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Bombay High Court Directs Payment of Terminal Benefits to Widow of Missing Employee in MOIL Case — Presumption of Death Under Section 108 of Indian Evidence Act, 1872 Applied. Court Held That Employer Cannot Withhold Benefits After Seven Years of Disappearance and Must Consider Compassionate Appointment....

The petitioner, Smt. Seema, widow of Mohammad Arif, filed a writ petition seeking terminal benefits and compassionate appointment from Manganese Ore India Ltd. (MOIL), a Government of India Undertakin...

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Bombay High Court Dismisses Petition Challenging Transfer of Junior Clerk in Private School. Transfer Upheld as Administrative Decision Not Violative of Rule 41 of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981....

The petitioner, Shashikant Bapurao Pande, a Junior Clerk employed by respondent no.1, Mahatama Mungsaji Adiwasi Shikshan Sanstha, was initially transferred from Pusad to Dhamangaon on 14.06.2013. He w...

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Bombay High Court Allows Plaintiff's Summary Suit for Recovery of Contractual Payment in Earth Filling Work Dispute. Court holds that plaintiff proved contract and performance, and defendant failed to prove defence of poor quality or inflated claims....

The plaintiff, Mrs. Prabha P. Shenai, carrying on business as a proprietress in civil construction works under the name M/s. Sterling Engineering Co., filed a summary suit against the defendant, M/s. ...

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Bombay High Court Allows Appeal Against Acquittal in Section 138 NI Act Case — Magistrate's Mechanical Dismissal Under Section 256 CrPC Set Aside. The court held that the Magistrate must apply judicial mind before dismissing a complaint for non-appearance, and the order must reflect reasons for such dismissal....

The appellant, original complainant, filed a complaint against the respondent No.2 (accused) for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The complaint was pend...

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Bombay High Court Dismisses Appeals Against Winding Up Orders in Company Law Dispute — Failure to Discharge Debt and Lack of Bona Fide Dispute Justify Winding Up Under Sections 433 and 434 of the Companies Act, 1956. The court held that the appellants had no genuine dispute regarding the debt and the winding up petitions were maintainable....

The judgment pertains to three appeals filed by Neelkanth Devansh Developers Private Limited, Neelkanth Soham Developers Private Limited, and Neelkanth Kalindi Realtors Private Limited (collectively, ...

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High Court of Bombay at Aurangabad Dismisses Appeals by Insurance Company and Owner in Motor Accident Claim — Negligence of Driver Upheld. Compensation Award of Rs. 7,50,000 Confirmed Under Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the legal representatives of Balkrushna Khandagale, who died in a collision between a motorcycle and a tractor. The claimants sought compensation u...

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Bombay High Court Allows Petition Challenging Cancellation of Selection for Retail Outlet Dealership Due to Violation of Natural Justice. Cancellation of Selection Without Show Cause Notice Set Aside, Matter Remitted for Fresh Consideration After Hearing....

The petitioner, Mrs. Seema Raju Pol, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the cancellation of her selection for an MS/HSD retail outlet dealership by Bhara...

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Bombay High Court Allows Writ Petition Challenging Denial of Promotion to Branch Manager in Shabari Tribal Financial Development Corporation Ltd. — Held that Petitioner's Candidature for Promotion to Class-I Post Must Be Considered as Per Recruitment Rules....

The petitioner, Shridhar Sambhaji Dhale, possessed a Master's degree in Commerce and joined as Junior Assistant in 1979 with the Maharashtra State Co-operative Tribal Development Corporation Ltd. He l...

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High Court of Karnataka Quashes Lokayukta Report and Disciplinary Proceedings Against BWSSB Engineer for Unauthorised Construction Allegation — Report Under Section 12(3) of Karnataka Lokayukta Act, 1984 Set Aside for Non-Application of Mind and Violation of Natural Justice....

The petitioner, Sri S.V. Ramesh, an Assistant Executive Engineer with the Bangalore Water Supply and Sewerage Board (BWSSB), filed a writ petition under Article 226 of the Constitution of India challe...