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Bombay High Court Quashes Condition Requiring Marathi Language Knowledge for Auto Rickshaw Permits as Ultra Vires the Motor Vehicles Act, 1988. The Imposition of Such a Condition Lacked Statutory Backing Under Sections 73 and 74 of the Act and Rule 24 of the Maharashtra Motor Vehicles Rules, 1989 Only Applied to Driver's Badges....

The litigation arose from a group of writ petitions filed before the Bombay High Court challenging a condition imposed by the State of Maharashtra requiring applicants for contract carriage permits fo...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Interim Compensation Under Section 140 MV Act Cannot Be Kept in Abeyance. Tribunal erred in deferring no-fault liability compensation pending final adjudication of main claim petition....

The appellant, K.L. Vidyashankar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for injuries sustained in a motor vehicle accident on 03-10-2015. He als...

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High Court of Karnataka Dismisses Writ Petition of Ex-Conductor Challenging Labour Court Award Denying Reinstatement. Labour Court's Finding of Invalid Enquiry Did Not Automatically Entitle Workman to Reinstatement; No Back Wages Awarded Due to Lack of Proof of Unemployment....

The petitioner, Dasharath, was a conductor employed by the NEKRTC (respondent). He was charged with misconduct of pilferage and, after a departmental enquiry, was dismissed from service. He filed an i...

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Bombay High Court Dismisses Revision Against Trial Court's Order on Preliminary Issues in Property Suit Between Sisters. Court Holds That Valuation and Limitation Are Mixed Questions of Law and Fact Requiring Trial, Not Preliminary Determination....

The case involves a civil revision application filed by the original defendant, Smt. Archana Randaye, against an order of the trial court dated 3rd May 2016, which answered preliminary issues regardin...

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Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999....

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (defendant) from using the trade mark or trade name...

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High Court of Bombay at Goa Sets Aside Cancellation of Shack Allotment for Violation of Natural Justice. Petitioner's Shack Allotment Cancelled Without Proper Show Cause Notice or Opportunity of Hearing Under Tourism Shack Policy 2016-19....

The petitioner, Luis Diago D'Souza, was allotted a beach shack under the Tourism Shack Policy 2016-19. Respondent No.3, Gabriel Fernandes, filed a complaint alleging that the petitioner violated Claus...

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Bombay High Court Allows Resignation of Bank Officer Despite Pending Disciplinary Proceedings — Rule 20(2)(b) of SBI Officers Service Rules, 1992 Does Not Bar Acceptance of Resignation Before Charge-Sheet. The Court held that the deeming provision of pending disciplinary proceedings does not prevent acceptance of resignation when no charge-sheet has been issued....

The petitioner, Lt. Cdr. Sanjay Barai, an officer of the State Bank of India, submitted his resignation on 16 January 2017. On 30 January 2017, the Bank issued a memorandum initiating disciplinary pro...

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Bombay High Court Allows Writ Petition Challenging Central Administrative Tribunal's Denial of Relaxation in Promotion to SC/ST Employees. Constitutional Amendment Allowing Lower Qualifying Marks for SC/ST in Promotions Held to Take Effect from Date of Presidential Assent, Not from Date of Office Memorandum....

The writ petition arose from a challenge to the order of the Central Administrative Tribunal (CAT) Mumbai, which dismissed Original Application No.586 of 2011 filed by the petitioners. Petitioner No.1...

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Bombay High Court Directs State to Issue Notification Giving Effect to Withdrawal of Land Acquisition Under Section 48(1) of Land Acquisition Act, 1894. Minister's Order Deleting Land from Acquisition Must Be Implemented by Issuing Appropriate Notification....

The petitioner, Vishnudev Coop. Hsg. Society, a registered cooperative society, was the owner of land admeasuring 10H 33R forming part of Survey No.210/1 at Mauje Wakad, Taluka Mulshi, District Pune. ...