Bombay High Court

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Bombay High Court Allows Pension Benefits to Legal Assistant Despite Recruitment Irregularity - Pension Cannot Be Denied for Non-Compliance of Formalities After Unblemished Service...

The petitioner, Vijay Ganpat Pimple, was appointed as a Legal Assistant with the Thane Municipal Corporation (Respondent Nos. 1 and 2) in 1997 based on an advertisement and recruitment process. He wor...

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Bombay High Court Allows Compensation Claim Despite Fabricated Medical Bills in Motor Accident Case. The court held that fabrication of two medical bills does not disentitle the claimant to compensation for proved disability under Section 166 of the Motor Vehicles Act, 1988....

The appellant, Raman Bhagwandas Vanjani, filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988, alleging that on 13/10/1996, while riding his motorcycle, he was hit by an au...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Failure to Prove Common Intention. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Establish Unlawful Assembly and Common Object Beyond Reasonable Doubt....

The case involves multiple criminal appeals arising from a common judgment of the Sessions Court convicting the appellants for the murder of one person under Section 302 read with Section 149 IPC. The...

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Bombay High Court Allows Writ Petition in Urban Land Ceiling Case — Possession Not Taken Before Repeal Date. Land declared surplus under Urban Land (Ceiling and Regulation) Act, 1976 but not taken into possession before repeal on 29.11.2007 stands excluded from the Act....

The petitioners, seven individuals, filed a writ petition before the Bombay High Court (Nagpur Bench) challenging the continued application of the Urban Land (Ceiling and Regulation) Act, 1976 to thei...

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Bombay High Court Dismisses Petition Seeking Reinstatement Based on Changed Caste Claim. Petitioner who secured employment as Scheduled Caste cannot abandon that claim and seek verification of a different OBC claim for protection of service....

The petitioner, Ganesh Vithoba Nagpure, was employed as an Assistant Teacher at Santaji High School, Chikna, on the basis of a caste certificate showing he belonged to the 'Balai' Scheduled Caste. Sub...

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Bombay High Court Allows State Appeal in Highway Encroachment Case — Notification Under Bombay Highways Act, 1955 Sufficient to Establish Ownership. The lower Appellate Court erred in ignoring the certified copy of the notification under Sections 3, 4, and 6 of the Bombay Highways Act, 1955, which established the State's ownership of the highway land....

The State of Maharashtra, through the Collector, Chandrapur, filed a second appeal against the judgment of the lower Appellate Court which had decreed the suit in favor of the plaintiff, Vitthal s/o P...

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Bombay High Court Disposes of Suo Motu PIL on Translation of Portuguese Civil Code, 1869. State Government directed to expedite official English translation and publish in gazette....

The Bombay High Court at Goa disposed of a suo motu Public Interest Litigation (PIL) registered as PIL (Suo Motu) No. 1 of 2017. The Court took cognizance based on a newspaper article highlighting the...

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Bombay High Court Allows Wife's Appeal in Divorce Case Under Goa Law of Divorce — Allegations of Unchastity in Deposition Constitute Cruelty. Condonation of cruelty not a valid defense under Articles 4(4), 4(5) and 4(8) of the Law of Divorce in force in Goa....

The case involves a divorce petition filed by the wife (appellant) against the husband (respondent) under the Law of Divorce in force in Goa. The parties married on 08.05.1966 and had a son born on 31...

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Bombay High Court Quashes FIR in Atrocities Act Case Due to Lack of Jurisdiction — Civil Judge Cannot Direct Police Investigation Under Section 156(3) CrPC in a Civil Suit. The order passed by the Civil Judge (J.D.) directing investigation under Section 156(3) CrPC in a civil suit is without jurisdiction and the consequential FIR is liable to be quashed....

The applicants, Harischandra Vishwanath Chavan and Santosh Harischandra Chavan, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court, Aur...

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Bombay High Court Considers State Government's Leave Application for Regularization Policy in PILs. Court Examines Whether Draft Policy Violates MRTP Act and Whether Judicial Review Permits Interference with Policy Decisions....

The proceedings arise from two Public Interest Litigations (PIL No. 80 of 2013 and PIL No. 138 of 2012) before the Bombay High Court. In an earlier order dated 28th-30th July 2015, the Court had, whil...