Bombay High Court

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Confirmation. Detenu's Preventive Detention Set Aside as Authorities Failed to Consider Relevant Material and Confirmatory Order Was Passed Without Independent Application of Mind....

The petitioner, Ashokrao Uttamrao Pawar, father of the detenu Umesh @ Bunty s/o Ashok Pawar, filed a Criminal Writ Petition challenging the detention order dated 08.06.2022 passed by the Commissioner ...

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Bombay High Court Allows Writ Petitions Against GST Appellate Orders Due to Non-Constitution of Tribunal. Failure to Constitute Appellate Tribunal Under Section 112 of MGST Act Renders Alternative Remedy Ineffective, Entitling Assessees to Direct Writ Jurisdiction Under Article 226....

The petitioners, Gulf Oil Lubricants India Ltd. and Dinesh Engineers Limited along with Dinesh K. Kargal, filed writ petitions under Article 226 of the Constitution of India before the Bombay High Cou...

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Bombay High Court Allows Appeals Against Remand Order in Suit for Possession and Mesne Profits — District Judge Exceeded Revisional Jurisdiction by Suo Motu Raising Valuation Issue Without Pleading or Prejudice....

The appellants, as plaintiffs, filed suits before the Civil Judge Junior Division, Nashik, seeking possession of suit property and compensation/mesne profits, claiming the property was ancestral and t...

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Bombay High Court Dismisses Appeal Against Acquittal in Murder Case Based on Circumstantial Evidence. Brother of Deceased Failed to Show Perversity in Trial Court's Finding that Prosecution Did Not Complete Chain of Circumstances Under Section 302 IPC....

The appellant, Rambhau Tatya Tambe, the brother of the deceased Ashabai, filed a criminal appeal under Section 372 of the Code of Criminal Procedure, 1973 (CrPC) challenging the acquittal of responden...

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Bombay High Court Allows Writ Petition Challenging Education Officer's Refusal to Approve Reinstatement of Headmaster Who Voluntarily Retired. Court Holds That Education Officer Has No Jurisdiction to Refuse Approval for Reinstatement When Management Voluntarily Reinstates an Employee Who Had Resigned Voluntarily....

The petitioner, Mohammed Mussaviruddin Mohammed Naziruddin, was a headmaster at Dr. Zakir Hussain High School, Sailu, run by respondent No.3, Parbhani Education Society. He submitted a voluntary retir...

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Bombay High Court Allows Writ Petition Challenging TDS Deduction on Interest Component of Motor Accident Compensation. Interest on compensation under Motor Vehicles Act is not 'income' and TDS cannot be deducted under Income Tax Act....

The petitioner, Balkrishna Mhaske, through his wife Latabai, filed a writ petition challenging the deduction of Tax at Source (TDS) on the interest component of compensation awarded under the Motor Ve...

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Bombay High Court Quashes Recovery Order Against Retired RPF Sub-Inspector for Excess Increment Payment Without Show Cause Notice. Recovery of Rs.2,41,519 from Gratuity and Refixation of Basic Pay from Rs.52,000 to Rs.50,500 Set Aside as Violative of Natural Justice and Principles Against Recovery from Retired Employees....

The petitioner, Biswadip Bose, a retired Sub-Inspector of the Railway Protection Force, challenged an order dated 24.11.2021 passed by the respondents (Union of India and Senior Divisional Security Co...

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Bombay High Court Allows Writ Petition for Redetermination of Compensation Under Section 28-A of Land Acquisition Act, 1894 — Quashes Award Denying Enhanced Compensation for Orange Trees. Petitioners entitled to compensation at enhanced rate of Rs.2565 per orange tree as per earlier Reference Court award, with interest at 15% per annum from date of application....

The petitioners, sons of the deceased original owner Annaji Raybhan Dabrase, owned agricultural land Survey No. 23/2 with 541 orange trees. The land was acquired by the Deputy Collector (Land Acquisit...

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Bombay High Court Dismisses Revision by Electricity Company Against Rejection of Plaint — Civil Court Jurisdiction Not Barred Under Section 145 of Electricity Act, 2003. Disputed Questions of Fact Regarding Theft of Electricity Cannot Be Decided Summarily, and Plaint Cannot Be Rejected Under Order VII Rule 11 CPC....

The present Civil Revision Application was filed by the Maharashtra State Electricity Parashan Company Limited (MSEDCL) against an order of the learned Joint Civil Judge Junior Division, Nagpur, rejec...