Bombay High Court

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Bombay High Court Allows Old Pension Scheme Benefits to Employee Appointed After Cut-Off Date When Selection Process Commenced Earlier. Part-Time Service Counted for Pension When Followed by Full-Time Appointment....

The petitioner, Anil Dhondiram Kore, was initially appointed as a part-time teacher on 30-06-1995 in a fully aided school. He worked until 30-11-2005. Subsequently, a full-time post fell vacant due to...

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Bombay High Court Upholds Dismissal of Bank Employee in Disciplinary Proceeding — Enquiry Found Fair and Findings Not Perverse. Part-I Award of Industrial Tribunal Confirmed as No Violation of Natural Justice or Principles of Evidence....

The petitioner, Chandrakant Shinde, an employee of Maharashtra Gramin Bank (a Regional Rural Bank established under the Regional Rural Banks Act, 1976), was subjected to a disciplinary enquiry which r...

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Bombay High Court Allows Petitioner in Stamp Duty Dispute — Single Mortgage Deed Covering Multiple Loan Agreements Constitutes One Instrument Under Section 4 of Maharashtra Stamp Act, 1958. Revisional Authority's Order Levying Deficit Stamp Duty and Penalty Quashed as Loan Agreements Were Ancillary to Principal Mortgage Deed....

The petitioner, Neepa Real Estates Pvt. Ltd., and its group company Sheth Creators Pvt. Ltd., engaged in real estate, sought financial assistance from Indiabulls Housing Finance Limited in 2017. Four ...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available....

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the auction sale of his property conduc...

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Bombay High Court Quashes FIR Against TV Channel Officials in Marathi Serial Dialogue Case. Words 'Mhara Poranchi' Held Not to Insult Religious Sentiments or Intentionally Harm Scheduled Caste Community Under Section 295A IPC, Section 7(g) PCR Act, and Section 3 Atrocities Act....

The petitioners, including the Programming Head of a Marathi channel and the channel company itself, sought quashing of FIR No. 232 of 2023 registered at Wada Police Station for offences under Section...

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Bombay High Court Dismisses Petition Seeking Permanency for Hospital Employee — Industrial Court's Finding of No Continuous Service Upheld. Employee Failed to Establish 240 Days of Work in 12 Months Under Section 5-B of MRTU & PULP Act, 1971....

The petitioner, Kumar Dashrath Kamble, filed a writ petition before the Bombay High Court challenging the judgment and order dated 3 May 2023 passed by the Member, Industrial Court, Mumbai, which dism...

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Bombay High Court Allows Petition Challenging Charity Commissioner's Order in Trust Dispute — Violation of Natural Justice and Lack of Jurisdiction. Court holds that the Charity Commissioner exceeded jurisdiction under Section 41A of the Maharashtra Public Trusts Act, 1950 by adjudicating title disputes without proper notice and hearing....

The petitioners, who are trustees of a public trust, filed a writ petition challenging an order passed by the Charity Commissioner under Section 41A of the Maharashtra Public Trusts Act, 1950. The ord...

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Bombay High Court Allows Appeals in MCOCA Case Due to Invalid Sanction and Lack of Application of Mind — Proceedings Quashed as Sanction Under Section 23(2) of MCOCA, 1999 Was Granted Without Independent Scrutiny of Material....

The judgment arises from multiple criminal appeals filed by accused persons challenging the validity of proceedings under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). The appellants, ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Loan Recovery Case Under Section 34 of Arbitration and Conciliation Act, 1996 — Upholds Award of Rs.1,26,46,303/- with Interest at 12% Per Annum. The court held that the arbitrator had applied his mind and there was no violation of natural justice or public policy....

The case involves a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Manmohan Bhimsen Goyal and Kavita Manmohan Goyal (petitioners) challenging an arbitral award dated ...

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Bombay High Court Hears Section 34 Petition Against Arbitral Award Rejecting Securities Claim on Grounds of Forum Shopping. Petitioners Contend That Regulatory Proceedings Against Clearing Member and Arbitration Against Depository Are Distinct, Allowing Simultaneous Pursuit Under Indemnity Principles....

This matter arises from a petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Judicature at Bombay, challenging an arbitral award dated 29 April 202...