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Bombay High Court Dismisses Petition Challenging Detention Under COFEPOSA Act for Smuggling of High Speed Diesel. Non-Supply of Bail Order Held Not Fatal to Detention Order as Detenu Was Aware of It....

The petitioner, brother of the detenu Samad Ismail Deshmukh, filed a writ of habeas corpus under Article 226 of the Constitution challenging the detention order dated 6/8/2009 passed under Section 3(1...

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Bombay High Court Dismisses Writ Petition Seeking Protection of Service as Art Teacher in Aided School for Handicapped Students. Transfer of Teacher from One Aided School to Another is Permissible Under MEPS Rules, and Petitioner Cannot Insist on Transfer Only to a School for Handicapped Students....

The Petitioner, Hanmant Bhagwat Melage, was employed as an Art Teacher in Rajiv Smruti Bahu-Uddeshiya Sanstha, an aided school for handicapped students at Barsi, Solapur. He filed a Writ Petition unde...

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Bombay High Court Quashes Circular Requiring Tourist Vehicle Permits for Contract Carriage Buses in Maharashtra. Circular dated 30.5.2009 Held Ultra Vires Motor Vehicles Act, 1988 as It Imposed Conditions Beyond Statutory Framework....

The petitioners, fifteen travel agencies operating contract carriage buses in Maharashtra, challenged a circular dated 30.5.2009 issued by the Transport Commissioner, Maharashtra. The circular directe...

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Bombay High Court at Goa Dismisses Petition Challenging Reference of Tenancy Claim to Mamlatdar in Partition Suit. Civil Court's Order to Refer Tenancy Dispute to Mamlatdar Under Section 7 of Goa, Daman and Diu Agricultural Tenancy Act, 1964 Upheld as Proper Exercise of Jurisdiction....

The petitioners, plaintiffs in Regular Civil Suit No.45/04 for partition of property surveyed under No.137/2 of Bordem Village, challenged the order dated 4/06/2007 of the learned Civil Judge Junior D...

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Bombay High Court Dismisses State's Appeals Against Acquittal for Murder and Enhancement of Sentence in Dowry Death Case. Conviction for Cruelty Under Section 498-A IPC Upheld as Prosecution Failed to Prove Abetment of Suicide Beyond Reasonable Doubt....

The case involves two appeals by the State of Maharashtra against a judgment of the 6th Additional Sessions Judge, Thane in Sessions Case No. 483 of 1991. The trial court acquitted all three accused (...

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Bombay High Court Allows Appeal in Unfair Labour Practice Case — Employer Not Liable for Wages During Lockout Period Due to Binding Settlement. Settlement Between Union and Employer Under Section 28 of MRTU & PULP Act Precludes Claim for Wages for Period of No Work....

The appellant, M/s. Mehta Gem Tools Private Limited, challenged an order of the learned Single Judge of the Bombay High Court in Writ Petition No. 2553 of 2006, which had upheld the Industrial Court's...

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Bombay High Court Allows Appeal in Arbitration Case — Holds That Death of Named Sole Arbitrator Does Not Invalidate Arbitration Agreement; Court Can Appoint Substitute Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996. The court set aside the Single Judge's order dismissing Section 9 application and remanded for fresh consideration....

The appellant, Khorshed E. Nagarwalla, filed an appeal against an order of a learned Single Judge of the Bombay High Court dismissing her application under Section 9 of the Arbitration and Conciliatio...