Bombay High Court

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Bombay High Court Dismisses Petition of Dismissed Bank Officer Seeking Gratuity — Forfeiture Upheld Under Payment of Gratuity Act, 1972 for Misconduct Causing Financial Loss. The court held that forfeiture of gratuity under Section 4(6) of the Payment of Gratuity Act, 1972 is valid when dismissal is for misconduct causing financial loss to the employer....

The petitioner, Kishanrao Vithalrao Bagale, was a dismissed officer employee of Bank of Baroda. He filed a writ petition seeking a direction to the bank to release his admissible gratuity. Disciplinar...

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Bombay High Court Allows Petition Seeking Compensation for Excess Land Acquired Under National Highways Act, 1956. Re-measurement by Deputy Director of Land Records Revealed Additional Acquisition of 752 sq. mtrs., Court Directs Payment Within Three Months....

The petitioner, Syed Azizuddin Hyder, owned 53 R of land in Gat No.109 at Chitte Pimpalgaon, Aurangabad. The respondents acquired 940 sq. mtrs. of this land under the National Highways Act, 1956. The ...

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High Court of Bombay at Goa Examines Appeal Against Acquittal in Cheque Dishonour Case Under Section 138 of Negotiable Instruments Act, 1881. Presumption Under Section 139 Not Rebutted by Mere Denial or Failure to Examine Accused; Appellate Court May Interfere Only on Perverse Findings....

The appeal before the High Court of Bombay at Goa arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881. The appellant, as original complainant, challenged the order of the ...

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Bombay High Court Acquits Appellants in Murder Case Due to Lack of Evidence and Unreliable Circumstantial Links. Conviction under Sections 302, 364, 201 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellants, Amol Ambadas Bankar and Amol Bhagwan Shende, were convicted by the Additional Sessions Judge, Malshiras, in Sessions Case No. 22 of 2010 for the kidnapping and murder of Shahaji Sadhu ...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Furnishing of Vital Documents. Failure to provide injury certificates of all injured persons in a solitary incident vitiates subjective satisfaction of detaining authority....

The petitioner, Monty Bahadur Karotiya, challenged his detention order dated 02.02.2022 passed by the Commissioner of Police, Thane City under Section 3(2) of the Maharashtra Prevention of Dangerous A...

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High Court of Bombay at Aurangabad Dismisses Writ Petition Challenging Rejection of Nomination Papers for Municipal Council Elections. Candidates Failed to Produce Required Documents Under Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and Rules Thereunder....

The petitioners, ten individuals, filed nomination papers for election to the Municipal Council, Dharur, District Beed. The last date for filing nominations was 18-10-2022, and scrutiny was scheduled ...

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Bombay High Court Allows Petition in Partition Suit — Remands for Framing of Limitation Issue. Order 41 Rule 25 CPC empowers appellate court to frame additional issue when trial court fails to frame issue on limitation despite plea raised in written statement....

The petitioner, Latif Karim Sahab Shaikh, filed a writ petition challenging the order dated 09.06.2022 passed by the Adhoc District Judge-2, Bhoom, rejecting his application at Exh.23 in R.C.A. No. 63...

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Bombay High Court Examines Challenge to Orders Declaring Sale Deeds Void Under Maharashtra Money Lending (Regulation) Act, 2014. Court Considers Maintainability of Writ Petition Despite Alternate Remedy Under Section 9, Where Civil Court Had Already Held Transaction Was Sale Not Mortgage by Conditional Sale....

The judgment provided is from the High Court of Judicature at Bombay, Bench at Aurangabad, in Writ Petition No. 6581 of 2022, decided by a single judge. The dispute involved two sale deeds executed on...