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Bombay High Court Declares Proposed Strike by Petroleum Workmen's Unions Illegal and Unjustified. Strike notices dated 6th July, 2011 and 12th July, 2011 held invalid for non-compliance with mandatory conciliation provisions under the Industrial Disputes Act, 1947....

The petitioner, Bharat Petroleum Corporation Ltd., a public limited company and a public utility service, filed two writ petitions under Article 226 of the Constitution of India seeking a declaration ...

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Bombay High Court Dismisses Review Petition in Eviction Case — No Error Apparent on Record. Review of judgment dated 21.10.2010 in Writ Petition No.711/2010 rejected as applicants sought re-argument of merits, not review under Order 47 Rule 1 CPC....

The applicants, tenants Shrichand s/o Rochaldas Khemani and Kawarlal s/o Rochaldas Khemani, filed a review application before the Bombay High Court, Nagpur Bench, seeking review of the judgment dated ...

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Bombay High Court Allows Compounding of NI Act Offence with 15% Costs — Cheque Dishonour Case Resolved by Full Payment of Cheque Amount. The court permitted compounding under Section 147 of the Negotiable Instruments Act, 1881, upon payment of the entire cheque amount of Rs. 37,000/- and 15% costs of Rs. 5,500/-, leading to acquittal of the accused....

The case involves a criminal revision application filed by Prema, the applicant, against the State of Maharashtra and Shobha Pareek, the respondent, arising from a complaint under Section 138 of the N...

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Bombay High Court Upholds Conviction for Murder in Rivalry Over Girl's Affection — Life Imprisonment Maintained for Accused Under Sections 147, 148, 302 r/w 149 IPC. The court found that the prosecution proved the common object of the unlawful assembly and the appellants' participation in the fatal assault, based on motive, recovery of weapons, and medical evidence....

The case involves two criminal appeals filed by Bhavesh Mulchand Bhagwani (accused No.1) and Ramesh @ Mundi Ganesh Solanki (accused No.2) against their conviction by the Additional Sessions Judge, Nag...

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Bombay High Court Quashes Industrial Court Interim Order in Unfair Labour Practice Case — Interim Relief Granted Without Considering Prima Facie Case or Balance of Convenience. Industrial Court's Blanket Protection Order Set Aside for Lack of Application of Mind Under Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971....

The petitioner, Agricultural Produce Market Committee, Warora, filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging a common order dated 10/03/2011 passed by th...

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Bombay High Court Quashes Disqualification Order in Gram Panchayat Member Case Due to Reliance on Unauthorized Report at Appellate Stage. Section 14(1)(j-3) of Bombay Village Panchayats Act, 1958 Requires Conclusive Proof of Encroachment; Appellate Authority Cannot Rely on Fresh Evidence Procured by Party Without Proper Procedure....

The petitioner, Ganesh Shankar Landge, was elected as a member of Gram Panchayat Mhaismal. The respondent No.4, Sakru Ganu Rathjod, also a member, contested for the post of Sarpanch but was defeated. ...

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Bombay High Court Allows Restoration of Condonation of Delay Application in Easement Rights Suit — Party Should Be Heard on Merits Rather Than Thrown Out on Technicalities. The court condoned a delay of 5 months and 15 days in filing restoration application, emphasizing that substantive rights should not be defeated by procedural technicalities....

The petitioner, Sheshrao Vithobaji Lakhapurkar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 29/04/2011 passed by the learned Ad hoc Distri...

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Bombay High Court Dismisses State Appeals Against Acquittal for Murder and Threat, Upholds Conviction Under Section 325 IPC. Acquittal for Offences Under Sections 302 and 506(II) Read with Section 34 IPC Upheld Due to Lack of Credible Evidence and Non-Explanation of Accused's Injuries....

The State of Maharashtra filed two appeals against the judgment and order of the 5th Additional Sessions Judge, Pune, in Sessions Case No. 431 of 1989. Four accused were tried for offences under Secti...

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Bombay High Court Upholds Landlords in Eviction Suit for Lease Termination — Unregistered Option Letters Do Not Extend Lease Term Under Section 107 of the Transfer of Property Act, 1882. Omission of the Word 'Structure' in Termination Notice Does Not Invalidate Termination of Lease Covering Land with Structure as Composite Premises....

The dispute involved a piece of land admeasuring 1310 sq. yards with structure in Worli, Mumbai, leased by three original lessors to Caltex (India) Ltd. in 1966 for ten years with renewal options. Cal...

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Bombay High Court Dismisses Petition Challenging Tax Deduction at Source on Land Acquisition Compensation. Section 194LA of Income Tax Act, 1961 Held Applicable at Time of Payment, Not Award Date....

The petitioners, owners of land acquired under the Land Acquisition Act, 1894, were aggrieved by the deduction of tax at source under Section 194LA of the Income Tax Act, 1961, while receiving compens...