Bombay High Court

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Bombay High Court Allows Application for Appointment of Arbitrator in Construction Dispute Due to Invalid Unilateral Appointment Clause. Clause 56 of the agreement providing for appointment of arbitrator by the Architect, an employee of the respondent, is invalid under Section 12(5) read with Schedule 7 of the Arbitration and Conciliation Act, 1996....

The applicant, M/s. Kay Vee Enterprises, a construction company, entered into a contract with the respondent, Shri Guru Gobind Singhji Institute of Engineering & Technology, for construction work. Dis...

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Bombay High Court Upholds Industrial Court Order Directing Regularisation of Pump Operator Post for Employee Working on Ad-hoc Basis for Extended Period. Municipal Council Cannot Deny Regular Pay Scale to Employee Discharging Duties of Higher Post for Over Four Years Without Sanctioned Post....

The petitioner, Municipal Council, Jalna, challenged the judgment and order dated 04.08.2014 passed by the Member, Industrial Court, Jalna, partly allowing the respondent's Complaint (ULP) No.57 of 20...

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Bombay High Court Dismisses MSRTC's Petition Challenging Reinstatement of Employee Dismissed for Corruption. Non-examination of Complainant in Domestic Enquiry Vitiated the Enquiry, Making Dismissal Disproportionate Under Industrial Law....

The respondent, Ravindra Adhar Gosavi, joined the Maharashtra State Road Transport Corporation (MSRTC) as a driver in 1990 and was later promoted to Assistant Traffic Inspector. On 27.10.2014, he was ...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Invalid Delegation of Powers. Delegation Order Under Section 3(2) Must Record Satisfaction Based on Material and Reasons; Absence Renders Delegation and Subsequent Detention Orders Invalid....

The petitioner, Alakshit Rajesh Ambade, challenged the legality of a preventive detention order dated 02.07.2022 passed by the Commissioner of Police, Nagpur (respondent no. 2) under Section 3 of the ...

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Bombay High Court Allows Habeas Corpus Petition for Detenu Under COFEPOSA — Detention Order Quashed for Non-Compliance with Section 3(1) and Procedural Violations. Failure to Supply Relevant Documents and Consider Representation Renders Preventive Detention Invalid....

The petitioner, Valy D'Costa, filed a habeas corpus petition challenging his detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFE...

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Bombay High Court Acquits Appellant in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Sections 4, 6, 8, 12 of POCSO Act and Section 376(2)(i) IPC set aside as victim's evidence was unreliable and medical evidence did not support sexual assault....

The appellant, Mahadeo @ Nana Gundiba Khandale, was convicted by the Additional Sessions Judge, Baramati in Special (POCSO) Case No.8/2015 for offences under the Protection of Children from Sexual Off...

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Bombay High Court Acquits Husband in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC set aside as dying declarations were contradictory and not corroborated by medical evidence....

The appellant, Sandip Prakash Rathod, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Kavita, by setting her on fire. The prosecution alleged that on 17 September ...

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Bombay High Court Quashes FIR Against Applicant in Section 153-A IPC Case — Abusive Facebook Comments Not Constituting Promotion of Enmity Between Groups. Allegations of Filthy and Abusive Language Against a Political Leader Do Not Satisfy Ingredients of Section 153-A IPC as They Are Not Directed at Any Religious, Racial, or Community Group....

The applicant, Suraj Arvind Thakare, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of an FIR registered against him by Police Station Rajura, ...

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Bombay High Court Quashes Orders of Land Acquisition Authority Setting Aside Reference Orders as Ex-parte. Acquiring Body's Appearance and Filing of Written Statement and Evidence Rendered Reference Orders Not Ex-parte, Contravening Order IX Rule 13 CPC....

The High Court of Judicature at Bombay, Nagpur Bench, heard a batch of eleven writ petitions filed by landowners whose agricultural lands were acquired for the Wardha to Nanded Rail Project under the ...