Bombay High Court

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Bombay High Court Dismisses Petition Challenging Demolition Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888 — Building Declared Dangerous and in Ruinous Condition. Court Held That Occupants Cannot Resist Demolition of Unsafe Building on Grounds of Pending Redevelopment or Ownership Claims....

The petitioners, three occupants of a building called New Kisant Cooperative Housing Society in Mazgaon, Mumbai, challenged a notice dated 3rd July 2019 issued by the Municipal Corporation of Greater ...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established....

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai (son of Chimanlal), filed Suit No. 3107 of 1992 s...

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Bombay High Court Allows Appeal and Enhances Compensation in Motor Accident Claim Case — Multiplier Corrected from 10 to 17 and Future Prospects Added for Deceased Driver Aged 27 Years....

The appellants, widow and minor children of deceased Maruti Alhat, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for his death in a motor vehicle accid...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute — Failure to Make Out Ingredients of Section 420 IPC. Dispute Arising from Breach of Contract for Sale of Land Does Not Attract Criminal Liability Without Deception from Inception....

The petitioners, Rajesh Kalidas Khisti, Praveen Kalidas Khisti, and Arundhati Praveen Khisti, filed a writ petition before the Bombay High Court seeking quashing of criminal proceedings in R.C.C. No. ...

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Bombay High Court Upholds Conviction for Kidnapping and Abduction but Acquits of Rape in Case of Minor Girl. State's Appeals for Enhancement and Conviction under Section 376 IPC Dismissed, Accused's Appeal Partly Allowed....

The case involves three appeals arising from a trial court judgment where the accused, Hemant Ashokkumar Mittal, was charged with offences under Sections 363, 366-A, and 376 of the Indian Penal Code (...

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Bombay High Court Allows Teacher's Appointment Approval Despite Delay in Application by Management — Education Department Cannot Reject Approval on Ground of Delay When Management Failed to Apply Within Time. The court held that the teacher cannot be penalized for the laches of the management and directed the department to consider the proposal on merits....

The petitioner, Ganesh Vyankatesh Shinde, was appointed as a Shikshan Sevak (probationary teacher) on 15 June 2013 by the Krantiveer Chapekar Smarak Samiti, which runs a school. The management was req...

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Bombay High Court Dismisses State's Petition Against Industrial Court's Order Granting Permanency to Employee — Employee Cannot Be Forced to Accept Lower Post After Long Service as Clerk-cum-Typist. The Industrial Court's direction under Items 5, 6, 9 of Schedule IV of MRTU and PULP Act, 1971 was upheld as the employee had worked as Clerk-cum-Typist since 1991....

The State of Maharashtra and its forest department officials filed a writ petition challenging the Industrial Court's judgment dated 11/02/2005 in Complaint (ULP) No.251/1996. The Industrial Court had...

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Bombay High Court Acquits Accused in Attempt to Murder Case Due to Inconsistent Evidence. Conviction under Section 307 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The case involves two criminal appeals filed by original accused persons, Raju @ Pintya Hivrale and Mahendra @ Mandya Telgande, against a common judgment and order dated 8th February 2006 passed by th...

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Bombay High Court Allows Writ Petition Challenging Disqualification of Gram Panchayat Member Under Section 14(1)(h1) of Maharashtra Village Panchayats Act, 1959. Disqualification Quashed as No Prior Order Under Section 140 or 178 of the Act Was Passed Against the Petitioner....

The petitioner, Subhash Sakharam Shelke, was a member of Gram Panchayat, Shirpur, District Buldhana. Respondent No.3, Samadhan Waman Shelke, filed proceedings seeking disqualification of the petitione...

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Bombay High Court at Goa Allows Writ Petitions Challenging Rejection of Applications for Appointment to the Post of Police Constable Due to Non-Submission of Marksheets — Held That Educational Qualifications Must Be Determined as on the Date of Application and Not on the Date of Verification....

The judgment concerns four writ petitions filed by individuals who applied for the post of Police Constable in the Goa Police Department. The petitioners, Kunal Sanjay Naik, Allaudin Khan, Gaurav Goku...