Bombay High Court

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Bombay High Court considers legality of State interference in recruitment by an autonomous technical institute. The dispute centers on the scope of autonomy under Government Resolutions and the power of the Board of Governors to make appointments without State oversight....

The College of Engineering, Pune (CoEP), established in 1854, is a premier technical institute. In 2002, under the Technical Education Quality Improvement Programme (TEQIP) funded by the World Bank, t...

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Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order Allowing Settlement Application Despite Non-Disclosure of Additional Income. Settlement Commission's Order under Section 245D(2C) of Income Tax Act, 1961, Declaring Application Valid, Upheld as Department Failed to Provide Evidence of Non-Disclosure....

The Income Tax Department filed writ petitions challenging an order dated 31.5.2016 passed by the Income Tax Settlement Commission, insofar as it related to directions declaring the assessee's settlem...

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High Court of Bombay Issues Rule in Writ Petition Challenging Letter Withdrawing Exemption and Consequential Bills for Electricity Duty on Educational Institutions. Petition Raises Question of Interpretation of Maharashtra Electricity Duty (Amendment) Act, 2016 vis-à-vis Section 3(2)(iii) of 1958 Act for Institutions Run by Public Charitable Trusts....

The petitioners, ten educational institutions run by a society and charitable trust, sought to quash a communication dated 04.06.2018 from the Industries, Energy and Labour Department of the State of ...

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Bombay High Court Acquits Accused in Attempt to Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Sections 307 and 353 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Walmik Baburao Karad, was convicted by the learned Ad-hoc Additional Sessions Judge, Ambejogai, District Beed, in Sessions Case No. 93 of 2005 for offences punishable under Sections 307...

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Bombay High Court Dismisses Municipal Council's Second Appeal in Property Dispute — Upholds Concurrent Findings of Ownership and Possession. Reservation of land for Octroi Naka was withdrawn in 1975, and the Municipal Council failed to prove any subsisting right over the suit property....

The present second appeal was filed by the Municipal Council, Amalner, challenging the concurrent judgments of the trial court and the first appellate court. The original plaintiff, Saraswati Keshav P...

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High Court of Judicature at Bombay Sets Aside Insurer's Liability in Workmen's Compensation Appeal Due to Lack of Proximate Connection Between Death and Use of Insured Vehicle. Death of Driver Caused by Unknown Jeep While Crossing Road Held Not to Arise Out of Use of Truck Under Motor Vehicles Act, 1988, Insurer Not Liable....

The appeal arose from an order of the Commissioner for Workmen's Compensation, Jalna, in W.C.A. No.9 of 2001, which held the United India Insurance Company jointly and severally liable with the employ...

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Bombay High Court Dismisses Teacher's Petition in Termination Dispute — Continuous Temporary Appointments Do Not Confer Permanent Status. Successive temporary appointments on consolidated salary from 1982 to 1993 held not to create a right to permanency under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The petitioner, Shrikrushna s/o Nilkanth Joshi, was an Assistant Teacher at Geeta Prashala, Kopargaon, run by the Kopargaon Education Society. He was appointed on 18/06/1982 for one academic year on c...

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Bombay High Court Dismisses Second Appeal in Perpetual Injunction Suit — Upholds Concurrent Findings on Common Well Usage. The court held that the well in Block No.35 was common to all brothers and the defendant could not obstruct plaintiffs from using it, based on oral and documentary evidence....

The present second appeal was filed by the original defendant, Ashok Vishwanath Dange, challenging the judgment and decree passed in Regular Civil Appeal No.66/2013 by the learned District Judge-5, Na...

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Bombay High Court Acquits Accused in Food Adulteration Case Due to Non-Compliance with Mandatory Rules. Conviction for selling adulterated 'Rava' set aside as Food Inspector failed to follow Rules 14, 16, and 22 of the Prevention of Food Adulteration Rules, 1955....

The case involves a criminal revision application filed by Nanakram Govardhandas Chandkai and M/s. Gurunanak Supari Bhandar (the applicants/accused) against their conviction under the Prevention of Fo...

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Bombay High Court Upholds Conviction for Rape and Unnatural Offence on 3-Year-Old Girl, Dismisses State Appeal for Enhancement. Accused's conviction under Sections 376(2)(f) and 377 IPC for committing rape and carnal intercourse against the order of nature on a minor girl aged 3 years is confirmed, but sentence of 10 years rigorous imprisonment is not enhanced....

The case involves two appeals: one by the State of Maharashtra seeking enhancement of sentence, and one by the accused challenging his conviction. The accused was convicted by the trial court for offe...