Bombay High Court

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High Court Allows Compassionate Appointment Substitution Despite Age Limit and Quashes Rejection Order. Substitution Permitted When Original Applicant Crosses Age Limit of 45 Years Under Government Resolution Dated 21.09.2017, as Judicial Interpretation Has Retrospective Effect and Authorities Cannot Adopt Dilatory Tactics....

The dispute involved a writ petition filed by a widow and her son seeking compassionate appointment following the death of the husband/father who was a Gramsevak. The widow had applied for compassiona...

High Court

High Court Dismisses Employer's Writ Petition Against Death Compensation Order Under Merchant Shipping Rules. Jurisdiction of Seamen's Employment Office Upheld as 'Seaman' Definition Includes 'Master' Under Section 3(42) of Merchant Shipping Act, 1958 and Alternate Remedy Under Rule 19 of Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2016 Does Not Bar Writ for Jurisdictional Errors....

The case involved a writ petition filed by Petitioner challenging an order dated 28 July 2017 by the Principal Officer (first Appellate Authority) directing it to pay death compensation to Respondent ...

High Court

High Court of Judicature at Bombay Dismisses Application Seeking Dismissal of Election Petition in Representation of People Act, 1951 Case Due to Disclosure of Cause of Action. Allegations of Non-Disclosure of Criminal Cases and Assets Under Section 33A and Rule 4A Require Trial on Merits as Petition Pleads Statutory Grounds Under Sections 100 and 123(2)....

The High Court of Judicature at Bombay heard an application under Order VII Rule 11(a) and (d) of the Code of Civil Procedure, 1908, seeking dismissal of an election petition. The election petition ch...

High Court

High Court of Bombay Asserts Jurisdiction in Writ Petition Against Income Tax Demands Post-Transfer of Jurisdiction. Court Holds That Cause of Action Arose in Part Within Its Territory Due to Amalgamation and Transfer Under Section 127 of Income Tax Act, 1961, Directing Production of Underlying Orders and Staying Recovery....

The dispute involved a writ petition filed by Petitioner under Article 226 of the Constitution of India, challenging outstanding income tax demands totaling approximately Rs. 33.4 lakhs for assessment...

High Court

High Court Quashes Criminal Prosecution in Drugs & Cosmetics Act Case Due to Procedural Violations and Non-Compliance with Statutory Mandates. Prosecution was invalidated because of inordinate delay in sample testing, failure to dispatch sample portion to manufacturer depriving retesting right, and improper cognizance by Special Judge without committal under Section 193 CrPC, under Section 27(d) of Drugs & Cosmetics Act, 1940....

The High Court of Judicature at Bombay, in its criminal appellate jurisdiction, adjudicated a writ petition under Article 227 of the Constitution of India filed by a partnership firm and its partners ...

High Court

High Court Allows Writ Petitions by Bank and Auction Purchaser, Quashing DRT Order Setting Aside Auction Sale. DRT Exceeded Jurisdiction by Granting Final Relief in Interim Application Under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Despite Valid Auction Compliance with Rules....

The dispute arose from an order passed by the Debt Recovery Tribunal-III, Mumbai (DRT) setting aside an auction sale conducted by HDFC Bank Limited and directing fresh steps, in an interim application...

High Court

High Court of Bombay Quashes Compulsory Retirement Order and Remands for Fresh Inquiry in Sexual Harassment Dispute. The court held that imposing major penalty under Section 13(3)(i) of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 requires separate inquiry under Central Civil Services (Classification, Control and Appeal) Rules, 1965, as applicable to IIT Bombay employees, beyond Internal Complaints Committee proceedings....

The High Court of Bombay adjudicated a writ petition filed by a professor at IIT Bombay challenging his compulsory retirement order based on sexual harassment allegations. The petitioner, employed in ...

High Court

High Court Allows Writ Petition Challenging Reduction in Disability Pension and Quashes Re-survey Medical Board Report. Disability percentage certified at discharge under Rule 26 of Indian Coast Guard (General) Rules, 1986 must be consistently applied for pension under Central Civil Services (Extraordinary Pension) Rules, 1972, prohibiting selective reassessment for benefit calculation....

The dispute involved a former Indian Coast Guard personnel who was discharged in 2008 after being certified with 100% disability due to Pulmonary Tuberculosis by an Invalidation Medical Board, leading...

High Court

High Court Allows Compensation Claim in Railways Act Case, Overturning Tribunal's Denial Based on Self-Inflicted Injury Finding. Passenger's Fall from Train Door and Attempt to De-board Non-Halting Train Held Not to Constitute Intentional Self-Inflicted Injury Under Section 124A of Railways Act, 1989, as Incident Occurred Due to Rush and Bonafide Mistake....

The appeal arose from the Railway Claims Tribunal's order dated 31 January 2018 rejecting the appellant's claim for compensation for injuries sustained while traveling on a train. The appellant was tr...

High Court

High Court Dismisses Writ Petition Against Rejection of Impleadment Application in Perpetual Injunction Suit. Impleadment of Third Party Not Permitted Under Order I Rule 10 of Code of Civil Procedure, 1908 as No Relief Sought Against It and Suit is Right in Personam, Not Right in Rem....

The dispute originated from a suit for perpetual injunction filed by the petitioner against Nanded Waghala City Municipal Corporation concerning property at municipal No.1-10-738 (New) 1-6-134412 (Old...

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