Bombay High Court

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Section 28A Application in Land Acquisition Case — Petitioner Failed to Pursue Reference Under Section 18 Diligently, Resulting in Dismissal for Non-Payment of Court Fees....

The petitioner, Shri Annasaheb Tulsiram Kharat, owned land at Village Mirgavan, Taluka Karmala, District Solapur, which was acquired for the Sina-Kolegaon Irrigation Project. A notification under Sect...

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Bombay High Court Quashes Suspension of Assistant Teacher in Zilla Parishad Service — Suspension Order Based on Non-Cognizable Offences and Pending Criminal Trial Held Invalid. Court Directs Reinstatement with Continuity of Service and Stipends, Relying on Maharashtra Zilla Parishads and Panchayat Samitis (Discipline and Appeal) Rules, 1964....

The petitioner, Nanuram s/o Dagdu Beldar, an Assistant Teacher employed with the Zilla Parishad, Jalgaon, was suspended by the Chief Executive Officer on 2nd November 2016. The suspension order cited ...

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Bombay High Court Dismisses Petition Against Rejection of Temporary Injunction in Suit for Injunction Simpliciter. Court holds that in a suit for injunction simpliciter, the plaintiff must establish possession and that the defendants are not in possession, and the trial court's finding of no prima facie case is not perverse....

The petitioners, original defendants in a civil suit, challenged the rejection of their application for temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908. The resp...

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High Court of Bombay Hears Writ Petition Against Appellate Order Partly Allowing Appeal and Granting Injunction on Terrace Use in Co-operative Housing Society Dispute. Appellate Court Directed Removal of Obstructions from Common Terraces on 6th and 7th Floors, Finding They Are Not Saleable Under Maharashtra Ownership Flats Act, 1963....

The dispute originated from a claim by a tenant co-partnership housing society registered under the Maharashtra Co-operative Societies Act, 1960, against two of its members. The society alleged that t...

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Bombay High Court Quashes Invalid Caste Certificate Order for Retired Employee — Directs Release of Retiral Benefits. Employer Cannot Withhold Retiral Benefits for Non-Furnishing of Caste Validity Certificate After Superannuation....

The petitioner, Jayram Vishram Gangawane, was employed by the Food Corporation of India (FCI) as a Peon in 1976 in the open category. He was subsequently promoted to Assistant Grade-III (1979) and Ass...

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Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925....

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will dated 15th September 1997. The testator’s daughte...

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Bombay High Court Dismisses Appeal in Trademark Infringement Case — No Interim Relief Granted for Alleged Deceptive Similarity Between 'DEXORANGE' and 'LUPINEXORANGE'. The court held that the marks were visually and phonetically distinct, and the appellant failed to establish a prima facie case for interim injunction....

The appellant, Franco-Indian Pharmaceuticals Pvt. Ltd., filed an appeal against an order of the learned Single Judge refusing to grant interim relief in a suit for trademark infringement and passing o...

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Bombay High Court Dismisses Petition Challenging Rejection of Nomination Paper for Non-Compliance with Rule 16 of Maharashtra Zilla Parishads and Panchayat Samitis Rules, 1961. Proposer Must Be Voter from Same Electoral College as Candidate....

The petitioner, Kashibai w/o Nanrao Gadgile, filed a writ petition challenging the order of the District Judge dated 7/2/2017, which upheld the Returning Officer's rejection of her nomination paper fo...

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Bombay High Court Allows Writ Petitions Challenging Rejection of Nomination Forms in Zilla Parishad and Panchayat Samiti Elections. Court holds that the Returning Officer must provide an opportunity of hearing before rejecting nomination papers under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961....

The petitioners in both writ petitions were candidates for the Zilla Parishad and Panchayat Samiti elections in Parbhani district. Their nomination forms were rejected by the Returning Officer on the ...