Bombay High Court

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Bombay High Court Directs Conditionally Leaves to Defend for Guarantors in Summary Suit, Rejecting DRT Jurisdiction and IBC Moratorium Claims. A Non-Banking Financial Institution's Summary Suit Against Guarantors is Maintainable Under Order XXXVII CPC, and Section 14 IBC Moratorium Does Not Bar Proceedings Against Guarantors....

The plaintiff, a non-banking financial institution, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against two guarantors for recovery of a short-term loan of Rs. 4 Crore...

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Bombay High Court Grants Anticipatory Bail to In-Laws in Dowry Case — General Allegations Insufficient to Justify Custodial Interrogation. Applicants, who were not residing with the complainant, were granted pre-arrest bail under Section 438 CrPC as the court found no prima facie case for custodial interrogation....

The applicants, Dr. Suvarna Patil and Dr. Dnyaneshwar Patil, filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in connection with Crime No. 155 ...

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Bombay High Court Dismisses Forest Department's Appeals in Unfair Labour Practice Case — Reinstatement of Forest Guard Upheld. Termination Without Enquiry on Ground of Height Deficiency After Appointment and Caste Validation Constitutes Unfair Labour Practice Under MRTU and PULP Act, 1971....

The case involves two Letters Patent Appeals filed by the Forest Department against orders of the Labour Court and Industrial Court in favour of the employee, Umeshwar Keshav Kathwate. The respondent ...

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Bombay High Court Dismisses Appeal of Trust Secretary Challenging Removal Under Maharashtra Public Trust Act. Unauthorized Advances and Breach of Charity Commissioner's Directions Justify Permanent Removal Under Section 41D(1)(b) and (c) of Maharashtra Public Trust Act, 1950....

The appellant, Abdul Hamid Sheikh Mohammad, was the elected Secretary of Peoples Education Society, Amravati (the trust), which runs National Urdu Girls High School. In 2005, respondent no. 1 was the ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claims, Reduces Compensation Due to Contributory Negligence of Deceased. Claimants awarded reduced compensation as deceased were gratuitous passengers in goods vehicle, violating permit conditions....

The case involves four first appeals filed by The New India Assurance Company Limited against common judgment and award dated 30.06.2006 passed by Motor Accident Claims Tribunal, Chandrapur in four cl...

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Bombay High Court Dismisses Petitions Challenging Zilla Parishad Teacher Transfers — Upholds Government Policy for Equitable Distribution of Teachers. Transfer Policy Held Valid Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The judgment concerns four writ petitions filed by primary teachers employed by various Zilla Parishads in Maharashtra, challenging a government resolution (GR) dated 30th April 2003, which directed t...

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Bombay High Court Quashes Transfer Order of Chief Engineer in MSETCL for Non-Compliance with Transfer Policy. Transfer of Employee Mid-Academic Year Without Considering Family Circumstances Violates Principles of Natural Justice and Departmental Transfer Guidelines....

The petitioner, Sanjay Tulshiram Shinde, a Chief Engineer with Maharashtra State Electricity Transmission Co. Ltd. (MSETCL), challenged an office order dated 26th October 2017 transferring him from Mu...

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Bombay High Court Adjudicates Election Petitions Alleging Improper Acceptance of Nomination Papers Filed After Deadline. Petitioners Claim Returned Candidate’s Nomination Forms Were Defective and Presented Beyond 3:00 p.m. in Violation of Representation of the People Act, 1951 and Election Symbols Order, 1968....

These are two election petitions filed under Sections 80 and 81 of the Representation of the People Act, 1951, challenging the election of Arjun Panditrao Khotkar as the returned candidate from 101-Ja...

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Bombay High Court Quashes FIR Against Accused in SC/ST Act Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred Inside Police Station, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989....

The petitioners, five individuals, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR ...