Bombay High Court

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Bombay High Court Allows Writ Petition for Pension and Retirement Benefits to Librarian Who Served 38 Years, Quashes State's Refusal on Ground of Lack of Approval at Appointment. The court held that the State cannot deny pensionary benefits after accepting services for decades without raising the issue at the time of appointment....

The petitioner, Sudhir Santuji Murkute, was appointed as a library clerk in 1982 by Respondent No.3 Trust for a college run by the Trust. The appointment was subject to approval by the education depar...

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Bombay High Court Dismisses Petition Challenging Age Relaxation Denial for EWS Candidates in Judicial Recruitment. EWS Category Not Entitled to Age Relaxation Under Maharashtra Judicial Service Rules, 2008 as Relaxation Only for Backward Classes....

The petitioners, four individuals belonging to the Economically Weaker Section (EWS), challenged a communication dated 31st January 2022 from the Bombay High Court informing them that they could not b...

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Bombay High Court Dismisses Petition Challenging No-Confidence Motion Against Upa-Sarpanch. 3/4th Majority for Removal of Upa-Sarpanch Must Be Calculated Based on Total Members of Panchayat, Not Only Those Present and Voting....

The petitioner, Archna Phulare, was the Upa-Sarpanch of Shivgaon-Pathari Gram Panchayat. A no-confidence motion was passed against her by 7 votes to 2 out of nine total elected members. The petitioner...

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Bombay High Court Dismisses Petition Challenging No-Confidence Motion Against Upa-Sarpanch. 3/4th Majority for Removal of Upa-Sarpanch Must Be Calculated Based on Total Members of Panchayat, Not Only Those Present and Voting....

The petitioner, Archna Phulare, was the Upa-Sarpanch of Shivgaon-Pathari Gram Panchayat. A no-confidence motion was passed against her by 7 votes to 2 out of nine total elected members. The petitioner...

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Bombay High Court Quashes Disqualification of Woman Panchayat Member in Encroachment Case — Lack of Evidence of Residence on Government Land. Collector's order set aside as spot inspection report failed to establish that petitioner resided on encroached government land, and no notice was given before inspection....

The petitioner, Swati Sachin Balge, was a member of the Village Panchayat, Tajnapur. Respondent No.1, Appasaheb Kisan Veer, applied under Sections 14(1)(j-3) and 16 of the Maharashtra Village Panchaya...

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Bombay High Court Allows Writ Petition of Village Panchayat Member Challenging Disqualification for Encroachment — Vague Spot Inspection Report and Lack of Notice Lead to Quashing of Disqualification. The court held that the burden to prove encroachment was not discharged as the inspection report did not clearly state the petitioner's residence on government land....

The petitioner, Swati Sachin Balge, was an elected member of the Village Panchayat, Tajnapur. Respondent No.1, Appasaheb Kisan Veer, applied under Sections 14(1)(j-3) and 16 of the Maharashtra Village...

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Bombay High Court Allows Writ Petition Challenging Transfer of Suit for Specific Performance on Ground of Territorial Jurisdiction. Agreement Executed at Aurangabad Confers Jurisdiction Under Section 20(c) CPC, Despite Property Being in Vaijapur....

The petitioners, original plaintiffs, filed a suit for specific performance of contract of sale and perpetual injunction in the Court of Civil Judge Senior Division, Aurangabad, against the respondent...

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Bombay High Court Allows State Government's Petitions Challenging Industrial Court Order Granting Permanency to Temporary Employees in Government Hospitals. Back Door Entry Without Selection Process Disqualifies Claim for Regularisation Under MRTU & PULP Act....

The State Government filed eight petitions challenging a common judgment of the Industrial Court, Satara, which had directed continuation of services and grant of permanency to respondents who were te...

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Bombay High Court Allows Revision and Restores Rejection of Plaint in Suit Based on Unregistered Agreement. Suit for Declaration of Ownership and Injunction Fails as Agreement Not Produced and Suit Time-Barred Under Article 58 of Limitation Act, 1963....

The case involves a Civil Revision Application filed by Ajmera Enterprises (the applicant) against an order of the appellate court which had set aside the trial court's rejection of the plaint under O...