Bombay High Court

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Bombay High Court Quashes Government Resolution Granting Letter of Intent for New Colleges, Holds State's Discretion Under Section 109(3)(d) of Maharashtra Public Universities Act Must Be Non-Arbitrary. Refusal Based on Extraneous Factors Like Age of Institution Violates Article 14 of Constitution....

The matter pertained to the establishment of a new college in Taluka-Haveli, Pune, under the Maharashtra Public Universities Act, 1960. The petitioner, M/s. Jagruti Foundation, a charitable trust with...

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Bombay High Court Allows Teacher's Transfer from Un-Aided to Aided Post in Same School, Quashes Education Officer's Refusal Based on Surplus Teacher Policy. Transfer of teacher within same school cannot be denied solely on ground of surplus teachers in district....

The petitioner, Smt. Anjana Madhav Channagire, was appointed as an Assistant Teacher in Jawahar Primary School, Latur, on 24.4.2013. Her services were initially approved on a non-grant basis by the Ed...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Age Evidence and Lack of Consent Proof. Conviction for Rape and Sexual Assault Set Aside as Prosecution Failed to Establish Victim's Minority and Non-Consensual Nature of Relationship....

The appellant, Pravin Popat Kharat, was convicted by the Special Judge under POCSO Act, Ahmednagar, for offences under Section 376(1) IPC and Section 4 of the POCSO Act, and sentenced accordingly. He ...

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Bombay High Court Acquits Appellants in Gang Rape Case Due to Material Contradictions and Improbable Prosecution Story. Conviction Under Section 376(g) IPC Set Aside as Medical Evidence Does Not Support Rape and Victim's Testimony is Full of Omissions....

The case pertains to an appeal against conviction under Section 376(g) IPC. The appellants, Parmeshwar and Vitthal, were convicted by the trial court for gang rape of a 15-year-old girl. The prosecuti...

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High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim — Injured Passenger Entitled to Compensation for Amputation. Bona Fide Passenger Status Established Despite Lost Ticket; Sudden Jerk Leading to Fall Constitutes Untoward Incident Under Section 123(c) of Railways Act, 1989....

The appellant, Kishor Vishnu Bondre, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries sustained in a train accident on 06.02.2012. He alleged that while trav...

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Bombay High Court Allows Second Appeal in Property Dispute, Setting Aside Concurrent Findings of Courts Below. Court holds that a co-owner in exclusive possession of joint property cannot claim adverse possession against other co-owners without clear ouster....

The case involves a dispute over ancestral property. The appellant, a co-owner, filed a suit for partition and declaration of title, claiming that the respondent, another co-owner, was in exclusive po...

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Bombay High Court Allows Writ Petitions Challenging Arbitral Award in Property Dispute — Award Set Aside for Violation of Natural Justice and Lack of Reasons. Court holds that an arbitrator must provide reasoned findings and cannot rely on unsubstantiated claims without evidence....

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award dated 30 June 2023 passed by a sole arbitrator in a property dispute between the...

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Bombay High Court Dismisses Municipal Council's Challenge to Regularization of Daily Wage Safai Kamgars. Industrial Court's Order to Confer Permanent Status Upheld as Employees Worked Continuously and Were Denied Benefits Unfairly....

The judgment concerns three writ petitions filed by the Alibag Municipal Council and its Chief Officer challenging orders of the Industrial Court dated 11 January 2005 and 16 October 2006. The Industr...