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High Court of Judicature at Bombay Dismisses Bank's Challenge to Reinstatement and Regularisation of Daily-Wage Workers in Industrial Disputes Act Case — Upholds Tribunal's Finding of Illegal Termination. CGIT Award Directing Reinstatement with 30% Backwages and Regularisation Under Section 25F Not Interfered as Workers Completed 240 Days of Service and Termination Was in Violation of Statutory Provisions....

The writ petition challenged an award of the Central Government Industrial Tribunal-II, Mumbai, which had directed reinstatement and regularisation of 45 daily-wage peons engaged by Bank of Baroda at ...

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  • 127
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Bombay High Court Allows Writ Petition Challenging GST Assessment Order for Violation of Natural Justice. Show Cause Notice and Assessment Order Found to Be Identical, Indicating Non-Application of Mind by Adjudicating Authority....

The petitioner, a private limited company, challenged an assessment order dated 31 March 2023 passed under Section 73 of the Central Goods and Services Tax Act, 2017 (CGST Act) by the Assistant Commis...

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  • 98
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Bombay High Court Allows Writ Petitions Challenging DRT Orders Under SARFAESI Act, Holding That Section 14 Orders Are Administrative and Not Subject to Appeal Under Section 18. The court clarified that the remedy against a Section 14 order lies only by way of writ petition under Article 226/227, and the DRT has no power to review or recall its own Section 14 order....

The Bombay High Court dealt with a batch of writ petitions and interim applications challenging orders passed by the Debt Recovery Tribunal (DRT) under Section 14 of the Securitisation and Reconstruct...

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  • 187
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High Court of Judicature at Bombay Considers Writ Petition Seeking Refund of Stamp Duty on Unexecuted Instrument Under the Maharashtra Stamp Act, 1958. Court examines whether payment of stamp duty without execution of an instrument constitutes a valid charge and whether writ jurisdiction can be invoked for refund beyond the statutory limitation period, focusing on the definition of ‘instrument’ under Section 2(l) and the scheme of Sections 47 and 48....

The writ petition raised the question whether the High Court’s extraordinary jurisdiction under Article 226 of the Constitution could be invoked to direct refund of stamp duty paid by the petitioner...

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  • 137
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Bombay High Court Sets Aside Arbitral Award for Specific Performance of Development Agreement — Failure to Consider Limitation and Lack of Evidence of Agreement. Section 34 of Arbitration and Conciliation Act, 1996 challenge succeeds as award based on letter dated November 4, 2003 read with unregistered document suffers from patent illegality and perversity....

The Bombay High Court set aside an arbitral award dated August 5, 2017, which had granted specific performance of a development agreement in favor of the respondent, Nilkanth Enterprise, against the p...

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  • 114
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Bombay High Court Dismisses Petition Challenging SRA Order in Slum Rehabilitation Dispute — Petitioner Failed to Establish Entitlement to Alternate Accommodation Under SRA Scheme....

The petitioner, Samir Narain Bhojwani, filed a writ petition challenging an order passed by the Assistant Registrar, C.S. (Eastern & Western Suburban) SRA, Mumbai, which rejected his claim for alterna...

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  • 148
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Bombay High Court Allows Correction of Date of Birth in Service Record Based on Birth Certificate Under Registration of Births and Deaths Act, 1969. Representation made within one year of joining is within permissible period; birth certificate is reliable evidence....

The petitioner, Pravin Yeshwante, was appointed as Manager under order dated 24.04.2008 and joined duties on 20.05.2008. His date of birth was entered as 01.01.1970 based on the Secondary School Certi...

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  • 246
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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the offence under Section 138 of the Negotiable Instruments Act, 1881 was not committed within its jurisdiction as the cheque was presented and dishonoured outside Maharashtra....

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 514/2023 registered at Police Station Sindhi (Rly.), ...

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  • 182
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Bombay High Court Upholds Life Sentence for Father in Murder Case — Axe Blow on Head Constitutes Murder Under Section 302 IPC. Single Blow on Vital Part with Deadly Weapon After Fetching Axe Indicates Intention to Cause Death, Exception 4 to Section 300 IPC Not Applicable....

The appellant, Mitaram s/o Tohidas Vaidya, was convicted by the Sessions Judge, Gondia, for the murder of his son Anmol under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonm...

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  • 211
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Bombay High Court Allows Teacher's Petition for Regular Pay Scale Instead of Honorarium for Promotional Period as Shikshan Sevak. Clause 8 of Government Resolution dated 10th June 2005 held inapplicable to promotions, as it only applies to initial appointments....

The petitioner, Shivaji s/o Sukdev Lawate, an Assistant Teacher at Shriman Chandulal Sheth High School, Khed, Ratnagiri, was promoted to the post of Shikshan Sevak (Assistant Teacher) on a regular pay...

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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 Upholds State's Authority to Charge Transfer Premium in Liquidation Proceedings...

High Court Dismisses Application Challenging Order for Data Extraction from Mobile Phone i...

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 Dismisses Appeal Against Conviction in POCSO Case Due to Insufficient Eviden...

Supreme Court Upholds Seniority of Direct Recruits Over Special Appointees in Tamil Nadu S...

Supreme Court Dismisses Appeal Regarding Succession Rights Under Delhi Land Reforms Act, 1...

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