Bombay High Court

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Bombay High Court Dismisses Petition Challenging Termination for Suppression of Criminal Antecedents in Employment Application. Suppressio veri or suggestio falsi in attestation form justified termination as per service conditions....

The petitioner, Ravindra Ramesh Barkul, was appointed as a Junior Technician with the Maharashtra State Electricity Distribution Company Ltd. He filled an attestation form on 17.07.2007, which contain...

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Bombay High Court Dismisses Writ Petition Seeking Reinstatement After Caste Claim Invalidation — Termination Upheld as Per Appointment Condition. Services Terminated on 31-07-2003 After Caste Validity Certificate Was Not Produced Within Probation Period, and Subsequent Challenge to Invalidation Failed....

The petitioners, Raju Shankarrao Dhakate and Randeep Madhukar Dhakate, were appointed by the Bhandara Urban Cooperative Bank Ltd. on 30-03-2000 on probation for three months. The appointment order con...

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Bombay High Court Allows Retired Employee's Petition for Terminal Dues Despite Pending Departmental Enquiry Initiated After Retirement. Employer's failure to conclude enquiry within reasonable time disentitles it from withholding retirement benefits under Maharashtra Civil Services (Pension) Rules, 1982....

The petitioner, Dattatreya Mahadev Pusalekar, retired as Assistant Manager from the Maharashtra Small Scale Industries Development Corporation on 30-11-2012. He filed Writ Petition No. 2355 of 2014 on...

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Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Erroneous Income Assessment. Income Tax Returns Filed After Death of Deceased Cannot Be Sole Basis for Determining Income Under Motor Vehicles Act, 1988....

The present appeal was filed by the Oriental Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging the Award dated 13th February 2004 passed by the Motor Accident Cl...

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Bombay High Court Dismisses Appeals Against Arbitral Award in Contract Dispute. Court Upholds Limited Scope of Interference Under Section 34 of Arbitration and Conciliation Act, 1996, and Affirms Modification of Interest Rate from 18% to 12% Per Annum....

The case involves two cross-appeals arising from a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The appellant in First Appeal No. 580 of 2003, M/s Rai...

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Bombay High Court Dismisses Appeal Challenging Family Court Jurisdiction in Marital Status Declaration Suit. Family Court Has Jurisdiction to Decide Incidental Question of Whether Respondent is Legally Wedded Wife Under Section 7 of Family Courts Act, 1984....

The appellant, Mukund Sudam Borkar, filed a petition before the Family Court, Nagpur seeking a declaration that the respondent, Pradnyasheela W/o Ramesh Ghate, is not his legally wedded wife and that ...

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Bombay High Court Dismisses Writ Petition Challenging Municipal Council's Resolution to Lease Land for Market Construction. Court upholds council's decision as valid exercise of power under Section 73 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, finding no illegality or mala fides....

The petitioners, Chhabildas Tukaram Khadke and Narendra Bhaskarrao Patil, filed a writ petition before the Bombay High Court challenging a resolution passed by the Jalgaon Municipal Council on 27th Ma...

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Bombay High Court Quashes Industrial Court's Order and Allows Written Statement in Appeal Under Industrial Employment (Standing Orders) Act, 1946. Industrial Court Must Permit Filing of Written Statement and Lead Evidence as Rule 13 of Bombay Rules Does Not Prohibit Pleadings in Appeal....

The writ petition arose from an appeal under the Industrial Employment (Standing Orders) Act, 1946, pending before the Industrial Court. The management, aggrieved by the certified model standing order...

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Bombay High Court Quashes Recovery from Retired Employee's Leave Salary in BMC Case — Unauthorized Deduction Without Opportunity of Hearing Violates Natural Justice. The Court held that recovery from leave salary without affording an opportunity of hearing is violative of principles of natural justice and directed release of dues....

The petitioner, Smt. Arpita Ashok Kane, was a retired employee of the Brihanmumbai Municipal Corporation (BMC), having served as a Head Telephone Operator at Lokmanya Tilak Municipal General Hospital,...