Bombay High Court

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Bombay High Court Allows Management's Petition in School Teacher Termination Case — Tribunal's Order Set Aside for Non-Compliance with Limitation Rules. Appeal Dismissed as Filed Beyond 30-Day Limit Without Condonation Application Under Rule 36(2) of M.E.P.S. Rules, 1981....

The petitioners, Lady Yashodabai Joshi Ladies Club (a registered Public Trust) and the Head Master of Golden Kids English High School (collectively 'the management'), challenged the judgment and order...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Employee in School Termination Case. Non-Compliance with Mandatory Procedure under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 Renders Termination Illegal....

The petitioners, Lady Yashodabai Joshi Ladies Club (a registered Public Trust) and the Head Master of Golden Kids English High School (collectively referred to as 'the management'), challenged the jud...

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Bombay High Court Allows Landlord's Appeal in Part, Holds Revision Under Section 34(4) of Maharashtra Rent Control Act, 1999 Maintainable Against Order Under Section 29(2). The court ruled that an order dismissing a tenant's application for restoration of electricity supply is a 'decree' under the Act, making revision maintainable....

The appellant, Nirmal Ujwal Credit Co-operative Society Limited, is the owner of premises occupied by respondent No.1, Narendra Mohanlal Choudhary, as a tenant. The tenant initiated proceedings under ...

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Bombay High Court Allows Remission to Convict in Rape Case Based on Government Resolution Dated 03/06/2017 — Opinion of Trial Court Not Binding Under Section 432(2) Cr.P.C....

The petitioner, Gourav Narendra Singh, a convict undergoing rigorous imprisonment for 10 years under Section 376 IPC and 1 year under Section 506 IPC, filed a criminal writ petition before the Bombay ...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim Case — Reduces Compensation for Injured Claimant Due to Contributory Negligence and Lack of Income Proof. The court held that the claimant failed to prove his income and that the accident occurred due to his own negligence, reducing the award from Rs. 5,00,000 to Rs. 1,00,000....

The case arises from a motor accident claim filed by the respondent-claimant, Allabaksh Immamsab Shaikh, who was a pillion rider on a motorcycle that collided with a Verna car bearing registration no....

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High Court of Bombay at Goa Partly Allows Appeal Against Enhanced Land Acquisition Compensation Due to Reliance on Post-Notification Sale Deeds. Reference Court's Award of ₹8,000 per sq.m Based on Developed Plot Sale Deeds Required at Least 30% Deduction for Garden Land and Post-Notification Inflation Under Section 4 of Land Acquisition Act, 1894....

The appeal arose from a land acquisition reference in Goa. The appellant, Ponda Municipal Council, challenged the judgment and award dated 7 December 2015 passed by the District Judge-2, Panaji sittin...

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Bombay High Court Quashes Divisional Commissioner's Order Declaring Group Leader of BJP Municipal Party for Lack of Jurisdiction. Commissioner Cannot Decide Group Leadership Under Maharashtra Local Authority Members' Disqualification Act, 1986 as Power is Limited to Disqualification of Members....

The petitioner, Bhagatram Ravalmal Balani, was elected as a councillor of the Jalgaon Municipal Corporation in 2018 on a BJP ticket. After the election, the 57 BJP councillors elected the petitioner a...

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Bombay High Court Dismisses Certificate Debtors' Challenge to Auction Sale Under SARFAESI Act — Sale Confirmed and Possession Delivered. Court Held That Remedy Under Section 17 of SARFAESI Act Is Not Available After Sale Certificate Is Issued....

The petitioners, original certificate debtors, challenged the auction sale of their property conducted by Punjab National Bank under the Securitisation and Reconstruction of Financial Assets and Enfor...

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Bombay High Court Allows Anticipatory Bail in SC/ST Act Case Due to Lack of Prima Facie Caste-Based Intent. Property Dispute Leading to Assault and Abuse Does Not Attract Atrocities Act Without Specific Intent to Insult on Caste Grounds....

The appellants, Vinod Thakare, Varsha Thakare, and Aakash Thakare, filed an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) chal...

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Bombay High Court Acquits Appellant in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376(2)(i) IPC and Sections 4 and 10 of POCSO Act set aside as victim's testimony was unreliable and medical evidence did not support sexual assault....

The appellant, Vitthal Rajendra Jogade, was convicted by the Special Judge, Solapur, under Section 376(2)(i) of the Indian Penal Code (IPC) and Sections 4 and 10 of the Protection of Children from Sex...