Bombay High Court

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Bombay High Court Allows Promotion Approval in Municipal School Teacher Seniority Dispute. Seniority determined by date of initial appointment in the teaching cadre, not by date of acquiring higher qualifications under Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Secondary Education) Service Rules, 1965....

The judgment concerns two writ petitions filed by teachers employed in a municipal school run by the Municipal Council, Washim. The petitioner in Writ Petition No. 860 of 2018, Mo. Sayeed Ab. Rashid, ...

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High Court of Bombay Hears Appeal Against ESI Court Order Holding Lessor as Principal Employer for ESI Dues. Dispute Involves Whether Lessor Liable Under Section 93-A of Employee's State Insurance Act, 1948 for Dues of Lessee's Employees....

The appeal arose from the dismissal of an application by the Employee State Insurance Court, Nagpur, which upheld the recovery proceedings initiated by the Employees State Insurance Corporation agains...

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Bombay High Court Allows Wife's Appeal for Annulment of Marriage on Ground of Fraud and Coercion Under Section 12(1)(c) of Hindu Marriage Act, 1955. Consent Obtained by Threatening to Make Obscene Photographs Viral, Concealment of Material Facts Constitutes Fraud....

The appellant-wife, Monika Narendra Sharma, filed an appeal against the judgment and order dated 7th September 2021 passed by the Family Court, Mumbai, dismissing her petition for annulment of marriag...

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Bombay High Court Allows Habeas Corpus Petition, Quashes MPDA Detention Order Due to Unexplained Delay. The court held that the live link between the detenu's alleged prejudicial activity and the preventive detention order was broken due to an unexplained delay of four months from the date of arrest and three months from the grant of bail....

The petitioner, Shivkumar Madeshwaran Devendra, brother-in-law of the detenu Manoj Tangraj Devendra, filed a criminal writ petition before the Bombay High Court seeking a writ of habeas corpus to quas...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay of 5 Months. Failure to Comply with Section 3(3) Requirement of Forthwith Approval and Delay in Considering Representation Renders Detention Invalid....

The petitioner, Sachin Parshuram Mane, challenged an order of detention dated 30.06.2021 passed by the Commissioner of Police, Pune City under Section 3 of the Maharashtra Prevention of Dangerous Acti...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Intent and Benefit of Doubt — Conviction Under Section 302 IPC Set Aside, Altered to Section 304 Part II IPC for Culpable Homicide Not Amounting to Murder. The court found that the evidence did not establish murder but indicated a suicide pact, leading to alteration of conviction....

The appellant, Sumit Brijbihari Giri, was convicted by the Second Additional Sessions Judge, Thane, in Sessions Case No. 287/2008 for the murder of Samantha Fernandes under Section 302 IPC and for att...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Sections 4, 6, and 8 of POCSO Act set aside as victim's evidence was unreliable and medical evidence did not support sexual assault....

The appellant, Ramchandra Thangappan Aachari, was convicted by the Special Judge, Greater Mumbai, under Sections 4, 6, and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) fo...

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Bombay High Court Dismisses Appeal in Family Property Dispute — Upholds Injunction Against Father from Alienating Joint Family Property. Minor Children's Suit for Partition Through Next Friend Held Maintainable Under Order 32 Rule 1 CPC....

The case involves a family dispute over property. The appellant, Ajay Kumar Garg, is the father and the respondents are his minor children (Avyaay Anirudh Garg and Araaya Anirudh Garg) acting through ...