Bombay High Court

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Bombay High Court Delivers Judgment on Writ Petition Challenging Family Court's Custody Order in International Abduction Case. The Court Examined the Applicability of Hague Convention and Jurisdictional Overlaps Between Indian and Dutch Forums....

The judgment addresses a custody dispute between parents of a minor daughter, Insiya. The father, an Indian citizen, and the mother, a dual citizen of Netherlands and Pakistan, were married in India i...

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Bombay High Court Allows Petitions of Assistant Teachers Converted to Shikshan Sevak — Violation of Government Resolution Protecting Temporary Teachers Against Reserved Posts. The court held that the Shikshan Sevak scheme does not apply to temporary teachers appointed against backlog vacancies of backward classes, and they must continue under MEPS rules....

The petitioners, Vilas Dashrath Mali and Gangurde Bhagwan Yashwant, filed two writ petitions before the Bombay High Court challenging the conversion of their posts from Assistant Teacher to Shikshan S...

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Bombay High Court Quashes MAT Order and Restores Permanent Withholding of Pension and Gratuity for Misappropriation of Government Grain. Misconduct of Rs.12.41 Lakh Misappropriation Held Gravely Negligent Justifying Penalty Under Rule 27 of MCS (Pension) Rules, 1982....

The dispute arose from the permanent withholding of pension and gratuity of Bhaskar Shankar Salvi, a former Godown Keeper at Ratnagiri, following a departmental inquiry that found him guilty of misapp...

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High Court of Judicature at Bombay Allows Suo Motu Public Interest Litigation on Road Safety, Emphasizing Mandatory Duties of Municipal Corporations. Expansive Definition of 'Public Street' and Obligation to Ensure Safe Passage Under Sections 61(m), (n), (o) of Mumbai Municipal Corporation Act, 1888, Reaffirmed....

This judgment in suo motu Public Interest Litigation No. 71 of 2013 arose from the Bombay High Court's concern about the deplorable condition of roads within municipal areas in Maharashtra. The procee...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Driver Established. The court upheld the award of compensation to the dependents of the deceased, finding that the insurance company failed to prove non-involvement of the vehicle under Section 166 of the Motor Vehicles Act, 1988....

The case arises from a motor vehicle accident that occurred on 26th November 2012, when Sadanand Mule was traveling in his Maruti Omni vehicle from Marleshwar to Ganpatipule. At Nivali Ghat, a Chevrol...

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Bombay High Court Quashes Externment Order Against Businessman for Lack of Independent Witness Verification and Non-Application of Mind. Externment under Section 56(1)(b) of Maharashtra Police Act, 1951 set aside as subjective satisfaction was based on hearsay and unverified police reports without examining independent witnesses....

The petitioner, Kamalkishor s/o Pusaram Bang, a businessman aged 57 from Jalna, filed a Criminal Writ Petition challenging the externment order dated 27.10.2017 passed by the Superintendent of Police,...

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Bombay High Court Upholds Acquittal in Rape and Abortion Case Due to Inconsistent Evidence and Delayed FIR. Allegations of Rape and Forced Abortion Fail as Prosecution Witnesses Turn Hostile and Medical Evidence Does Not Support Prosecution Case Under Sections 376, 314 r/w 34 IPC and SC/ST Act....

The State of Maharashtra appealed against the acquittal of Shivaji Ghodekar and Dr. Shubhangi Chinnawar in Sessions Case No. 123/2001. The case arose from an FIR lodged on 27.02.2001 by the victim's m...

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Bombay High Court Hears Writ Petition Seeking Absorption of Shikshan Sevaks on Aided Posts in Primary School. Petitioners Claim Entitlement Under Maharashtra Employees of Private Schools Act After Completion of Three-Year Tenure....

The writ petition under Article 226 of the Constitution of India was filed by three Shikshan Sevaks (assistant teachers) seeking absorption as Assistant Teachers in respondent No.5 school run by respo...

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Bombay High Court Allows Gratuity Claim of Terminated LIC Employee in Fraud Case, But Denies Pay Revision. Payment of Gratuity Act, 1972 Section 4(6) Requires Termination Order for Forfeiture; Employee Not Entitled to Post-Termination Pay Benefits....

The petitioner, Shivaji Kerba Paikrao, was employed with the Life Insurance Corporation of India (LIC) initially as an Assistant and later as a Higher Grade Assistant. He was terminated from service o...