Bombay High Court

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Bombay High Court Dismisses Petition Challenging Promotion Policy Based on Merit-Cum-Seniority in High Court Administration. Court upholds that marks in departmental examination are not the sole criterion for promotion and that seniority can be given weightage under the applicable rules....

The petitioner, Kishore D. Raorane, joined the High Court administration on the Original Side as a Clerk in 1985 and retired as Master (Adm) in 2021. He passed both Lower and Higher Standard Departmen...

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Bombay High Court Acquits Mother-in-law in Abetment of Suicide and Cruelty Case Due to Lack of Evidence of Instigation. Conviction under Sections 306 and 498-A IPC set aside as prosecution failed to prove that the appellant instigated or abetted the deceased's suicide....

The present appeal was filed by three accused persons challenging their conviction under Sections 306 and 498-A read with Section 34 of the Indian Penal Code (IPC) in Sessions Trial No.134 of 1999 by ...

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High Court of Bombay at Nagpur Allows Appeals for Enhanced Compensation in Land Acquisition Cases — Market Value Determined at Rs. 1,50,000 per Hectare with Additional Benefits Under Land Acquisition Act, 1894. The court applied the belting method and granted statutory benefits including additional compensation, solatium, and interest....

The case involves four first appeals filed by landowners whose agricultural lands were acquired by the State of Maharashtra for the Maharashtra State Electricity Generation Company Ltd. for a thermal ...

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Bombay High Court Dismisses Petition Challenging Mutation Entry in Revenue Records — Civil Suit Remedy Available for Title Disputes Under Section 149 of Maharashtra Land Revenue Code, 1966. Mutation entries do not confer title and revenue authorities cannot adjudicate title; proper remedy is civil suit....

The petitioners, Jagannath Khanderao Kedar and Indumati Khanderao Kedar, filed a writ petition under Article 227 of the Constitution of India challenging the mutation entries made in the revenue recor...

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Bombay High Court Considers Reference to Larger Bench on Applicability of Pay Commission Recommendations to Private School Employees. Division Bench examines statutory rule-making procedure under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and divergent Coordinate Bench views....

The Bombay High Court, in a batch of four connected writ petitions, addressed a preliminary issue whether questions raised regarding applicability of Pay Commission recommendations to employees of pri...

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Bombay High Court Dismisses Writ Petition in Property Dispute Over Will Validity — Concurrent Findings of Fact Not Disturbed Under Article 227. The court upheld the concurrent findings of the courts below that the Will executed by Bhatu was not proved, and the petitioners failed to establish their title....

The case involves a property dispute between the petitioners (legal representatives of Tryambak Namdev Mali) and the respondents (legal heirs of Bhatu Sonar). The petitioners claimed title to certain ...

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Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 of Negotiable Instruments Act for Non-Prosecution — Held That Dismissal Under Section 256 CrPC Without Giving Notice to Complainant Is Illegal. The court restored the complaint to its original number and directed the Magistrate to proceed from the stage prior to dismissal....

The appellant, Dr. Kisanrao Gadekar, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881, filed against respondent No.1, Changdeo Phatangare, before the Ju...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation by Setting Aside Contributory Negligence and Correcting Multiplier. The Court held that without evidence, contributory negligence cannot be assumed, and the multiplier must be based on the deceased's age under the Motor Vehicles Act, 1988....

The appellants, legal representatives of the deceased Madhao Gohate, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for his death in a motor vehicle acc...

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High Court of Bombay at Nagpur Bench Allows Writ Petition Against Bank for Withholding Title Deeds After Full Loan Repayment — Section 171 of Indian Contract Act, 1872 Does Not Confer Right of General Lien on Banks Over Security Documents Once Loan Is Fully Discharged....

The petitioner, Sunil s/o Ratnakar Gutte, approached the High Court of Bombay at Nagpur Bench by way of a writ petition against Union Bank of India. The petitioner had taken a loan of Rs.21,00,000 fro...