Bombay High Court

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Bombay High Court Allows Amendment of Plaint in Injunction Suit at Appellate Stage — Sham Transaction Declaration Permitted. The court held that amendment seeking declaration that sale deed was nominal and bogus did not change nature of suit and was necessary for determining real controversy under Order 6 Rule 17 CPC....

The petitioners, legal heirs of the original plaintiff, filed a writ petition challenging the rejection of their amendment application by the District Court. The original plaintiff had filed a suit fo...

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Bombay High Court Allows Dhangar Community Student Admission to MBBS Course Against Vacated OBC Seat, Holding Denial Would Perpetuate Injustice. Exceptional Circumstances Warranted Exercise of Article 226 Jurisdiction to Grant Relief Without Creating Precedent....

The petitioner, Punam Zore, belonged to the Dhangar community, an Other Backward Class recognised by Government Resolutions. She hailed from a remote village, came from an impoverished family of agric...

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High Court of Bombay at Goa Dismisses Writ Petition Seeking Mandamus Against Panchayat for Non-Compliance with Goa Panchayat Raj Act, 1994. Prior Demand for Justice is Prerequisite; Agenda Need Only List Heads of Business, Not Every Detail, Under Sections 113-A and Meeting Rules....

The petitioners, residents of Anjuna, Bardez, Goa, filed a writ petition under Article 226 of the Constitution of India against the Village Panchayat of Anjuna-Caisua and its Secretary, the Director o...

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Bombay High Court Dismisses Employee's Petition for Change of Date of Birth in Service Record After 19 Years. Belated Application Based on Municipal Birth Certificate Not Accepted When Initial Entry Based on School Leaving Certificate Was Not Challenged Within Prescribed Time....

The petitioner, Chandrakant Punju Wagh, joined the Maharashtra State Electricity Distribution Co. Ltd. in 1997 based on a school leaving certificate showing his date of birth as 19/02/1960. Under the ...

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Bombay High Court Dismisses Writ Petition as Res Judicata in School Expulsion Case. Earlier Judgment dated 21st July 2015 in Writ Petition No. 5378 of 2013 Bars Second Challenge to Expulsion of Children from Unaided Minority School....

The petitioner, Master Pavan Mundaware through his guardian Jayashree Vijay Mundaware, filed a writ petition before the Bombay High Court challenging the expulsion of his son and daughter from Ashoka ...

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Bombay High Court Upholds Minister’s Recall Order in Revenue Record Deletion Case Involving Devasthan Property. Recall Held Valid as Procedural Review to Correct Breach of Natural Justice, and Writ Relief Declined to Prevent Injustice....

The writ petition challenged an order of the Minister (Revenue) recalling an earlier order that had deleted the remark 'Devasthan Inam Warag III' from revenue records pertaining to property of a publi...

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Bombay High Court Upholds Acquittal of Husband in Murder Case Due to Lack of Credible Evidence. Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt Under Sections 302, 201 r/w 34 IPC....

The State of Maharashtra appealed against the acquittal of the respondent, Manohar Rashmaji Bochra, who was the husband of the deceased Sheetal alias Anjana. The respondent and two others were tried f...

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Bombay High Court Allows Amendment of Plaint in Eviction Suit Despite Concluded Evidence — Due Diligence Requirement Satisfied. The Court upheld the Trial Court's order permitting amendment under Order VI Rule 17 CPC as the plaintiff had no prior knowledge of the defendant's directorships and the amendment was necessary to determine comparative hardship....

The petitioner, Vinod Gopalan Puthanpure, challenged an order dated 21/06/2017 passed by the Trial Court in R.C.S. No. 186/2010, which allowed the respondent/plaintiff Jyoti Anil Shah to amend her pla...

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Bombay High Court Allows Appeal of Employee in School Service Dispute - Appointment Not Made as Per Section 5 of MEPS Act, 1977. School Tribunal's Dismissal of Appeal on Preliminary Issues Set Aside, Matter Remanded for Fresh Adjudication on Merits....

The appellant, Girdhar Anandrao Thaori, an employee of Dr. B.R. Ambedkar Shikshan Sanstha, filed an appeal before the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (C...

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High Court of Judicature at Bombay, Nagpur Bench Dismisses Insurer's Appeal in Motor Accident Claim, Upholding Compensation Awarded by Tribunal. Unexplained Delay in Filing FIR Held Not Fatal When Negligence Is Undisputed, and Treating Doctor's Permanent Disability Certificate Accepted Despite Refusal by Government Medical Board....

This was a first appeal preferred by Bharti Axa General Insurance Company Ltd. against the award dated 17 February 2017 passed by the Motor Accident Claims Tribunal, Wardha, in a claim petition under ...