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Bombay High Court Quashes Dismissal Order in MSEB Disciplinary Case — Violation of Natural Justice. Disciplinary Authority Failed to Supply Inquiry Report Before Imposing Penalty Despite Inquiry Officer's Exoneration....

The petitioner, Shamsundar Yashwant More, a retired employee of the Maharashtra State Electricity Board (MSEB), challenged the order of dismissal passed by the disciplinary authority (respondent No.4)...

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Bombay High Court Dismisses Writ Petition Challenging Mamlatdar's Order to Remove Obstructions in Agricultural Way. Jurisdiction of Mamlatdar's Court Under Section 5 of Mamlatdars' Courts Act, 1906 is Not Barred by Pendency of Civil Suit for Declaration of Right of Way....

The petitioners, owners of Gat Nos. 40/8 and 40/9, challenged the orders of the Tahsildar and Sub Divisional Officer directing them to remove obstructions in the way through their fields to Gat No. 40...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case, Modifies Interest Rate. Interest on compensation awarded from date of application at 12% per annum instead of 7% from date of order....

The appellants, being the widow, minor children, and mother of the deceased Arvindkumar Bhimjiyani, filed a claim before the Railway Claims Tribunal for compensation arising from a railway accident. T...

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Bombay High Court Dismisses Writ Petition Challenging School Tribunal's Seniority Determination in Teacher Promotion Dispute. Seniority among teachers determined by possession of requisite qualifications at time of recruitment, not by date of initial appointment....

The petitioner, Vasant Babanrao Palkandwar, was appointed as an Assistant Teacher on 01.09.1982 with qualifications S.S.C. and D.Ed. (2 years course). He later obtained B.A. on 14.01.1985 and B.Ed. in...

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High Court of Bombay Dismisses Writ Petition Challenging Classification of Cooperative Society as Apex Society for Ginning and Pressing. Court Upholds Director's Decision That Society Restricted to Cotton-Related Activities Does Not Qualify as Apex Marketing Society Under Maharashtra Cooperative Societies Act, 1960....

The petitioner, a representative of Maharashtra State Cooperative Cotton Growers' Marketing Federation Limited (respondent No.6), filed a writ petition before the Nagpur Bench of the Bombay High Court...

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Bombay High Court Allows Landlords' Writ Petition in Rent Control Eviction Case — Ex Parte Decree Restored. Tenant Failed to Show Sufficient Cause for Absence Under Order 9 Rule 13 CPC; Decree for Possession on Grounds of Default, Subletting, and Profiteering Under Bombay Rent Act Upheld....

The petitioners, landlords of the suit premises, filed a suit for possession against the tenant (respondent no.1) and alleged subtenants (respondent nos.2-4) in the Small Causes Court, Pune. The tenan...

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Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for Lack of Evidence of Use and Passing Off. Marks VIVACITY and VIVZ held not deceptively similar to registered mark VIVA under Trade Marks Act, 1999....

The Plaintiffs, Arviva Industries (India) Ltd., filed a suit seeking an injunction against the Defendants, Vikas M. Tulsian and others, alleging infringement of their registered trademark VIVA and pas...

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Bombay High Court Dismisses Appeal as Infructuous in Attempt to Murder Case — Appellant Already Served Full Sentence. Conviction under Section 307 IPC Upheld as Appeal Became Infructuous Due to Completion of Sentence....

The appellant, Shankar @ Satyanna Malayya Gopi, was convicted by the Additional Sessions Judge, Greater Bombay in Session Case No.780 of 2002 for the offence punishable under Section 307 of the Indian...

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Bombay High Court Quashes Externment Order for Non-Application of Mind Under Section 56(1) of Bombay Police Act, 1951. Court held that mere registration of four offences without considering their disposal or acquittal does not justify externment, and appellate authority must apply its mind independently....

The petitioner, Sukhdev Dada Wagh, a resident of Kokamthan, Kopargaon, Ahmednagar, was issued a notice by the Sub-Divisional Police Officer on 15th April 2009 to show cause why he should not be extern...

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Bombay High Court Allows Second Appeal in Injunction Suit — Presumption of Title from Revenue Entries Rebutted by Letters Proving Possession. Letters Exh.149-160 held proved and sufficient to rebut presumption under Section 133 of the Maharashtra Land Revenue Code, 1966, leading to dismissal of suit for injunction....

The case involves a second appeal by the defendant against a decree of injunction passed by the first appellate court. The original plaintiff, Swarupchand, a lunatic acting through his next friend, fi...