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Bombay High Court Allows Transfer Approval for Teacher in Education Service Dispute - Rule 41 of MEPS Rules Mandates Approval for Transfer Within Same Management. Transfer from school to junior college of same management is not a promotion requiring separate approval under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981....

The petitioner, Sau. Kalpana w/o Jayant Kolarkar, was an assistant teacher at New English High School (NEHS), Akola, run by Akola Education Society. Due to a retirement, a lecturer post fell vacant in...

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Bombay High Court Dismisses Challenge to Zilla Parishad Subject Committee Allotment by Show of Hands — Secret Ballot Not Mandatory Under Rules. Rule 6 of Maharashtra Zilla Parishads Rules, 1962 prescribes voting by show of hands; court holds that secret ballot is not a democratic right in the absence of statutory mandate....

The petitioners, members of the Standing Committee of Zilla Parishad, Chandrapur, challenged a resolution passed on 2 January 2010 in a special meeting allotting subject committees. The sole ground wa...

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High Court of Judicature at Bombay Nagpur Bench Quashes Maharashtra Transport Authority's Lottery System for Inter-State Stage Carriage Permits. The Court Holds that the Quasi-Judicial Function of Granting Permits Under the Motor Vehicles Act Cannot Be Delegated to a Game of Chance....

The dispute arose from two writ petitions filed before the Nagpur Bench of the Bombay High Court by individuals who had applied for inter-state stage carriage permits. The petitioners challenged Resol...

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Bombay High Court Dismisses Review Petition in Land Acquisition Case — Section 6 Notification Quashed for Violation of Section 5A Hearing. Court Holds That Fresh Declaration Under Section 6 Can Be Issued Beyond One Year If Original Notification Was Quashed Due to Procedural Defect....

The applicant, Narendra Tarachand Agrawal, filed a review application against the judgment of the Bombay High Court in Writ Petition No. 2017/2001, decided on 05.10.2002. The original writ petition ch...

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Bombay High Court Dismisses Writ Petition Challenging Validity of Second Proviso to Central Excise Exemption Notification. The court held that the procedural condition requiring a certificate from the Assistant Collector for claiming exemption on export goods is valid and intra vires the Central Excise Act, 1944....

The petitioners, Geldhof Auto and Gas Industries Ltd. and Shri Vaibhav Sanghi, filed a writ petition under Article 226 of the Constitution of India challenging the validity of an order dated 14th Dece...

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Bombay High Court Dismisses Both Wills in Sibling Dispute Over Mother's Estate — Suspicious Circumstances and Unnatural Dispositions Lead to Rejection of Probate. Both Wills failed to prove due execution and testamentary capacity, with the court finding that the propounders did not dispel the cloud of suspicion surrounding the wills....

The dispute in these two testamentary suits is between a brother and a sister, each claiming probate of a will allegedly executed by their mother. The father had initially executed a will on 22nd Marc...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 417 IPC for Cheating Upheld Based on False Promise of Marriage....

The appellant, Sunil Janya Dabka, was convicted by the Additional Sessions Judge, Palghar, for offences under Section 376 (rape) and Section 417 (cheating) of the Indian Penal Code, 1860, and sentence...

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Bombay High Court Dismisses Revenue's Appeal in Central Excise Penalty Case — CESTAT Order Upheld. Penalty under Rule 209A of Central Excise Rules, 1944 set aside for lack of evidence of aiding and abetting....

The case involves two appeals filed by the Commissioner of Central Excise, Mumbai, against the orders of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 12.08.2004. The CESTAT ha...

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Bombay High Court Allows Appeal by Revenue in Central Excise Case — Notification No.42/98 CE (NT) Held Valid. Tribunal Erred in Holding Notification Ultra Vires for Lack of Previous Publication Under Section 3A of Central Excise Act, 1944....

The appeal was filed by the Commissioner of Central Excise, Mumbai against the order of the Customs, Excise & Service Tax Appellate Tribunal (West Zonal Bench, Mumbai) dated 5th March, 2008. The Tribu...

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Bombay High Court Allows Modvat Credit in Central Excise Case Due to Lockout Causing Delay in Receipt of Goods. Notification dated 30.3.1994 restricting credit after 30.6.1994 for gate passes issued before 1.4.1994 held inapplicable where delay was due to lockout, a force majeure event....

The petitioners, N R C Limited and Mr. Ashokan A., filed a writ petition under Article 226 of the Constitution of India challenging a Notification dated 30.3.1994 issued under Rule 57G(2) of the Centr...