Bombay High Court

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher in Voluntary Retirement Case. Acceptance of Voluntary Retirement Without Statutory Notice Period Under Section 5(3) of MEPS Act, 1977 Held Illegal....

The petitioner, Shri Guru Buddhiswami Mahavidyalaya (the Management), challenged the judgment and order dated 06/12/2013 of the School Tribunal, Latur, which partly allowed Appeal No.1/2013 filed by r...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher in Voluntary Retirement Dispute. Acceptance of Voluntary Retirement Without Allowing Withdrawal Within Notice Period Under Section 7(2) of MEPS Act, 1977 Held Illegal....

The petitioner, Shri Guru Buddhiswami Mahavidyalaya, through its Secretary and Principal, challenged the judgment and order dated 06/12/2013 of the School Tribunal, Latur, which partly allowed Appeal ...

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Bombay High Court Allows Second Appeal in Partition Suit, Remands Matter for Fresh Consideration on Question of Shares Under Hindu Succession Act. The court set aside the judgments of the trial court and first appellate court and directed the trial court to decide the suit afresh on the question of shares....

The case arises from a partition suit (Regular Civil Suit No. 2005 of 1986) filed by the original plaintiff (since deceased, represented by legal heirs) against the defendants (also since deceased, re...

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Bombay High Court Acquits Accused in Murder Case Due to Incomplete Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Last Seen Evidence Unreliable and Extra-Judicial Confession Not Voluntary....

The appellant, Nitesh Pundlikrao Kathe, was convicted by the Additional Sessions Judge, Amravati for the murder of his wife under Section 302 IPC and sentenced to life imprisonment. He appealed under ...

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Bombay High Court Allows Appeal in Income Tax Capital Gains Case — Section 54F Deduction Computation Clarified. Investment in new asset before due date of filing return qualifies for exemption even if return is filed late....

The appellant, Humayun Suleman Merchant, sold a plot of land in Mumbai on 29th April 1995 for Rs.85,33,250/-, resulting in a long-term capital gain. To claim exemption under Section 54F of the Income ...

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High Court of Bombay Allows Pension Benefits to Retired Bank Employee Despite Delay in Deposit of Amount Under Joint Note. The court held that the three-day condition imposed by the bank was arbitrary and unreasonable, and that the petitioner's substantive right to pension could not be defeated by a procedural technicality....

The petitioner, Ramesh Gajanan Nigudkar, joined the Bank of Baroda as a subordinate staff member on 4 March 1967 and retired after 39 years of unblemished service on 31 October 2006. The bank had earl...

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Bombay High Court Allows Pension Benefits to Retired Bank Employee Despite Delay in Deposit of Contribution Amount Under Joint Note Dated 27 April 2010. The court held that the three-day period for deposit was unreasonable and that the petitioner's substantial compliance warranted granting pension....

The petitioner, Ramesh Gajanan Nigudkar, joined the Bank of Baroda as a subordinate staff member on 4 March 1967 and retired after 39 years of unblemished service on 31 October 2006. The bank had earl...

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Bombay High Court Dismisses Writ Petitions Seeking Permanency for Apprentice Development Officers of LIC. Apprenticeship Training Scheme under Section 18 of the Life Insurance Corporation Act, 1956 does not create employer-employee relationship or right to absorption....

The petitioners, a group of individuals who were engaged as apprentice development officers by the Life Insurance Corporation of India (LIC) under a training scheme, filed writ petitions seeking a man...

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Bombay High Court Dismisses Writ Petitions Seeking Permanency for LIC Apprentices — Apprentices Act, 1961 Overrides Industrial Disputes Act. Apprentices engaged under a statutory scheme are not employees and have no right to absorption....

The petitioners, engaged as apprentices by the Life Insurance Corporation of India (LIC) under the Apprentices Act, 1961, filed writ petitions seeking a mandamus to direct LIC to absorb them as perman...

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Bombay High Court Allows Management to Conduct Enquiry Against Employee Subject to Suspension and Subsistence Allowance — Employee Offers to Waive Back Wages for Continuity. The court sustained the management's right to conduct an enquiry subject to suspension and subsistence allowance, while noting the employee's offer to waive back wages for continuity of service....

The case involves a writ petition filed by Smt. Mohinibai Badriprasad Agrawal Shikshan Prasarak Mandal and the Incharge Head Master of Mahatma Jyotiba Fule Secondary School against Shri Gokul s/o Pita...