Bombay High Court

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Bombay High Court Dismisses Project Affected Person's Petition for Age Relaxation in Stipendiary Trainee Recruitment. Court holds that age relaxation for project affected persons is a matter of policy and cannot be claimed as a matter of right, and the employer's decision to prescribe age limits is binding....

The petitioner, Jitendra Dattatreya Raut, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the Nuclear Power Corporation of India Limited (NPCIL) to permit h...

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Bombay High Court Dismisses Petitions Challenging Demolition of Construction on Mangrove Land. Court Refuses to Entertain Disputed Questions of Fact Under Article 226 and Directs Petitioners to Avail Alternative Remedies....

The petitioners, Prakash Dattaram Bhandari and Sandeep Balchandra Yadav, filed separate writ petitions challenging the demolition of their constructions allegedly on mangrove land. The respondents, th...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Leave and License Agreements Establish Licensee Status. Oral Lease Claim Rejected as Written Agreements Show Clear Intention to Grant Only License, Not Lease....

The plaintiff-respondent, owner of Shop No. 8, filed a suit for possession against the defendant-appellant, who was inducted as a licensee in 2007 under a leave and license agreement for 11 months. Th...

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Bombay High Court Upholds Conviction for Rape of Minor in Custody — Evidence of Victim and Medical Report Sufficient to Prove Sexual Assault. Appellant convicted under Section 376(2) IPC for repeated sexual abuse of a 10-year-old girl entrusted to his care....

The appellant, Ajaysingh Kuvarsingh Dahiya, was convicted by the Additional Sessions Judge, Gr. Bombay, for offences under Section 376(2) (rape) and Section 506(II) (criminal intimidation) of the Indi...

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Bombay High Court Upholds Conviction of Father for Rape of Minor Daughter Under Section 376(2)(f) IPC. Evidence of Hostile Victim Corroborated by Medical and Circumstantial Evidence Sufficient to Sustain Conviction....

The appellant, Baban Devji Rathod, was convicted by the Additional Sessions Judge, Satara, for the offence punishable under Section 376(2)(f) of the Indian Penal Code (IPC) for raping his own minor da...

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Bombay High Court Allows Section 11 Application and Appoints Arbitrator in Commercial Dispute Over Termination of Procurement Agreement. Pre-Arbitral Negotiation Clause Held Not Mandatory Condition Precedent Under Section 11 of the Arbitration and Conciliation Act, 1996....

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 filed by Tech Mahindra Ltd. against Tata Communications Transformation Services Ltd. seeking appointment of an arb...

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Bombay High Court Allows Petition of Life Convict for Transfer to Open Prison Despite TADA Conviction — Rule 4(ii)(n) of Maharashtra Open Prisons Rules, 1971 Does Not Create Absolute Bar. Court Directs Reconsideration of Representation Within Four Weeks, Citing Good Conduct and Parity....

The petitioner, Sardar S/ Shah Wali Khan, a life convict under the Terrorist and Disruptive Activities (Prevention) Act (TADA) sentenced on 6 June 2007, filed a criminal writ petition seeking a direct...

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Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Act Case Due to Prima Facie False Allegations and Lack of Public View Element. The court held that the bar under Section 18 of the SC/ST Act does not apply when the ingredients of Section 3(1)(r)(s) are not made out, as the incident occurred in a private place....

The judgment pertains to two criminal appeals filed by the appellants against the order dated 05-03-2019 passed by the Additional Sessions Judge (Special Judge SC & ST), Aurangabad, rejecting their an...

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Bombay High Court Quashes Disqualification of Sarpanch Under Section 14(1)(j-3) of Maharashtra Village Panchayats Act — No Evidence of Wilful Omission Causing Loss to Gram Panchayat. Disqualification set aside as Collector failed to record finding of loss and appellate authority dismissed appeal without considering merits....

The petitioner, Savita Devidas Adhane, was elected Sarpanch of Gram Panchayat Viramgaon. On 04.08.2018, the District Collector, Aurangabad, disqualified her under Section 14(1)(j-3) of the Maharashtra...