Bombay High Court

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses First Appellate Court's Dismissal on Limitation and Order II Rule 2 CPC. Time was not of essence of contract and suit was not barred by limitation or res judicata....

The appellants, original plaintiffs, filed Special Civil Suit No. 51 of 1989 for specific performance of an agreement to sell immovable property against the respondents. The trial court decreed the su...

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Bombay High Court Quashes Cancellation of Bail by Same Court - Sessions Court Cannot Cancel Its Own Bail Order Under Section 439(2) CrPC. The court held that the Additional Sessions Judge lacked jurisdiction to cancel its own bail order, as only a higher court can exercise such power....

The petitioner, Ravindra s/o Mansingh Jadhav, was granted bail by the Additional Sessions Judge, Aurangabad on 10.06.2022 in Criminal Bail Application No.967 of 2022. Subsequently, the same court pass...

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Bombay High Court Allows Writ Petition of Assistant Teacher Against Rejection of Approval by Education Officer. Minority Institution's Appointment of Petitioner Held Exempt from Ban on Recruitment Under Section 3(2) of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The petitioner, Shaikh Aaquib Faraz, was appointed as an Assistant Teacher by Respondent No. 2, Al-Frooq Taleemi Society Udgir, a minority educational institution. The Education Officer (Primary), Zil...

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Bombay High Court Allows Framing of Additional Issue on Agriculturist Status in Suit for Declaration of Ownership Based on Conditional Sale Deed. Court holds that issue of plaintiff being an agriculturist is relevant for determining applicability of Bombay Money Lenders Act, 1946 and must be framed under Order 14 Rule 5 CPC....

The petitioner, original defendant in a civil suit, challenged the trial court's order rejecting his applications for framing an additional issue and for production of documents. The respondent-plaint...

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Bombay High Court Upholds Compulsory Retirement of CISF Head Constable for Misconduct and Unauthorized Absence. Disciplinary Authority's Discretion in Imposing Penalty Not Interfered With as Charges of Absence Without Leave and Misbehavior Were Proven....

The petitioner, Pralhad Bhaurao Thale, joined the Central Industrial Security Force (CISF) in 1993 as a Head Constable. In 2013, he was placed under suspension and disciplinary proceedings were initia...

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Bombay High Court Allows Compassionate Appointment for Zilla Parishad Employee Paid from Self-Generated Funds. Permanent employee on Zilla Parishad establishment, irrespective of salary source, is eligible under the compassionate appointment scheme adopted by the State Government....

The judgment pertains to two writ petitions filed by Amol Sahebrao Suryawanshi and Avinash Badrinath Borude against the State of Maharashtra and Zilla Parishad, Aurangabad. The petitioners sought comp...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due....

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable Instruments Act, 1881. The complainant, M/s Sai Aut...

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High Court of Bombay Upholds Employer's Forfeiture of Gratuity for Employee Convicted of Theft Involving Moral Turpitude. Theft by Bank Employee Constitutes Moral Turpitude Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972, Justifying Forfeiture of Gratuity....

The petitioners, officials of the Bank of Maharashtra, challenged the order of the Appellate Authority under the Payment of Gratuity Act, 1972, which set aside the employer's decision to forfeit the g...