Bombay High Court

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Legal Examination of Civil Suit Admissibility Without Pre-Notice: A Conflict of Judicial Views. Court Clarifies Requirement of Section 115 Notice Under the NIT Act for Civil Suits Against Public Bodies....

This case revolves around whether a civil suit can be filed against the Nagpur Improvement Trust (NIT) without first issuing a notice as required under Section 115 of the Nagpur Improvement Trust Act,...

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Bombay High Court Commutes Death Sentence to Life Imprisonment in Murder by Burning Case. Conviction Under Sections 302, 307 IPC Upheld but Death Penalty Not Warranted Due to Mental Instability and Provocation....

The case arises from an incident on 14th April 2017, when the accused, Deepak Birbahadur Jath, poured petrol on Amravati (deceased) and set her on fire, also causing burns to Kanta Eikka (PW7) and her...

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Bombay High Court Dismisses Student's Challenge to Expulsion for Sexual Harassment — Procedural Defects Cured by Appeal Process. Expulsion Upheld as Proportionate Under UGC Regulations 2015 for Repeated Misconduct Despite Humanitarian Considerations....

The petitioner, a student of Maharashtra National Law University (MNLU), was expelled after an Internal Complaints Committee (ICC) found him guilty of sexual harassment for the second time. The ICC re...

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Bombay High Court Allows Petition for Pension Benefits Including 50% of Part-Time Service for Teacher. Half of Part-Time Shikshan Sevak and Teacher Service Counted Towards Qualifying Service Under Maharashtra Civil Services (Pension) Rules, 1982....

The petitioner, Babaso Ganpatil Awate, a Scheduled Caste teacher, was appointed as a Part Time Shikshan Sevak on 18 July 2002 in an aided post at Respondent No. 4 Junior College. Approval was granted ...

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Trustees’ Authority in Managing Encroached Land for Slum Rehabilitation: Bombay High Court Clarifies. Bombay High Court allows PLAINTIFFS to collaborate with developers to undertake slum rehabilitation on its encroached lands, empowering trustees under the Public Trust Act....

1. Introduction:The plaintiffs, A. H. Wadia Trust, a public charitable trust, along with its trustees (Plaintiffs No. 2 to 5), approached the court via an Originating Summons to seek clarification reg...

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Bombay High Court Sets Aside Amendment of Plaint After Trial Commenced Due to Lack of Due Diligence by Plaintiff. The court held that the proviso to Order 6 Rule 17 CPC requires due diligence for amendments after trial commencement, and the plaintiff's illiteracy and recent procurement of certified copies did not constitute due diligence....

The petitioners, original defendant nos. 1 to 3 and 5 to 8, challenged the order dated 29 April 2023 passed by the Civil Judge, Junior Division, Khandala in Regular Civil Suit No. 140 of 2015, which a...

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Bombay High Court Allows Amendment to Plaint in Eviction Suit by Parsi Punchayet Trustees, Reversing Appellate Order. The court held that alternative and inconsistent pleas are permissible under Order VI Rule 17 CPC to avoid multiple lawsuits, provided no prejudice is caused to the defendants....

The Bombay High Court ruled in favor of the Trustees of the Funds and Properties of the Parsi Punchayet, allowing an amendment to their plaint in an eviction suit concerning a plot of land in Petit Co...

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Bombay High Court Grants Bail to IRS Officer in PMLA Case Due to Unsigned Predicate FIR and Lack of Chargesheet. The court held that an unsigned FIR in the predicate offence vitiates the ECIR and arrest, and continued detention without trial violates Article 21....

The applicant, Sachin Balasaheb Sawant, an IRS officer, was arrested on 27 June 2023 by the Enforcement Directorate (ED) in connection with ECIR No. ECIR/MBZO-I/69/2022, based on a predicate FIR regis...

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Demand for Tax Dues Prior to Acquisition Quashed Under IBC Provisions. Bombay High Court rules that tax dues from before the acquisition of a company under the Insolvency and Bankruptcy Code (IBC) cannot be recovered from the buyer of the assets during liquidation proceedings....

The petitioner, sought to quash demand notices issued by the Gram Panchayat, Gowari, seeking recovery of outstanding tax dues pertaining to the period prior to its acquisition of assets from Gupta Glo...

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Bombay High Court Partly Allows Writ Petitions of Two Shikshan Sevaks Challenging Termination Without Hearing. Termination Orders Quashed for Violation of Natural Justice, BMC Permitted to Issue Fresh Show Cause Notices and Pass Reasoned Orders Within 60 Days....

The judgment concerns two writ petitions filed by Kishor Sitaram Dongardive and Shrikant Govindrao Vaidya, both appointed as Shikshan Sevaks (primary school teachers) by the Brihanmumbai Municipal Cor...