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Bombay High Court Allows Petition Challenging Reclassification of Graduate Teacher as Assistant Teacher. Transfer of Teacher Between Zilla Parishads Does Not Alter Entitlement to Graduate Pay Scale Under Rule 6(8) of Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967....

The petitioner, Dinesh Babanrao Deshmukh, was serving as an Assistant Teacher in a school run by Zilla Parishad, Nagpur, and was granted the graduate pay scale with effect from 17.1.1990. He was trans...

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Bombay High Court Allows Wife's Appeal in Muslim Divorce Dispute — Holds Divorce Agreement as Talak in Ahsan Mode, Not Khula, and Remarriage Valid Without Halala. The court determined that the divorce agreement dated 18th April, 2004 was a Talak in Ahsan mode, and the wife was not required to undergo Halala before remarriage on 5th April, 2007....

The case involves an appeal under section 19 of the Family Courts Act, 1984, arising from a dispute between a Muslim couple. The appellant-wife, Mrs. Sabah Adnan Sami Khan, and the respondent-husband,...

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Bombay High Court Upholds Conviction of Four Accused in Murder Case Arising from Factional Clash. Life Imprisonment Under Section 302 IPC Read With 149 IPC Confirmed Based on Corroborated Eyewitness Testimony and Medical Evidence....

The case arises from a factional clash between two groups in the Nalawade family in Velha, Pune. On the day of the incident, the deceased was attacked by a group of accused persons, including the appe...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Prima Facie Case for Injunction. Plaintiff failed to establish any agreement for allotment of shops in new complex after accepting compensation and vacating premises....

The appellant, Sports and Leisure Apparel Ltd., was the original plaintiff in a suit for specific performance. The plaintiff had been in occupation of two shops at Crossroad Mall under a lease from de...

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Bombay High Court Allows Appeal Against Condition of Security for Vacating Arrest of Cargo in Admiralty Suit - Cargo Owner Not Liable for Demurrage and Port Charges as They Are Not Party to Contract of Carriage...

The appellant, Best Food International Pvt. Ltd., filed an appeal under Clause 15 of the Letters Patent against an order dated 4th February 2010 passed by a learned Single Judge of the Bombay High Cou...

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Bombay High Court Upholds Interim Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. The court confirmed the order restraining the defendant from alienating the flat pending suit, as the plaintiff had paid part consideration and was ready to pay the balance....

The plaintiff filed a suit for specific performance of an agreement to sell a flat dated 3rd April 2006. The total consideration was Rs.24.50 lakhs, out of which Rs.4.50 lakhs had been paid to the ori...

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Bombay High Court Quashes Government Circular Requiring Primary Teachers to Perform Non-Educational Duties in Water Conservation Work. Circular directing teachers to work as supervisors for water conservation projects held contrary to State's own policy and beyond the scope of permissible non-educational duties under the Maharashtra Primary Education Act....

The petitioner, Maharashtra Rajya Prathamik Shikshan Sangh, a trust registered under the Bombay Public Trust Act, through its Adhyaksha Baburao Hari Palkar, filed a writ petition under Article 226 of ...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Excess Amount Claimed. Loan Agreement Required Quarterly Interest Rests but Complainant Charged Monthly Rests Without Intimation, Rendering Cheque Amount Not Legally Enforceable....

The appellant, Vividha Urban Co-operative Credit Society Limited, filed a criminal appeal against the acquittal of the accused, Gurudas Krishna Fatrekar, under Section 138 of the Negotiable Instrument...

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Bombay High Court Allows Appeal in Cheque Dishonour Case Due to Complainant's Suppression of Payments — Acquittal Set Aside, Conviction Restored. The court held that suppression of payments by the complainant does not automatically rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881; the accused must lead evidence to rebut the presumption....

The appeal was filed by the complainant, Mr. Anthony Francis D'Souza, against the judgment dated 26/06/2009 passed by the Judicial Magistrate First Class (JMFC) at Mapusa, Goa, acquitting the accused,...

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Bombay High Court Dismisses Petition Challenging Promotion Quota Between Degree and Diploma Holders. Classification based on educational qualifications for promotion from Junior Engineer to Assistant Engineer is reasonable and not violative of Articles 14 and 16....

The petitioners, K.K. Bhaskaran and Sarjeet Singh, were working as Junior Engineers in the Electrical Department of the Administration of Union Territory of Daman and Diu. They were diploma holders in...