Bombay High Court

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credibl...
Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's De...

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Bombay High Court Allows Employer's Petition in Working Journalists Act Recovery Case — Summary Remedy Under Section 17(1) Cannot Adjudicate Disputed Entitlement. The Labour Commissioner's order directing payment of arrears under the Majithia Wage Board Award was quashed as the employer had raised a bona fide dispute regarding the employee's status as a newspaper employee, which could not be decided in summary proceedings....

This group of writ petitions, led by D.B. Corp. Ltd. (the petitioner), challenged orders passed by the Assistant Labour Commissioner, Mumbai City, under Section 17(1) of the Working Journalists and Ot...

High Court

Bombay High Court Upholds School Tribunal's Reinstatement Order but Modifies Back Wages in Teacher Termination Dispute. The Court held that the School Tribunal can re-appreciate evidence in appeal under Section 9 of the MEPS Act, but must record a finding of perversity before substituting its own view....

The case involves cross petitions arising from an order of the School Tribunal at Mumbai under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (M...

High Court

Bombay High Court Allows Petition Challenging Rejection of Interim Relief in Unfair Labour Practice Complaint — Closure of Factory by Employer Held Not Prima Facie Illegal Despite Assurance to Employees. The Court held that the Industrial Court misapplied the tests for interim relief under Section 30(2) of the MRTU & PULP Act, as closure is a right of the employer and the assurance regarding a different unit did not make the closure illegal....

The Petitioner, Viraj Engineering Company, a partnership firm engaged in manufacturing engineering components, decided to close its factory on 9 March 2018 and issued closure notices, paying all legal...

High Court

Bombay High Court Allows Petition of Cooperative Housing Society Against Unfair Labour Practice Complaint — Society Not an Industry Under Industrial Disputes Act. Letting out of community hall is a mere adjunct, not predominant activity, hence complaint under MRTU & PULP Act not maintainable....

The case involves a writ petition filed by The Saraswat Suburban C.H.S. Limited and others (petitioners) against Naresh Shyamlal Velendra (respondent) challenging the maintainability of a complaint of...

High Court

Bombay High Court Allows Teachers' Petitions Challenging Termination and Non-Payment of Salaries in Minority-Aided Schools — Violation of Natural Justice and Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Termination of probationary teachers without show-cause notice and inquiry is illegal under Section 5 of the MEPS Act, and minority institutions are bound by the Act....

The judgment concerns three writ petitions filed by teachers (Vanmala K. JadhavKochare, Sadhana Dnyaneshwar Patil, and Dattatray Dhonddeo Walke) against the Kshatrakulotpnna Maratha Samaj and its scho...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that once the cheque and signature are admitted, the presumption of a legally enforceable debt arises, and the accused must rebut it with evidence....

The appellant, Vandana Pandey, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Abhilasha Pande, alleging that the respondent had issued a cheque for...

High Court

Bombay High Court Dismisses Petition Challenging Exhibition of Computer-Generated Bank Memo in Cheque Dishonour Case. Court holds that under Section 146 of the Negotiable Instruments Act, 1881, a computer-generated memo of dishonour without bank seal or signature is admissible in evidence, subject to proof of contents....

The petitioner, Mittal Kothari, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a writ petition challenging an order of the Judicial Magistrate First C...

High Court

Bombay High Court Allows Interrogatories in Civil Suit for Discovery of Facts — Order 11 Rule 1 CPC Permits Questions on Matters in Issue. Petitioner's application for interrogatories seeking exact location and boundaries of disputed property held permissible as it relates to a matter in question, not an attempt to prove case through adversary....

The petitioner, Smt. Sunetrabai Buty, the original plaintiff in a civil suit, filed an application under Order 11 Rule 1 of the Code of Civil Procedure, 1908 (CPC) seeking discovery of facts by interr...

High Court

High Court of Bombay at Goa Allows Additional Evidence in Motor Accident Claim Appeal — Service Certificate and Income Tax Returns Admitted to Determine Actual Income. The court held that in a claim under a beneficial legislation, the court should be liberal in permitting additional evidence to ensure just compensation....

The appellant, Rajeev Kumar, sustained a shoulder injury in a motor vehicle accident on 15/06/2012, resulting in 5% permanent disability as per the ALIMCO scale. He filed a claim petition before the M...

High Court

Bombay High Court Allows Writ Petition, Holds Labour Court is a 'Court' Under Section 195(1)(b) CrPC for Making Complaint of False Evidence. Labour Court's Rejection of Section 340 Application Set Aside as Labour Court Has Jurisdiction to Entertain Complaint for False Statement in Written Statement....

The writ petition challenged an order of the Labour Court rejecting an application under Section 340 of the Code of Criminal Procedure, 1973 (CrPC) for making a complaint under Section 195(1)(b) CrPC ...

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Bombay High Court

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Bombay High Court Allows Petition of Cooperative Housing Society Against Unfair Labour Practice Complaint — Society Not an Industry Under Industrial Disputes Act. Letting out of community hall is a mere adjunct, not predominant activity, hence complaint under MRTU & PULP Act not maintainable....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court Dismisses State's Writ Petition Against Tribunal's Order for Appointment of Exc...

High Court of Karnataka Quashes Enforcement Directorate Actions in Multiple Writ Petitions...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Allows Appeal in Limitation Dispute Over Civil Works Contract. The Court fou...

Supreme Court Upholds Compulsory Retirement of Employees in Public Service — Validity of...

Supreme Court Upholds Eviction Process in Forest Areas While Ensuring Compliance with Fore...