Bombay High Court

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Bombay High Court Quashes Reservation Notification for Sarpanch Posts Exceeding 50% Limit in Nagpur District. Reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes in Gram Panchayat Sarpanch Elections Cannot Exceed 50% of Total Posts as per Section 30(4)(a) of Maharashtra Village Panchayats Act, 1959....

The petitioner, Gunwanta s/o Pundlik Kale, was elected Sarpanch of Gram Panchayat Jalalkheda in September 2018 for a five-year term. On 5 March 2020, the Rural Development Department issued a notifica...

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Bombay High Court Dismisses Petition by Employer Challenging Gratuity Order — Transfer with Lien Does Not Break Continuous Service Under Payment of Gratuity Act, 1972. Employer Liable to Pay Gratuity Based on Higher Pay Scale of Parent Organization....

The petitioner, The Maharashtra State Co-Operative Adivashi Vikas Mahamandal Maryadit, challenged the judgment and order dated 25/11/2019 passed by the Controlling Authority under the Payment of Gratu...

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Bombay High Court Dismisses Employer's Petition Challenging Gratuity Order — Employer Held Liable for Full Gratuity Despite Employee's Transfer to Another Corporation. Lien Maintained with Original Employer During Transfer, Making It the 'Employer' Under Section 2(f) of Payment of Gratuity Act, 1972....

The Petitioner, Maharashtra State Co-Operative Adivashi Vikas Mahamandal Maryadit, challenged the judgment and order dated 25/11/2019 passed by the Controlling Authority under the Payment of Gratuity ...

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Bombay High Court Allows Writ Petition Challenging Demolition Notice for Non-Development of Land Reserved for Garden in Development Plan. Held that reservation for garden does not automatically lapse upon non-development within 10 years; however, failure to acquire land within reasonable time renders reservation invalid and owner entitled to compensation or release....

The petitioners, Runwal Township Pvt. Ltd. and its director Kishorkumar Jain, owned land in Mumbai that was reserved for a garden in the Development Plan. The Municipal Corporation of Greater Mumbai (...

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Bombay High Court Allows Writ Petition Challenging Demolition Notice for Non-Development of Land Reserved for Garden in Development Plan. Reservation of land for public purpose does not automatically lapse upon non-development within plan period; landowner must be given opportunity to develop or be compensated under Section 127 of MRTP Act, 1966....

The petitioners, Runwal Township Pvt. Ltd. and its director Kishorkumar Jain, owned land in Mumbai that was reserved for a garden in the Development Plan. The Municipal Corporation of Greater Mumbai (...

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Bombay High Court Dismisses Tenants' Challenge to MHADA Acquisition of Cessed Buildings for Redevelopment. Tenants Lack Locus Standi to Challenge Acquisition and Tender Process Under Maharashtra Housing and Area Development Act, 1976....

The petitioners, tenants of Dattatraya Buildings in Mumbai, filed writ petitions challenging the acquisition of the buildings by the Maharashtra Housing and Area Development Authority (MHADA) under th...

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Bombay High Court Allows Employer's Petition in Gratuity Calculation Dispute — Service Rules Cap on Maximum Gratuity Upheld Over Payment of Gratuity Act. Employer's restriction of gratuity to 8 years in second spell due to combined service exceeding 20-month cap under Rule 84 of Service Rules was valid and not violative of Section 4 of Payment of Gratuity Act, 1972....

The petitioner, The Maharashtra State Co-Operative Adivashi Vikas Mahamandal Maryadit, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Circumstantial Evidence. Conviction under Sections 302 and 201 of Indian Penal Code, 1860 set aside as prosecution failed to prove chain of circumstances beyond reasonable doubt....

The appellant, Ashok Vilas Bargal, was convicted by the Additional Sessions Judge, Newasa, for the murder of Seema, wife of Sanjay Sitaram Jadhav, under Sections 302 and 201 of the Indian Penal Code, ...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Doubt Over Cause of Death. Conviction under Section 302 IPC Set Aside as Medical Evidence Did Not Establish Hammer Blow as Cause of Death, and Eye Witness Testimony Was Contradictory....

The appellant, Satish Suresh Shrisundar, was convicted by the Additional Sessions Judge, Aurangabad, in Sessions Case No.200/2014 on 29.12.2016 for offences punishable under Sections 302 and 323 of th...