Bombay High Court

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Bombay High Court Quashes Minister's Order in Cooperative Society Dispute — Revision Under Section 154 of MCS Act Allowed Without Proper Hearing. Minister's order set aside for non-compliance with principles of natural justice and failure to consider relevant material....

The petitioner, Pandurang Tukaram Thakre, claiming to be a member of respondent no. 4 cooperative society, filed a writ petition challenging an order passed by the Hon'ble Minister for Cooperation, Ma...

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Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title Over Suit Property....

The case involves a property dispute between two branches of the same family. The appellants (original plaintiffs) filed a suit for declaration of ownership and permanent injunction in respect of a pr...

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Bombay High Court Quashes Notice Under Section 110(e) and (g) CrPC Against Corporator for Lack of Material and Abuse of Process. Court holds that preventive action requires credible material showing habitual offending, not isolated incident....

The petitioner, Shirish Hiralal Choudhary, a Corporator from Nandurbar, filed a criminal writ petition under Articles 14, 21, and 226 of the Constitution challenging a notice issued under Section 110(...

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Bombay High Court Allows Appeal of Informant Against Forfeiture of Seized Cash to State in Dacoity Case — Cash to be Returned to Informant as Accused Disclaimed Ownership. The court held that when accused disclaim seized cash, it should be returned to the victim-informant under Section 454 CrPC....

The appellant, Nanasaheb Nirmal, was the original informant in a dacoity case. He was robbed of cash and articles on 27 June 2000. During investigation, cash totaling Rs. 22,120 was seized from eight ...

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Bombay High Court Quashes Octroi Levy on Talk Time for SIM Cards; Directs Levy Based on Invoice Price. Municipal Corporation's Inclusion of Talk Time Component in Octroi Assessment for Telecom SIM Cards Declared Unsustainable Under Applicable Octroi Principles....

The petitioner, Bharat Sanchar Nigam Limited (BSNL), a public sector telecom service provider, imported 5000 SIM cards and recharge coupons into the limits of Nanded Municipal Corporation. The Municip...

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High Court Allows Former Professor's Claim for Vth Pay Commission Arrears Against Private Medical College Despite Delay. Vth Pay Commission Recommendations Made Applicable by State Government Bind Private Un-Aided Colleges....

The dispute arose when Dr. Suryaprakash Dhaneria, a former Professor of Pharmacology at Jawahar Medical Foundation's Annasaheb Chudaman Patil Memorial Medical College, Dhule, sought arrears of pay and...

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Bombay High Court Allows Gratuity Claim Despite Dismissal for Moral Turpitude - Payment of Gratuity Act, 1972 Overrides Service Rules. The court held that Section 4(6) of the Payment of Gratuity Act, 1972 does not disentitle an employee from gratuity merely because of termination for misconduct involving moral turpitude....

The petitioner, Parvez Shaikh, was appointed as an Assistant Teacher on 07.07.1983 and confirmed on 06.07.1985. In 1989, criminal offences under Sections 465, 468, and 120B read with Section 34 of the...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Under Section 163A Motor Vehicles Act — No-Fault Liability Regime Precludes Defence of Deceased's Own Negligence. Claimants awarded Rs.8,15,000 with 8% interest for death of 26-year-old milk vendor in collision with stationary tipper....

The case arises from a motor accident claim filed under Section 163A of the Motor Vehicles Act, 1988. The deceased, Ranu alias Rajesh Madhukar Ghule, aged about 26 years, was riding a motorcycle on 17...

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Bombay High Court Allows Appeal Under Section 37(1)(c) of Arbitration and Conciliation Act, 1996 Against Dismissal of Section 34 Challenge to Arbitral Award in Petroleum Dealer Dispute. The court remitted the matter for fresh consideration, maintaining interim arrangement for running of petrol pump....

The appellant, M/s Hindustan Petroleum Corporation Ltd., filed an appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 against the judgment dated 19th June 2017 passed by the Pr...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating Scheduled Tribe Certificate for 'Mana' Caste — Committee Failed to Consider Consistent Documentary Evidence and Prior Validity Certificates of Blood Relatives....

The petitioner, Gajanan s/o Pandurang Shende, challenged the order dated 23-2-2013 passed by the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli, which invalidated his claim for 'Mana' Sche...