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High Court of Judicature at Bombay Hears Writ Petitions Challenging Attachment Order over SARFAESI Secured Asset — Final Verdict Not Mentioned in Provided Text. Petitions sought quashing of Assistant Commissioner of State Tax's attachment dated 22 April 2022 and direction to cooperative society to issue no-objection certificate relying on Section 26E of SARFAESI Act, 2002 priority....

The matter comprised two writ petitions heard together by the Bombay High Court. The first petition, WPL (L) No. 20484 of 2022, was filed by Punjab National Bank seeking a writ of certiorari to quash ...

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  • 57
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Bombay High Court Allows Family Court Appeal in Part, Sets Aside Decree of Divorce on Ground of Cruelty Under Hindu Marriage Act, 1955 — Remands Maintenance Issue for Fresh Adjudication. The court held that the Family Court failed to properly appreciate evidence of cruelty and ought to have decided maintenance along with divorce....

The appellant (wife) filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, along with a claim for maintenance of Rs.80,000 per month for herself and her son. The Family...

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  • 77
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Bombay High Court Upholds Divorce Decree on Ground of Cruelty in Hindu Marriage Act Case. Husband's Appeal Dismissed as Court Finds Sufficient Evidence of Mental Cruelty and Failure to Return Streedhan....

The case involves an appeal by the husband against a Family Court decree dissolving his marriage on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and directing him to ...

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Bombay High Court Allows Writ Petitions for Enhanced Compensation and Apportionment in Land Acquisition Matter. Petitioner, as legal heir, entitled to enhanced compensation under Sections 26-30 of Land Acquisition Act, 1894 read with Section 24(1)(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013....

The petitioner, Faizal Ismail Sutar, filed two writ petitions under Article 226 of the Constitution of India before the Bombay High Court. In Writ Petition No.15511 of 2022, he sought a writ of mandam...

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  • 107
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Bombay High Court Upholds School Tribunal's Jurisdiction Over D.Ed. College Teacher's Appeal Under MEPS Act — D.Ed. College is a 'School' Under Section 2(24) of the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977, and the School Tribunal Has Jurisdiction Under Section 9 to Entertain Appeals from Teachers of Such Colleges....

The case involves a dispute between Hashmiya Bahrul Faiz Social Welfare Association (the Petitioner), which runs a D.Ed. College for girls in Solapur, and Abdullah M. Shukur Qureshi (Respondent No.1),...

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Bombay High Court Acquits Accused in POCSO and Rape Case Due to Inconsistent Victim Testimony and Lack of Corroboration. Conviction under Section 3/4 of POCSO Act and Section 376 IPC set aside as prosecution failed to prove penetrative sexual assault beyond reasonable doubt....

The appellant, Kishor Shankar Palve, was convicted by the Special Court and Additional Sessions Judge, Ahmednagar, for offences under Section 3 punishable under Section 4 of the Protection of Children...

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Bombay High Court Dismisses Petitioners' Challenge to Land Acquisition for Road Construction Due to Delay and Laches. Petitioners' claim of non-compliance with Section 126(4) MRTP Act fails as award was passed under Land Acquisition Act and possession taken long ago....

The petitioners, owners of land in Latur, challenged the acquisition of their land by the Municipal Council for construction of a development plan road from Saligalli to Sidheshwar temple. The land wa...

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  • 69
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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind to Bail Grant. Failure to Consider Petitioner's Release on Bail in Sessions Case No.79/2022 Rendered Detention Order Invalid....

The petitioner, Vijay Baburao Avhad, challenged the detention order dated 19.05.2022 passed by the District Magistrate, Ahmednagar under Section 3(2) of the Maharashtra Prevention of Dangerous Activit...

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  • 58
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Bombay High Court Allows Compassionate Pension Claim of Removed Teacher Under Rule 101 of Maharashtra Civil Services (Pension) Rules, 1982. Distinction Between Removal and Dismissal Determines Eligibility for Compassionate Pension....

The petitioner, Nalini Shende, was appointed as a temporary teacher at Smt. Jankidevi Jaiswal Prathmik Vidyalaya, Nagpur, and was granted permanency from 1 July 1996. She was dismissed from service on...

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Bombay High Court Allows Writ Petition for Pension of Retired Teacher Despite Untrained Status. Petitioner served 34 years as Hindi teacher with approved service and was denied pension solely on ground of not acquiring trained teacher qualification....

The petitioner, Shri Jamaloddin S/o. Nasiroddin Shaikh, was appointed as a Hindi Teacher at Maulana Abdul Kalam Azad Urdu High School, Asegaon, and his service was approved by the Education Officer on...

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