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Bombay High Court Allows Petition of Shikshan Sevak for Salary from Date of Appointment in Maharashtra Schools Act Case. Education Officer's Condition to Pay Salary from Date of Approval Quashed as Appointment Was Made After Following Section 5(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The petitioner, Vikas Pandit Patil, was appointed as Shikshan Sevak by Respondent No. 4 (Higher Education Society, Shirala) at Respondent No. 5 School (Samaj Vikas Madhyamik and Uccha Madhyamak Vidyal...

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Bombay High Court Allows Petition Seeking Shalarth Identity for Teacher Despite Deputy Director's Disapproval of Appointment Approval. Deputy Director of Education Cannot Question Validity of Appointment After Approval by Education Officer Under Maharashtra Education Act....

The petitioners, including a teacher (Petitioner No.1) and the school management, sought directions to the Deputy Director of Education, Pune, to grant Shalarth Identity to the teacher and include his...

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  • 165
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Bombay High Court Dismisses Petition Challenging Industrial Tribunal Award — Charitable Trust Held to be 'Industry' Under Section 2(j) of Industrial Disputes Act, 1947. The court found that the trust's systematic and organized activities for employee benefit fall within the definition of industry, affirming the tribunal's jurisdiction....

The petitioner, Seth Motishaw Lalbaug Jain Charities, a charitable trust, filed a writ petition challenging an award passed by the Industrial Tribunal. The trust contended that it does not fall within...

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High Court of Judicature at Bombay Dismisses Bank's Challenge to Reinstatement and Regularisation of Daily-Wage Workers in Industrial Disputes Act Case — Upholds Tribunal's Finding of Illegal Termination. CGIT Award Directing Reinstatement with 30% Backwages and Regularisation Under Section 25F Not Interfered as Workers Completed 240 Days of Service and Termination Was in Violation of Statutory Provisions....

The writ petition challenged an award of the Central Government Industrial Tribunal-II, Mumbai, which had directed reinstatement and regularisation of 45 daily-wage peons engaged by Bank of Baroda at ...

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  • 95
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Bombay High Court Allows Writ Petition Challenging GST Assessment Order for Violation of Natural Justice. Show Cause Notice and Assessment Order Found to Be Identical, Indicating Non-Application of Mind by Adjudicating Authority....

The petitioner, a private limited company, challenged an assessment order dated 31 March 2023 passed under Section 73 of the Central Goods and Services Tax Act, 2017 (CGST Act) by the Assistant Commis...

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  • 68
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Bombay High Court Allows Writ Petitions Challenging DRT Orders Under SARFAESI Act, Holding That Section 14 Orders Are Administrative and Not Subject to Appeal Under Section 18. The court clarified that the remedy against a Section 14 order lies only by way of writ petition under Article 226/227, and the DRT has no power to review or recall its own Section 14 order....

The Bombay High Court dealt with a batch of writ petitions and interim applications challenging orders passed by the Debt Recovery Tribunal (DRT) under Section 14 of the Securitisation and Reconstruct...

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High Court of Judicature at Bombay Considers Writ Petition Seeking Refund of Stamp Duty on Unexecuted Instrument Under the Maharashtra Stamp Act, 1958. Court examines whether payment of stamp duty without execution of an instrument constitutes a valid charge and whether writ jurisdiction can be invoked for refund beyond the statutory limitation period, focusing on the definition of ‘instrument’ under Section 2(l) and the scheme of Sections 47 and 48....

The writ petition raised the question whether the High Court’s extraordinary jurisdiction under Article 226 of the Constitution could be invoked to direct refund of stamp duty paid by the petitioner...

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Bombay High Court Sets Aside Arbitral Award for Specific Performance of Development Agreement — Failure to Consider Limitation and Lack of Evidence of Agreement. Section 34 of Arbitration and Conciliation Act, 1996 challenge succeeds as award based on letter dated November 4, 2003 read with unregistered document suffers from patent illegality and perversity....

The Bombay High Court set aside an arbitral award dated August 5, 2017, which had granted specific performance of a development agreement in favor of the respondent, Nilkanth Enterprise, against the p...

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Bombay High Court Dismisses Petition Challenging SRA Order in Slum Rehabilitation Dispute — Petitioner Failed to Establish Entitlement to Alternate Accommodation Under SRA Scheme....

The petitioner, Samir Narain Bhojwani, filed a writ petition challenging an order passed by the Assistant Registrar, C.S. (Eastern & Western Suburban) SRA, Mumbai, which rejected his claim for alterna...

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Bombay High Court Allows Correction of Date of Birth in Service Record Based on Birth Certificate Under Registration of Births and Deaths Act, 1969. Representation made within one year of joining is within permissible period; birth certificate is reliable evidence....

The petitioner, Pravin Yeshwante, was appointed as Manager under order dated 24.04.2008 and joined duties on 20.05.2008. His date of birth was entered as 01.01.1970 based on the Secondary School Certi...

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Supreme Court Partly Allows Appeals Against High Court Orders Concerning Execution and Sta...

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