Bombay High Court

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Bombay High Court Quashes University Communication Removing Professor as Head of Department for English. Communication Issued Without Following Principles of Natural Justice and Without Providing Opportunity of Hearing Held Invalid....

The petitioner, Dr. Geeta Mallikarjun Patil, was a Professor in the Department of English at Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. She was also serving as the Head of the Departmen...

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Bombay High Court Dismisses Petition Challenging Auction Sale Orders in Arbitration Execution Proceedings — No Jurisdictional Error Found in Orders for Proclamation of Sale and Approval of Draft Proclamation Under Order 21 Rule 66 CPC....

The petitioners, Mahesh Rambhau Patil and others, filed a writ petition under Article 227 of the Constitution of India challenging two orders passed by the executing court in ARD No.284 of 2019. The f...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Condonation of Delay in Service Termination Appeal. Delay of 10 months in filing appeal under Section 81 of Maharashtra Public Universities Act, 2016 not sufficiently explained; Tribunal's refusal to condone delay upheld....

The petitioner, Sayyad Rizwan Sayyad Kasam, was appointed as a Peon in 2011 at Maulana Azad College of Arts, Science and Commerce, Aurangabad, and was a permanent employee. He claimed that on 19.12.20...

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Bombay High Court Dismisses Petition of Bus Driver Challenging Dismissal for Unauthorized Absenteeism. Concurrent Findings of Labour Court and Industrial Court That Enquiry Was Fair and Punishment Proportionate Upheld Under Article 227....

The petitioner, Nijam Mohamad Mulani, was employed as a bus driver with the Pune Mahanagar Pariwahan Mahamandal Ltd. from 30 November 1991. On 19 April 2008, a chargesheet was issued to him for unauth...

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Bombay High Court Allows Appeal in Railway Accident Claim Case Due to Failure to Consider Evidence and Applicable Legal Principles. The Court held that the Tribunal erred in dismissing the claim for compensation under Section 124A of the Railways Act, 1989, as the evidence suggested the deceased was a bonafide passenger and the incident was an untoward incident....

The appeal was filed by the parents of Pradip Krishnarao Kale, who died on 30th March 2003 while travelling by Sevagram Express from Dadar to Nagpur. The appellants claimed that their son accidentally...

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Bombay High Court Allows Appeal of Dependents in Railway Accident Case — Deemed Untoward Incident Under Section 124-A of Railways Act, 1989. Deceased's attempt to board a moving train held to be an untoward incident, not self-inflicted injury, entitling dependents to compensation....

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, dismissing the claim of the dependents of Deepak Nattuji Thakre, who died after falling from a train. The appellants, being th...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Entitled to Compensation Under Section 124A of Railways Act, 1989. Death of a person found on railway tracks with severe injuries is an untoward incident, and the Railway failed to rebut the presumption of bona fide passenger status....

The appellants, the widow and sons of the deceased Rangnath Dattarao Gaikwad, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for his death. The deceased was found dead ...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Dependents of Deceased Granted Compensation for Untoward Incident. Death of a passenger at railway station while waiting to receive his son is an 'untoward incident' under Section 124A of the Railways Act, 1989, and the burden of proving exception lies on the Railways....

The appellants, dependents of the deceased Pruthviraj Gajbhiye, filed an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, against the judgment and order dated 21st December, 2020, pas...

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Bombay High Court Allows Writ Petition for Project Affected Certificate and Compassionate Employment Under Maharashtra Project Affected Persons Rehabilitation Act, 1999. Collector Directed to Issue Certificate and Power Company to Consider Compassionate Appointment....

The petitioner, Hanuman Ramaji Chikankar, filed a writ petition before the Bombay High Court at Nagpur seeking quashing of the order dated 30/07/2020 passed by respondent No.2-Collector, Nagpur, refus...

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Bombay High Court Quashes Recovery Certificate Against Guarantor in Cooperative Bank Loan Fraud Case — Violation of Natural Justice. Failure to Provide Documents and Pass Reasoned Order Renders Recovery Proceedings Invalid Under Maharashtra Cooperative Societies Act, 1960....

The petitioner, Tarulata Amritlal Bava, filed a writ petition under Articles 226 and 227 of the Constitution challenging a Recovery Certificate dated 25 September 2018 issued by the Deputy Registrar, ...