Bombay High Court

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Bombay High Court Dismisses Municipal Corporation's Challenge to Labour Court Award in Unfair Labour Practice Case. Corporation Failed to Prove That Daily Wage Employees Were Not Entitled to Regularisation Under Industrial Disputes Act, 1947....

The Dhule Municipal Corporation filed three writ petitions challenging a common award dated 29/12/2015 passed by the Labour Court, Dhule, in Reference (IDA) Nos. 2/2014, 1/2014, and 3/2014. The Labour...

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Bombay High Court Quashes Industrial Court Order Dismissing ULP Complaints of Bank Employees; Holds Claims for Unpaid Wages Not Barred by Limitation or Section 107 of Maharashtra Co-operative Societies Act, 1960. Recurring Cause of Action Principle Applied to Dearness Allowance Claims; Registrar Directed to Grant Permission Under Section 107....

The two writ petitions were filed by employees of Shri P.K. Anna Patil Janta Sahakari Bank Ltd., which had been placed under liquidation. The petitioners had lodged complaints under the Maharashtra Re...

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Bombay High Court Quashes Criminal Proceedings in Dowry Harassment Case Following Compromise and Divorce Settlement Between Spouses. Settlement of Rs.5,50,000 towards permanent alimony and decree of divorce under Section 13B of Hindu Marriage Act, 1955 led to quashing of FIR under Sections 498-A, 323, 504, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961....

The applicants, who are husband and his relatives, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 1 of 2015 registered at Shrigonda ...

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Bombay High Court Allows Appeal in Recovery Suit Dismissed for Non-Prosecution — Sets Aside Dismissal Order and Permits Appellant to Lead Evidence. Court Holds That Dismissal for Default Without Considering Merits Is Not a Bar to Restoration Under Order 9 Rule 9 CPC, and That Liberal Approach Is Warranted When Default Is Not Wilful....

The appellant, Deepak Shah, a civil contractor, filed a suit (Civil Suit No. 40/12) against M/s. Shah Builders (Respondent No. 1) and Union of India (Respondents 2-4) for recovery of Rs. 60,00,000 due...

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Bombay High Court Allows Appeals in Damages Suit for Wrongful Demolition — Plaintiff Failed to Prove Title and Possession. Suit for damages dismissed as plaintiff did not establish ownership or lawful possession of the demolished structure under the Specific Relief Act, 1963 and the Transfer of Property Act, 1882....

The case involves two appeals arising from a common judgment of the Additional District Judge, North Goa, Panaji, in a suit for damages filed by the plaintiff-respondent (Vithoba Babuso Adel) against ...

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Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979....

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (Ramesh), who died on 12th August 1979. The Will ap...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Improper Investigation. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Vishwas Nathu Sase, was convicted by the learned Additional Sessions Judge, Islampur, in Sessions Case No.42 of 2008 for the murder of Ashatai Bandu Sawant, the first wife of PW-8 Bandu...

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High Court of Judicature of Bombay Quashes State Government Interference in Municipal Election Process, Upholds Bar on Court Intervention Post-Notification. Court Holds That Once Election Process is Imminent, Courts Should Not Interfere, Reiterating the Role of State Election Commission and the Exclusivity of Election Petitions....

The writ petition was filed before the Aurangabad Bench of the Bombay High Court by Shilpa Pardeshi against the State of Maharashtra, the State Election Commission, the Collector, and the Municipal Co...

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Bombay High Court Upholds Life Sentence for Murder and Criminal Intimidation Based on Circumstantial Evidence and Dying Declaration. Conviction under Sections 302 and 506 IPC confirmed as prosecution proved chain of circumstances leading to guilt of accused....

The appellant, Prakash Suryakant Lad, was convicted by the Sessions Judge, Sindhudurg, for the murder of Sadhana Ahir and for criminal intimidation. The prosecution case was that the appellant, who ha...

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High Court Upholds Appellants in Companies Act and Testamentary Matters — Clarifies Nominee Rights Over Testamentary Dispositions....

The judgment arose from two appeals concerning the rights of nominees under the Companies Act and the implications of testamentary dispositions. The appeals were filed against a common judgment by a S...