Bombay High Court

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Bombay High Court Dismisses State's Petition Challenging Tribunal Order Granting Benefit of 65 Years Superannuation to Assistant Professors in Government Medical College. The Court held that teaching staff in government medical colleges are entitled to retire at 65 years under the Maharashtra Civil Services (General Conditions of Service) Rules, 1981....

The State of Maharashtra and other petitioners filed two writ petitions challenging the orders of the Maharashtra Administrative Tribunal, Aurangabad, which allowed the original applications filed by ...

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Bombay High Court Quashes Magistrate's Order Keeping Complaint in Abeyance Pending Sanction Under Section 197 CrPC — Sanction Not Required for Acts Not in Discharge of Official Duty. The court held that the Magistrate must first determine whether the alleged act was in discharge of official duty before seeking sanction under Section 197 CrPC....

The applicant, Dr. Virendra Jumde, filed a criminal complaint against ten non-applicants, including Dr. Vilas Sapkal and others, alleging offences. The learned Magistrate, by order dated 27th November...

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Bombay High Court Upholds Conviction for Theft and Housebreaking in Shop Burglary Case. CCTV Footage and Consistent Witness Testimony Establish Guilt Beyond Reasonable Doubt Under Sections 380 and 457 IPC....

The applicant, Naresh Samadhan Bhange, was convicted by the 7th Judicial Magistrate, First Class, Chandrapur in R.C.C. No. 480 of 2014 for offences under Sections 380 (theft) and 457 (housebreaking by...

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Bombay High Court Allows Appeals in Industrial Dispute Over Transfer of Undertaking — Remand Order Set Aside. Transfer of undertaking under Section 25FF of Industrial Disputes Act, 1947 does not automatically entitle workmen to continuity of service and benefits unless conditions of Section 25FF are satisfied....

The case involves two Letters Patent Appeals arising from a judgment of a learned Single Judge of the Bombay High Court in Writ Petition No.8099 of 2007. The appellant in LPA No.397 of 2008, M/s. Arai...

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Bombay High Court Allows Release of Attached Property After Acquittal in Criminal Case — Petitioner Acquitted in 2012, Attachment Under Section 82 CrPC Ceases Upon Appearance and Acquittal....

The petitioner, Sikandar alias Shaikhlal Lalasaheb Deshinge, was an accused in a criminal case. On 16/07/1990, a proclamation under Section 82 of the Code of Criminal Procedure, 1973 (CrPC) was issued...

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Bombay High Court Dismisses State Appeal Against Acquittal in Criminal Breach of Trust Case Due to Inordinate Delay and Incomplete Evidence. Trial Court's Closure of Prosecution Evidence Upheld as No Perversity Found Under Sections 406, 409 IPC....

The State of Maharashtra appealed against the judgment and order of acquittal passed by the Judicial Magistrate First Class, Islampur on 02.02.1999 in Regular Criminal Case No. 50 of 1984. The respond...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award in Excise Duty Reimbursement Dispute. Contractual interpretation of purchase order clause for reimbursement of excise duty paid by contractor to Railways....

The Petitioner, M/s Creative Engineers, filed an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award passed by a Sole Arbitrator (Deputy ...

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Bombay High Court Dismisses Writ Petition Challenging Execution of Eviction Decree as Gross Abuse of Process. Decree for eviction in Civil Suit No.71 of 2008 had attained finality up to the Supreme Court, and the petitioner, not being a party, sought to obstruct execution through a second round of litigation....

The petitioner, Rajendra Ramakant Vedpathak, filed a writ petition under Article 227 of the Constitution of India challenging orders dated 17 November 2018 made on applications at Exhibit Nos.114, 116...

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Bombay High Court Upholds Daughter's Right to Partition in Scheduled Tribe Family Based on Custom — Custom of Succession Among Bhil Tribe Recognized as Entitling Daughter to Father's Share...

The case involves a second appeal by the original defendants (Bhagga Damma Bhil and Shama Bhagga Bhil) against the judgment of the District Judge, Dhule, which reversed the trial court's dismissal of ...