Bombay High Court

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Bombay High Court Dismisses Writ Petition Seeking Absorption Under Government Resolution After Reinstatement in EGS Service — Claim for Regularisation Rejected Due to Delay and Laches....

The petitioner, Ashok Bhikanrao Deshmukh, was appointed as a Mustering Assistant on daily wages under the Employment Guarantee Scheme (EGS) from 01.11.1985. He was orally terminated on 11.02.1987. He ...

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High Court of Bombay at Aurangabad Dismisses Employer's Petition Challenging Overtime Award to Retired Employee Under Section 33C(2) of Industrial Disputes Act. Employer's Internal Circular Limiting Overtime Cannot Override Statutory Entitlement; Employer Failed to Rebut Evidence of Overtime Worked....

The petitioners, Maharashtra State Electricity Transmission Co. Ltd. (MSETCL) and its officers, challenged the judgment and order dated 18.05.2022 passed by the learned Judge Labour Court, Jalgaon, in...

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Bombay High Court Allows Second Appeal in Property Dispute Over Temple Land, Remands for Fresh Consideration of Adverse Possession and Limitation Issues. The court set aside the first appellate court's decree and restored the trial court's dismissal of the suit, finding that the plaintiffs failed to prove title and possession within limitation....

The present second appeal arises from a property dispute concerning a temple and adjacent land in Burhanagar, Ahmednagar. The original plaintiffs (respondents 1-4) filed Regular Civil Suit No.600/1982...

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Bombay High Court Allows Writ Petition of Retired Agriculture Assistant Seeking Full Pay and Allowances for Period of Suspension and Dismissal Set Aside by Tribunal. The Court held that once dismissal is set aside and reinstatement with continuity is ordered, the employee is entitled to full back wages for the period of absence....

The petitioner, Pandurang Karuji Titarmare, was appointed as an Agriculture Assistant with the Government of Maharashtra. During his service, he was issued a show cause notice on 03.06.2004 alleging m...

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Bombay High Court Allows MBBS Admission to Students Despite Late Application in Institutional Level Round. Court holds that NMC's circular restricting institutional level round to only those who had applied earlier is ultra vires the NMC Act and Regulations....

The petitioners, two students who appeared for NEET-UG-2023, challenged a communication dated 18-10-2023 issued by respondent No.2 (Under-Graduate Medical Education Board) which restricted the institu...

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Bombay High Court Quashes No-Confidence Motion Against Vice-President for Violation of Natural Justice and Procedural Rules under Maharashtra Municipal Councils Act, 1965. Failure to allow the petitioner to speak and absence of proper proposal and seconding rendered the motion invalid....

The petitioner, Shailesh Gabhane, was the Vice-President of Nagar Panchayat, Mohadi, elected on 19.01.2022. On 20.12.2022, nine elected councillors submitted a requisition for a no-confidence motion a...

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Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Quashes Notice as Barred by Limitation and Lacking Fresh Material. Reopening beyond four years requires failure to disclose material facts, and reopening on same material as original assessment is impermissible change of opinion....

The petitioner, DCW Limited, challenged a notice dated 30th June 2021 issued under Section 148 of the Income Tax Act, 1961 seeking to reopen its assessment for Assessment Year 2014-15. The original as...

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Bombay High Court Allows Father's Petition for Further Investigation in Son's Accidental Death Case — Article 226 of the Constitution of India Invoked. Court finds initial investigation perfunctory and directs senior officer to conduct fresh probe into ADR No. 63 of 2017....

The petitioner, Swapan Nripesh Bhattacharya, is the father of the deceased, Soham Bhattacharya, who died at the age of 23. The petitioner filed a writ petition under Article 226 of the Constitution of...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind. Detention order set aside as the detaining authority failed to consider the petitioner's bail status and relied on stale material....

The petitioner, Asif Shaikh, challenged an order dated 22nd June 2023 passed by the Commissioner of Police, Mumbai, detaining him under Section 3(2) of the Maharashtra Prevention of Dangerous Activiti...

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Bombay High Court Quashes Criminal Proceedings for Violation of Election Code of Conduct Under Section 188 IPC — Lack of Sanction Under Section 195 CrPC Renders Prosecution Unsustainable. The court held that without a complaint by the public servant who issued the order, the prosecution under Section 188 IPC cannot be sustained....

The applicant, Swaraj @ Raj Shrikant Thackeray, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Criminal Case No. SCC 41 of 2011 pending befor...