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Bombay High Court Quashes Disqualification of Lonar Municipal Councillors for Non-Filing of Election Expenditure Returns Under Maharashtra Municipal Councils Act, 1965. State Election Commissioner’s Order Lacking Reasons and Individual Consideration Violates Principles of Natural Justice and Is Set Aside....

The dispute arose from a batch of writ petitions filed by elected councillors of the Municipal Council, Lonar, challenging a common order of the State Election Commissioner, Maharashtra, dated 18.02.2...

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Bombay High Court Allows Second Appeals in Property Dispute Between Brothers, Remands for Fresh Consideration on Limitation and Evidence Appreciation. The court held that the First Appellate Court must discuss evidence and cannot ignore a finding on limitation that has attained finality....

The case involves two second appeals arising from a property dispute between brothers. The appellants (Ulhas Shankar Barde and Urmila Ulhas Barde) and the respondents (Harischandra Shankar Barde and J...

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Bombay High Court Disposes of Petitions by Vice-Principals Challenging Seniority Criteria in Maharashtra Employees of Private Schools Act. Court Directs Authorities to Consider Historical Appointment Circumstances and Provide Hearing Before Any Adverse Reversion Based on 2002 Government Resolution....

The judgment disposes of a batch of writ petitions filed by teachers serving as Vice-Principals in junior colleges in Maharashtra. The petitioners had challenged a Government Resolution dated 2 Januar...

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Bombay High Court Dismisses Arbitration Application Due to Invalid Arbitration Clause. Mere Use of Word 'Arbitration' in Jurisdiction Clause Does Not Constitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996....

The applicant, Reshamsingh and Co. Pvt. Ltd., entered into a charter party agreement with the respondent, Dharti Dredging and Infrastructure Ltd., on 26 May 2008, under which the applicant provided a ...

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Bombay High Court Dismisses Petition Challenging School Tribunal Order in Teacher Promotion Dispute — Delay and Lack of Supersession Found. Appointment of Direct Recruit as Headmistress Did Not Amount to Supersession of Assistant Teacher Under MEPS Act and Rules....

The petitioner, Mohan Bapurao Shinde, was appointed as an Assistant Teacher in a school run by Respondent No.1 Trust in June 1990. The Trust established new schools in various locations, including Kop...

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High Court of Judicature at Bombay Bench at Aurangabad Considers Appeal Against Conviction Under Section 376(2)(f) IPC; Challenges Correctness of Trial Court's Finding. Trial Court Convicted Accused for Rape of Minor Girl Aged Three Years, Sentenced to Ten Years RI and Compensation....

The present appeal was filed against the judgment and order dated 4.12.2009 by the Additional Sessions Judge-2, Ambejogai in Sessions Case No.21/2008, convicting the appellant under Section 376(2)(f) ...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Delay in FIR. Conviction under Section 376 IPC and Section 3(2)(v) of SC/ST Act Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Ganesh Laxman Korde, was convicted by the learned Special Judge, Ambajogai, in Special Case No. 2 of 2007 for offences under Sections 376 and 452 of the Indian Penal Code and Section 3(...

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Bombay High Court Quashes Trial Court Order Directing Prosecution to Examine Additional Witnesses Under Section 311 CrPC — Power Cannot Be Used to Fill Gaps in Prosecution Case. The court held that summoning uncited witnesses to fill lacunae is beyond the scope of Section 311 CrPC and violates the accused's right to a fair trial....

The case involves a criminal application filed by the accused (applicants) challenging an interim order passed by the 1st Ad hoc Additional Sessions Judge, Wardha, on 23-2-2010, in Sessions Case No.81...