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High Court

High Court Allows Writ Petition for Regularization and Retirement Benefits of Temporary Teacher. The court held that a temporary Assistant Teacher with over 20 years of continuous service is entitled to regularization under Government Resolution dated 17.06.2002 and retirement benefits under the Maharashtra Civil Services (Pension) Rules, 1982, as denial would defeat social welfare objectives....

The dispute involved a petitioner who was appointed as a temporary Assistant Teacher in a school run by the Municipal Council on 17.08.1992 and served continuously until his retirement on 31.10.2012. ...

By Admin
  • 545
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High Court

High Court Quashes Executive Magistrate's Show Cause Notices Under BNSS for Lack of Jurisdiction. Proceedings Under Section 126 Bharatiya Nagarik Suraksha Sanhita, 2023 Invalid Without Prior Written Order Under Section 130 Recording Substance of Information and Opinion on Sufficiency of Grounds....

The judgment involved multiple criminal writ petitions filed by various petitioners, against the State of Goa and other respondents, challenging show cause notices issued by Executive Magistrates (Dep...

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  • 832
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High Court

High Court of Bombay at Goa Allows Criminal Writ Petitions Challenging Externment Orders Under Section 56 of Goa Police Act, 1869 — Orders Quashed for Violation of Natural Justice and Lack of Material. The court held that externment orders must be based on specific instances, subjective satisfaction, and consideration of less drastic remedies, and failure to do so renders them void....

The judgment concerns a batch of criminal writ petitions filed by individuals challenging externment orders passed against them under Section 56 of the Goa Police Act, 1869 by the Deputy Collector and...

By Admin
  • 136
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High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation for Injured Minor Pedestrian. The court held that the insurer failed to prove breach of policy conditions or contributory negligence, affirming the Tribunal's award under the Motor Vehicles Act, 1988....

The case arises from a motor accident that occurred on 30th December 2009 at about 7:10 a.m. on Dr. B.A. Road, Mumbai. The claimant, Mast. Siddanth Sanjay Jamsandekar, then aged 12 years, was walking ...

By Admin
  • 183
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High Court

Bombay High Court Quashes FIR Against Police Officers in Custodial Death Case Due to Lack of Sanction Under Section 197 CrPC. Prosecution for alleged murder and torture during custody fails as prior sanction for prosecution of public servants was not obtained, rendering the proceedings invalid....

The judgment pertains to two criminal writ petitions filed by police officers seeking quashing of an FIR registered by the Central Bureau of Investigation (CBI) for offences including murder, torture,...

By Admin
  • 218
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High Court

Bombay High Court Upholds Life Imprisonment for Murder Conviction Based on Circumstantial Evidence and Last Seen Theory. Conviction under Section 302 IPC Sustained as Chain of Circumstances Complete and Inconsistencies in Defence Explanation Found Fatal....

The present appeal challenges the judgment and order dated 18.12.2019 passed by the Additional Sessions Judge, Pune District in Sessions Case No. 823/2016, whereby the appellant Prakash Tukaram Bhosal...

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  • 263
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High Court

Bombay High Court Dismisses Election Petition for Non-Disclosure of Cause of Action in Mahim Constituency Dispute. Failure to disclose chargesheets in Form 26 affidavit does not constitute corrupt practice under Section 100(1)(b) of the Representation of the People Act, 1951, as the alleged non-disclosure did not materially affect the election result....

The case involves an Interim Application filed by Mahesh Baliram Sawant, the returned candidate from the Mahim Constituency in the 15th Maharashtra Legislative Assembly elections held on 20 November 2...

By Admin
  • 180
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High Court

Bombay High Court Dismisses SEZ Developer's Petition for Octroi Exemption and Refund. State SEZ Policy Exemption Not Enforceable Against Municipal Corporation Without Statutory Amendment....

The petitioner, EON Kharadi Infrastructure Pvt. Ltd., a Special Economic Zone (SEZ) developer, sought exemption from octroi and refund of octroi paid to the Pune Municipal Corporation (PMC) from 2005 ...

By Admin
  • 186
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High Court

Bombay High Court Dismisses Writ Petition Challenging Land Acquisition Compensation Under RFCTLARR Act — Petitioners Failed to Demonstrate Entitlement to Higher Compensation. Court Held That Compensation Determined by Reference Court Under Section 64 of RFCTLARR Act, 2013 Was Just and Proper Based on Evidence....

The petitioners, legal heirs of original landowners Shrikrishna Mahadev Kokane and Chandrakant Mahadev Kokane, filed a writ petition under Article 226 of the Constitution of India before the Bombay Hi...

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  • 234
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High Court

Bombay High Court Allows Petition for Notice Under Section 16(2)(a) of Maharashtra Project Affected Persons Rehabilitation Act, 1999. Court directs respondents to issue notice to project affected persons before denying rehabilitation benefits....

The petitioners, legal heirs of a deceased project affected person, filed a writ petition seeking directions to the respondents to issue a notice under Section 16(2)(a) of the Maharashtra Project Affe...

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  • 118
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