Bombay High Court

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Bombay High Court Allows Appeal Against Remand Order in Divorce Case — Remand Without Deciding Merits Not Permissible Under Order 41 Rule 23A CPC. Appellate Court Must First Reverse Decree on Merits Before Remanding Under Order 41 Rule 23A of Code of Civil Procedure, 1908....

The case arises from a matrimonial dispute where the respondent-wife filed a divorce petition under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955. The appellant-husband filed a counterclaim see...

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Bombay High Court Quashes Externment Order Under Maharashtra Police Act, 1951 for Want of Reasons and Procedural Defects. Failure to Assign Reasons for Externment from Adjoining Districts and Non-Mention of In-Camera Statements in Show Cause Notice Render Order Illegal....

The petitioner challenged an externment order passed by the Sub-Divisional Magistrate under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, which externed him from Ahmednagar district and all...

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Bombay High Court Quashes Show Cause Notice and Order in Central Excise Classification Dispute — Stators and Rotors of Hermetic Motors Classifiable as Parts of Electric Motors, Not Compressors. Approved Classification Lists Cannot Be Reopened Without Fresh Material Under Central Excise and Salt Act, 1944....

The petitioner, Godrej & Boyce Manufacturing Co. Ltd., a company incorporated under the Indian Companies Act, 1956, challenged a show cause notice dated 11th January 1989 and the subsequent order pass...

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Bombay High Court Dismisses Petitions Seeking Protection as Slum Occupiers Against Railway Eviction — Slum Act Does Not Apply to Central Government Premises Under Article 285(1) of Constitution. The court held that the Maharashtra Slum Act cannot override the Public Premises Act in respect of Railway property, and petitioners cannot claim protected occupier status....

The judgment concerns two writ petitions and several interlocutory applications filed by occupants of Railway land in Mumbai. The petitioners in Writ Petition (L) No. 3254 of 2016, including Mrs. Asha...

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High Court Dismisses Husband's Writ Petition Challenging Interim Maintenance Under Section 24 of Hindu Marriage Act. Court Holds Rs.200 Per Day Not Excessive and No Miscarriage of Justice, Declining to Interfere Under Extraordinary Writ Jurisdiction....

The case involved a matrimonial dispute where the wife had sought interim maintenance pendente lite for herself and the children under Section 24 of the Hindu Marriage Act, 1955. The Family Court had ...

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Bombay High Court Allows Appeal in Service Matter - Promotion Dispute Between Teachers - School Tribunal's Order Set Aside for Lack of Jurisdiction. The court held that the School Tribunal had no jurisdiction to entertain an appeal against a promotion order under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The case involves a dispute between two teachers, Smt. Vijaya Arvind Kurne (appellant) and Smt. Jyoti Pramod Nigudkar (respondent No.1), regarding promotion to the post of Head Mistress in a school ru...

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Bombay High Court Allows Parole for Prisoner to Attend His Own Marriage Under Rule 324(2) of Goa Prisons Rules, 2006. The court held that a prisoner's own marriage constitutes 'sufficient cause' for grant of parole under the amended rule, directing release for 15 days....

The petitioners, Mrs. Cecilia Fernandes and Ms. Gayatri V. Bansode, filed a Criminal Writ Petition before the Bombay High Court at Goa seeking the release of a prisoner on parole to enable him to part...

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Bombay High Court Dismisses Election Petition Challenging Acceptance of Nomination of Government Servant Candidate. Returning Officer's Decision to Accept Nomination Upheld as Petitioner Failed to Prove Candidate Was Disqualified Under Section 9 of Representation of the People Act, 1951....

The petitioner, Narayan Dinbaji Jambhule, filed an election petition under Section 81 of the Representation of the People Act, 1951, challenging the decision of the Returning Officer dated 30th Septem...

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Bombay High Court Quashes Externment Order in Maharashtra Police Act Case for Lack of Recorded Subjective Satisfaction Regarding Witness Fear. Failure to Demonstrate Live Link Between Offences and Externment Area Renders Order Invalid Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951....

In a criminal writ petition before the Bombay High Court, the petitioner challenged an externment order passed by the Sub-Divisional Police Officer and its subsequent modification by the Divisional Co...