Bombay High Court

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Bombay High Court Allows Pensionary Benefits to Retired Employee Despite Upholding Removal Order Due to Delay. Petitioner's challenge to removal dismissed as barred by laches, but court directs payment of pension and gratuity as per rules....

The petitioner, Chandrashekhar s/o Devidas Deshmukh, a retired Tax Collector from Amravati Municipal Corporation, filed a writ petition challenging an enquiry report and removal order dated 22/05/2007...

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Bombay High Court Quashes Education Officer's Order Denying Approval to Teacher's Appointment for Non-Application of Mind. Nine years of unblemished service cannot be obliterated by a two-page letter ignoring all relevant documents....

The case involves a petition filed by Priyanka Santosh Hegishte (1st Petitioner), a teacher, and Devrukh Shikshan Prasarak Mandal (2nd Petitioner), an educational trust running a fully-aided school in...

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Bombay High Court Dismisses University's Petition Challenging Tribunal Order Setting Aside Retirement of Professor-Cum-Director at Age 60. Retirement Age of Director Held to Be 65 Years Under Maharashtra Universities Act, 1994 and University Ordinances, Not Subject to Reduction by Management Council Resolution....

The University of Mumbai filed a writ petition challenging the order dated 20.09.2019 passed by the Mumbai University and College Tribunal in Appeal No. 4 of 2019. The Tribunal had set aside the Unive...

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Bombay High Court Dismisses Application to Condone 1503-Day Delay in Restoration of Suit — Lack of Sufficient Cause for Inordinate Delay. Condonation of Delay Denied as Plaintiff Failed to Explain Delay of Over Four Years in Seeking Restoration of Suit Dismissed for Want of Prosecution....

The plaintiff, Metal Rolling Works Ltd., filed an interim application under Section 5 of the Limitation Act, 1963, seeking condonation of a 1503-day delay in filing an application to set aside the ord...

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Bombay High Court Quashes Modified Supplementary Award Reducing Compensation Without Hearing Landowners in National Highway Acquisition. Original Section 3G Award Restored and NHAI Directed to Deposit Deficit Amount of Rs.21,21,649/-....

The petitioners, owners of land admeasuring 4 acres in Gat No.37/1/2 at Village Valsang, Taluka South Solapur, District Solapur, challenged the Modified Supplementary Award dated 25th March 2021 passe...

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Bombay High Court Quashes Modified Supplementary Award in National Highway Acquisition Case — Restores Original Award Due to Lack of Notice and Violation of Natural Justice. Competent Authority Cannot Unilaterally Reduce Compensation Without Hearing Landowners Under National Highways Act, 1956....

The petitioners, Sangeeta Natwarlal Karwa and Natwarlal Navneetlal Karwa, owned 4 acres of land in Gat No.37/1/2 at Valsang, Solapur. For the purpose of national highway construction, the Competent Au...

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Bombay High Court Examines Legality of Deletion of 58 Members from Voters List of Cooperative Society Without Prior Notice. Court Considers Whether Mandatory Landholding Requirement Under Model Bye-Laws and 97th Constitutional Amendment Overrides Need for Formal Membership Cancellation Procedure....

The matter arose from a writ petition before the High Court of Judicature at Bombay, Bench at Aurangabad, filed by Santosh Thorbole, a member of Vividh Karyakari Seva Sahakari Sanstha Maryadit Satra, ...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 — No Ground to Set Aside Sale After Certificate Issued and No Appeal Filed....

The petitioners, Si2 Microsystems Pvt. Ltd. and its director Sanjay Vedaprakash Soni, availed a cash credit facility of Rs. 10 crores and a term loan from Bank of Baroda. Upon default, the Debt Recove...

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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993...

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan facilities from HDFC Bank Ltd. The bank filed Original...

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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim Despite No Amendment in Claim Petition. Tribunal's Power to Award Just Compensation Not Restricted by Claim Amount Under Motor Vehicles Act, 1988....

The appellants, claimants in a motor accident claim, filed an appeal before the Bombay High Court seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal. The Tribunal had ob...