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Bombay High Court Dismisses Writ Petition, Upholds Decision Denying Tenancy Declaration Under Maharashtra Tenancy Act, 1948. Commissioner's Order Recognizing Estate Holder as Occupant, Petitioners' Affidavits Admitting No Tenancy, and Dismissal of Civil Suit for Possession Falsified Tenancy Claim....

The dispute concerned a claim for tenancy over land bearing Survey No. 47, Hissa No. 2 in village Borivade, District Thane, originally part of the Salsette Estate which was exempt from land revenue. T...

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Bombay High Court Dismisses Tenancy Claim in Salsette Estate Land Dispute — No Tenancy Rights Created Under Bombay Tenancy Act for Land Not Subject to Land Revenue. The court held that the Salsette Estate (Land Revenue Record Exemption Abolition) Act, 1951 did not automatically bring the land under the Bombay Tenancy and Agricultural Lands Act, 1948, and the petitioners failed to prove their status as tenants....

The case involves a dispute over agricultural land in village Borivade, which was originally part of a Salsette Estate. The predecessor of the respondent purchased the entire village by a deed of conv...

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  • 183
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Bombay High Court Quashes MPDA Detention Order Against Accused in Gambling Cases — Acts Constitute Law and Order, Not Public Order. Offences under Section 65(D) of Bombay Prohibition Act, 1949 for gambling do not affect public order, and delay in considering representation vitiates detention under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981....

The petitioner, Jumma @ Munna Burhan Hiriwale, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video...

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Bombay High Court Quashes FIR Against Father for Kidnapping His Own Minor Child — Father as Natural Guardian Cannot Be Guilty of Kidnapping Under Section 363 IPC. The Court held that a father taking his own minor child from the mother's custody does not constitute kidnapping under Section 361 IPC as the father is a lawful guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956....

The Bombay High Court at Nagpur quashed an FIR registered against a father for allegedly kidnapping his own minor son aged 3 years from the custody of the mother. The informant mother had lodged a rep...

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Bombay High Court Issues Directions for Improvement of Healthcare Facilities in Government Hospitals in Goa in Public Interest Litigation. Court Holds That Right to Health is a Fundamental Right Under Article 21 of the Constitution and State Has a Legal Obligation to Provide Basic Medical Facilities....

This public interest litigation was filed by Prakash B. Sardessai and Vishwesh Sardessai, residents of Goa, seeking improvement of healthcare facilities at government hospitals, clinics, and dispensar...

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  • 56
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High Court of Judicature at Bombay Hears Employer's Writ Petitions Against Labour Court's Order to Pay Subsistence Allowance in Industrial Dispute. Interim order under challenge directed employer to deposit 50% of monthly gross wages as subsistence allowance pending reference, reasoning that dismissal without domestic inquiry and option to justify dismissal created deemed employment relationship under Section 10A of Industrial Employment (Standing Orders) Act, 1946....

The dispute arose from an industrial conflict between an employer and its workmen, involving allegations of unfair labour practices and subsequent dismissal of workmen without a domestic inquiry. The ...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher Terminated Without Inquiry. Termination of Teacher Without Valid Departmental Inquiry Under Section 5 of Maharashtra Employees of Private Schools Act, 1977 is Illegal and Reinstatement with Backwages is Justified....

The Petitioner-Management, a trust running schools, terminated Respondent No.1, an Assistant Teacher, on 10 January 2011. The termination was challenged before the School Tribunal, Pune, which set asi...

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Bombay High Court Allows Claim for Interest on Delayed Compensation Under Land Acquisition Act, 2013 — Interest Awarded at 12% Per Annum from Date of Award to Payment. Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 mandates interest on delayed payment of compensation, and the Court directed payment of interest at 12% per annum from the date of Award until actual payment....

The case involves two writ petitions filed under Article 226 of the Constitution of India by Hatim Fidaali Rajkotwala and another against the Land Acquisition Officer, The Collector and District Magis...

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Bombay High Court Allows Petitioners' Claim for Interest on Delayed Compensation Under Land Acquisition Act. Petitioners entitled to statutory interest under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for delayed payment of compensation from date of Award till actual payment....

The Petitioners, Hatim Fidaali Rajkotwala and Anr., filed two Writ Petitions under Article 226 of the Constitution of India before the Bombay High Court seeking directions to the Land Acquisition Offi...

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Bombay High Court Allows Petition Challenging Conditions in Deemed Conveyance Certificate for Cooperative Housing Society. Conditions requiring payment of additional premium and submission of no-objection certificate from developer held ultra vires the Maharashtra Ownership of Flats Act, 1963....

The petitioner, Royal Accord Avenue Co-operative Housing Society Ltd., challenged two specific conditions in an order/certificate granting Deemed Conveyance issued by the District Deputy Registrar, Co...

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