. Convict Under Section 392 IPC Not Automatically Barred From Furlough; Long Incarceration and Good Conduct Considered....

The petitioner, Anthony Rebello, a life convict serving sentence at Central Jail Colvale, Goa, filed a Criminal Writ Petition before the Bombay High Court at Goa challenging the rejection of his appli...

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Bombay High Court Quashes Criminal Proceedings in Matrimonial Dispute Due to Settlement — Proceedings under Section 498A IPC and Dowry Prohibition Act Quashed as Complainant and Accused Resolved Differences and Complainant Residing with Husband....

The applicants, Rameshwar s/o Nivrutti Bingole and three others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of First Information Report (F...

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Bombay High Court Allows Promotion Claim of Diploma Holder Engineer in Municipal Corporation — Exclusion from Promotion to Deputy Engineer Quashed. Petitioner's five years of service as trainee/diploma holder entitled him to be treated as Sectional Engineer and eligible for promotion to Deputy Engineer without passing departmental examination....

The Petitioner, Shri Sandesh Gajmal Shinde, a diploma holder engineer employed with the Nashik Municipal Corporation, was aggrieved by his exclusion from promotion to the post of Deputy Engineer. The ...

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Bombay High Court Dismisses Furlough Petition for Convict Under Sections 392, 395 IPC Due to Statutory Bar and Past Misconduct. Rule 4(2) of Prisons (Bombay Furlough and Parole) Rules, 1959 prohibits furlough for prisoners convicted of offences under Sections 392 to 402 IPC, regardless of whether sentence for those offences has been served....

The petitioner, Jalindarsingh Ajitsingh Kalyani, a prisoner at Kolhapur Central Prison, filed a Criminal Writ Petition through jail challenging the rejection of his furlough application. He had been c...

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Bombay High Court Dismisses Appeal Against Rejection of Anticipatory Bail for Principal Accused of Rape. Delay in FIR Explained by Threat of Job Loss, Defence of Counterblast to Be Proved at Trial....

The appellant, Suresh Supdu Kapadnis, was the principal of an educational institution where the complainant worked as a superintendent. The complainant alleged that the appellant raped her on four occ...

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Bombay High Court Allows Petitions Challenging Issuance of Process in Criminal Complaint for Non-Compliance with Section 204(4) CrPC. Failure to Pay Process Fees Within Reasonable Time Mandates Dismissal of Complaint, Not Deferred Issuance of Process....

The petitioners, accused nos. 1 to 4 in Regular Criminal Case No. 762 of 2007, filed two criminal writ petitions challenging the order dated 1.10.2016 passed by the Judicial Magistrate, FC, Court No. ...