Bombay High Court

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Bombay High Court Allows Leave Encashment to Retired Judge Appointed as President of State Consumer Commission. Petitioner entitled to leave encashment under Maharashtra Civil Services (Leave) Rules, 1981 for entire tenure, not limited to COVID-19 period....

The petitioner, Justice Ashok Pitambar Bhangale, a retired Judge of the Bombay High Court, was appointed as the President of the Maharashtra State Consumer Disputes Redressal Commission, Mumbai, vide ...

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Bombay High Court Allows Appeal in Railway Accident Case — Death of Passenger from Fall from Train Held Untoward Incident. Bona Fide Passenger Status Established Despite Lost Ticket, Entitled to Compensation Under Railways Act, 1989....

The appellants, parents of deceased Swapnil Patil, filed a claim before the Railway Claims Tribunal alleging that their son died after falling from a running train (Down Punjab Mail Train No.12137) on...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Instigation or Proximate Link. Allegations of harassment for loan repayment do not constitute abetment under Section 306 IPC as there was no direct instigation or active role in driving the deceased to suicide....

The judgment pertains to a criminal writ petition and two criminal applications filed before the Bombay High Court, Nagpur Bench, seeking quashing of FIR No.540 of 2022 registered at City Kotwali Poli...

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings....

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Housing Finance Ltd. under the Securitisation and Re...

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Bombay High Court Upholds Labour Court's Finding that Food Service Supervisor is a Workman under Industrial Disputes Act. The court held that the employee, despite being designated as supervisor, lacked power to appoint or dismiss subordinates and thus fell within the definition of workman under Section 2(s) of the Industrial Disputes Act, 1947....

The petitioner, Dr. Balabhai Nanavati Hospital, a public charitable trust, employed respondent No.1 as a Food Service Supervisor on a temporary basis from 15th October 1990, and confirmed him on 4th F...

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Bombay High Court Partly Allows Appeal Against Conviction for House Trespass and Arms Possession — Reduces Sentence Due to Age and Passage of Time. Conviction under Section 452 read with 34 IPC and Section 25(1-B)(a) read with Section 3 of Arms Act upheld, but sentence reduced from 5 years to 3 years and from 2 years to 1 year respectively....

The appellant, Nazim Abdul Rehman Shaikh, along with three others, was tried for offences under Sections 452, 394, 397 read with 34 of the Indian Penal Code (IPC) and Section 3 read with Section 25 of...

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Bombay High Court Acquits Parents-in-Law in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Demand for Rs.20,000 for Jeep Loan Not Sufficient to Prove Instigation or Cruelty Under Sections 306 and 498-A IPC....

The case pertains to the death of Alkabai, who was married to Ravsaheb Patil (appellant no.1, since deceased). After about a year of marriage, the husband and father-in-law (appellant no.2) purchased ...

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Bombay High Court Allows Appointment of Arbitrator Under Section 11 of Arbitration Act for Disputes Arising from Agreements Containing Arbitration Clause. Court Appoints Sole Arbitrator to Adjudicate Disputes Between Parties....

The petitioner, Hyund Construction Equipment India Pvt. Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve disputes ...

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Bombay High Court Dismisses Arbitration Petition for Lack of Arbitration Agreement in Partnership Deed. Clause Providing Majority Decision for Partner Differences Did Not Constitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996....

This case concerned an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator to adjudicate disputes arising from a partnership de...