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Bombay High Court Quashes Customs Confiscation Order for Used Haemodialysis Machines — Import Not Prohibited Under Hazardous Waste Rules. Used Medical Equipment Not Classifiable as 'Hazardous Waste' or 'Waste' Under Hazardous and Other Wastes (Management, Handling and Trans-Boundary Movement) Rules, 2016....

The petitioner, Hemant Surgical Industries Limited, is engaged in importing, manufacturing, and supplying medical equipment. Since 2008, it has imported used haemodialysis machines into India. On 28th...

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Bombay High Court Quashes Corrigendum to Deemed Conveyance Orders in Co-operative Housing Society Dispute — Rectification After Five Years Held Barred by Limitation and Beyond Power to Correct Clerical Errors. The Court held that the Competent Authority under Section 5A of the Maharashtra Ownership Flats Act, 1963 cannot modify substantive rights through a corrigendum after the order has been acted upon, and the application for rectification filed after five years is barred by limitation....

The Petitioner, Prem Villa Co-operative Housing Society Ltd., challenged a Common Corrigendum/Order dated 14.01.2020 issued by the District Deputy Registrar, Co-operative Societies (Competent Authorit...

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Bombay High Court Dismisses Petitions Challenging Compensation Under Domestic Violence Act — Mental Torture and Emotional Distress Constitute Injuries Under Section 22 of Protection of Women from Domestic Violence Act, 2005. Acquittal Under Section 498-A IPC Does Not Bar Civil Remedy Under D.V. Act....

The case involves two criminal writ petitions and connected applications arising from proceedings under the Protection of Women from Domestic Violence Act, 2005 (D.V. Act). The respondent wife (Sneha ...

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  • 535
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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Reinstatement Order in Industrial Dispute Case — Misconduct Proved but Punishment Disproportionate. Labour Court's Discretion Under Section 11A of Industrial Disputes Act, 1947 Upheld as Not Perverse or Unreasonable....

The petitioner-employer, a company manufacturing fuel injection equipment, challenged an Award dated 13 December 2023 of the First Labour Court, Nashik, in Reference (IDA) No. 9 of 2004. The Labour Co...

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  • 632
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Bombay High Court Acquits Accused in Murder Case Based on Circumstantial Evidence — Chain of Circumstances Incomplete and Section 106 Evidence Act Not Invocable Without Foundational Facts. Conviction under Section 302 read with Section 34 IPC set aside as prosecution failed to establish complete chain of circumstances and recoveries under Section 27 Evidence Act were inadmissible....

The appellants, Adina (A1) and Ankush (A2), were convicted by the Sessions Judge, Yavatmal, for the murder of Subhash Rathod under Section 302 read with Section 34 IPC and sentenced to life imprisonme...

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  • 647
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Appellate Court Reverses Harsh Trial Court Order, Upholds Defendant's Right to Defense in Land Dispute. The court rules that the trial court's decision to strike off the defense was erroneous, emphasizing the need for careful consideration of evidence and true facts in property disputes....

In a civil suit concerning the sale of agricultural land, the plaintiffs sought specific performance of an agreement. The defendants (now appellants) had previously given an undertaking not to sell or...

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  • 286
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Bombay High Court Dismisses Union of India's Petition Challenging Tribunal's Order Allowing Voluntary Retirement of Assistant. Rule 48-A of CCS Pension Rules Prevails Over Administrative Circulars and Fundamental Rule 56(k)(1) — Employer's Rejection on Grounds of Staff Shortage Held Arbitrary....

The Union of India and others (petitioners) challenged the order dated 01.03.2024 of the Central Administrative Tribunal, Mumbai Bench, which allowed the original application of Satish Namdeorao Andra...

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Bombay High Court Quashes Bye-Election Notification for Panchayat Samiti Seat Where Tenure Left is Less Than Six Months — Section 63 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 Interpreted Purposively to Avoid Futile Elections. The court held that where the remainder of the term of a casual vacancy is less than six months, no bye-election should be held, as the elected member would get a tenure of less than six months....

The petitioners, voters of Panchayat Samiti, Katol, challenged the election programme dated July 19, 2024, issued by the Maharashtra State Election Commission for a bye-election to fill a casual vacan...

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  • 374
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Bombay High Court Allows Comunidade's Challenge to RTI Orders — Holds Comunidades Not Public Authorities Under RTI Act. Administrative tutelage under Code of Comunidades does not make Comunidades 'public authorities' under Section 2(h) of the Right to Information Act, 2005, and no officer can be deemed a Public Information Officer....

The Bombay High Court at Goa disposed of a batch of writ petitions challenging orders under the Right to Information Act, 2005 (RTI Act) that directed Comunidades (village communities in Goa) to provi...

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Bombay High Court Dismisses Petitioner's Challenge to Denial of Approval for Assistant Teacher Appointment Due to Non-Compliance with Recruitment Rules. Appointment Not Through Pavitra Portal and Advertisement in Weekly Newspaper Not Sufficient Under Rule 9(2A) of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981....

The petitioner, appointed as an assistant teacher on 1st June 2018 at Sane Guruji Vidhya Mandir, challenged the order dated 21st September 2023 of the Education Officer (Primary), Zilla Parishad, Jalg...

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

Karnataka High Court Examines Revision Against Concurrent Conviction in Cheque Dishonour C...

High Court of Karnataka Hears Petitioners in Food Safety and Standards Act Case Seeking Qu...

Supreme Court Allows Assessee in GST Limitation Case by Setting Aside Show Cause Notice fo...

Supreme Court Upholds Election Petitioner in Representation of People Act, 1951 Matter on ...

Supreme Court Quashes Domestic Violence Proceedings Against Husband Based on Prior Settlem...

Supreme Court Upholds Appeal in Stamp Duty Classification Dispute; Industrial Use Prevails...

Supreme Court Upholds Directions for Expedited Construction of Limited Use Subway at Level...

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