Bombay High Court

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Bombay High Court Dismisses Petition by Pune Municipal Corporation in Unfair Labour Practice Case. Compulsory Retirement of Class IV Employee at Age 58 Instead of 60 Held Illegal Under MRTU & PULP Act....

The case involves a writ petition filed by the Municipal Commissioner and Assistant Municipal Commissioner of Pune Municipal Corporation challenging an order of the Industrial Court, Pune. The respond...

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Bombay High Court Allows Writ Petition Challenging Rejection of Approval for Appointment of Full Time Instructor in Minority College. Petitioner's Appointment as FTI (MLT) Held Valid as She Possessed Required Qualifications and Was Appointed Against a Vacant Post....

The petitioner, Miss Seema Shitalaprasad Mishra, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 22nd February 2013 passed by respondent no.4 (Joint Di...

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Bombay High Court Upholds Tribunal's Order Reinstating Lecturer with 50% Backwages in Probation Termination Case. Termination of Probationary Lecturer Found Invalid as College Failed to Follow University Statute 422 for Assessment and Did Not Provide Opportunity to Show Cause....

The petitioners, the Principal and Chairman of Rizvi College of Arts, Science and Commerce, challenged the judgment and order dated 29 June 2001 of the Bombay University and College Tribunal. The Trib...

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Bombay High Court Allows Second Appeal in Injunction Suit, Holds Non-Joinder of Heirs Not Fatal. Suit for Permanent Injunction Based on Possession Under Will Does Not Require Joinder of All Heirs or Proof of Will....

The appellant, original plaintiff, filed Regular Civil Suit No. 172 of 1994 seeking a permanent injunction restraining the defendants from disturbing his possession over the suit property. He claimed ...

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Bombay High Court Upholds Conviction of Appellants in Murder and Robbery Case Based on Circumstantial Evidence and Last Seen Theory. The court found that the chain of circumstances, including last seen together and recovery of stolen property, was sufficient to convict under Sections 302, 394 and 201 read with 34 of IPC....

The case pertains to the murder of Mahendra Koli, whose decomposed body was found on 12.12.2013 near Naka No.5, Nagpur. The appellants, Raju Dange and Anil Baghel, were convicted by the Additional Ses...

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Bombay High Court Allows Prisoner's Furlough Petition — Rejection of Furlough on Unreasonable Grounds Set Aside. Court directed expeditious consideration of furlough application, holding that the ground for rejection was unreasonable and unjustifiable....

The petitioner, Rupesh Salgaonkar, a prisoner undergoing sentence of imprisonment since 22/02/2016 and in custody since his arrest on 23/01/2013, filed a Criminal Writ Petition before the High Court o...

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Bombay High Court Allows Widows' Appeal in Partition Suit — Possession Referable to Maintenance Right Confers Full Ownership Under Section 14(1) of Hindu Succession Act, 1956. The court held that a Hindu widow in possession of property in lieu of maintenance acquires absolute title under Section 14(1), even if she was not a limited owner prior to the Act....

The case involves two second appeals arising from a partition suit concerning ancestral properties. The original plaintiffs, Kisabai (widow of Ramu) and her daughter Akkatai, along with defendant No.2...

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Bombay High Court Allows Employee to Maintain Winding Up Petition as Creditor for Unpaid Salary Under Companies Act, 1956. Employee's claim for unpaid wages constitutes a debt under section 433(e) read with section 434(1)(a) of the Companies Act, 1956, entitling him to file a winding up petition as a creditor....

The judgment addresses a reference to a larger bench of the Bombay High Court on the question whether an employee can maintain a winding up petition under section 439 read with sections 433(e) and 434...

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Bombay High Court Dismisses Company Application as Not Maintainable for Lack of Leave Under Section 446(2) of Companies Act, 1956. Applicants Sought Declaration Against Depositors Management Committee Without Prior Approval of Company Court....

The judgment pertains to Company Application No.85 of 2014 filed by six applicants (Shri Kashinath R. Jhunjhunwala and others) against M/s Laxmichand Bhagaji Ltd. (Depositors Management Committee), th...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles....

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee. The appellant, Larsen & Toubro Limited, had furn...