Bombay High Court

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Bombay High Court Quashes Permanent Withdrawal of Pension in MPT Disciplinary Proceedings — Penalty Disproportionate to Misconduct of Minor Nature. Failure to Seek Higher Authority's Approval for Purchase Orders Does Not Justify Permanent Pension Withdrawal Under Regulation 8 of MPT Pension Regulations, 1964....

The petitioners, Leelamrut Narayan Karoo and Ghanshyam Shankar Hedaoo, were retired employees of the Mormugao Port Trust (MPT). They challenged an order dated 18/11/2020 imposing a penalty of permanen...

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Bombay High Court Quashes Rejection of Sabka Vishwas Scheme Declaration Due to Non-Application of Mind and Violation of Natural Justice. The court held that the rejection of a declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 without providing reasons or a hearing is arbitrary and violative of principles of natural justice....

The petitioner, UCC Infrastructure Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging the orders dated 9th December, 2020 and 20th February, 2020 passed by the...

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Bombay High Court Dismisses Appeal Against Refusal to Restore Appeal Dismissed for Breach of Undertaking. Undertaking given to court not to create third party rights in suit property is binding and its breach justifies dismissal of appeal....

The appellant, Shivaji Fakira Bhambare, was the defendant in Special Civil Suit No.41 of 2004 filed by the respondent, Dashrath Baburao Naik, seeking specific performance of a contract dated 23rd Apri...

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Bombay High Court Quashes Dismissal of Anganwadi Sevika for Violation of Natural Justice — Show Cause Notice Not Served and Enquiry Not Conducted Before Dismissal. The court held that dismissal without enquiry and without serving show cause notice is unsustainable and directed reinstatement with continuity of service but without back wages....

The petitioner, Smt. Surekha w/o Anandrao Kalshetti, was appointed as an Anganwadi Sevika in Anganwadi No.173 at village Nandgaon, Taluka Tuljapur, District Osmanabad on 23.06.1993. She claimed to hav...

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Bombay High Court Allows Petition Challenging Medical Unfitness Declaration for Driver Post Due to Presternal Keloid Chest. Court holds that keloid is not a disqualifying condition for driving and directs BRO to reconsider petitioner's candidature....

The petitioner, Sayyad Naim Ali Kachruddin, applied for the post of Driver Mechanical Transport (Ordinary Grade) with the Border Roads Organisation (BRO). He cleared the physical efficiency test, prac...

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Bombay High Court Allows Writ Petition for Restoration of SVLDRS Declaration Due to Non-Communication of Deficiency Memo. Petitioner's declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 cannot be rejected without providing an opportunity to rectify defects as per Section 127 of Finance (No.2) Act, 2019....

The petitioner, Mpower Facility Services Pvt. Ltd., a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamu...

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Bombay High Court Allows Petition of Untrained Teacher Appointed Against Reserved Post, Quashes Removal for Non-Acquisition of D.Ed. Within Five Years. The court held that the condition to acquire qualification within five years was not applicable to appointment against a reserved post under the MEPS Act....

The petitioner, Miss Sonali Mallikarjun Bedgnur, was appointed as an assistant teacher by respondent no.1, Dnyansampada Shikshan Prasarak Mandal, pursuant to an advertisement dated 2 June 2007. The ad...

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Bombay High Court Allows CIDCO's Second Appeal in Part, Remands for Demarcation of Encroached Land. Dispute over ownership and encroachment of land survey no. 34/1 at Jaswantpura, Aurangabad, with conflicting claims between plaintiffs and CIDCO....

The case involves two second appeals by the City and Industrial Development Corporation (CIDCO) against a common judgment of the appellate court. The respondents, Anwar Khan and Shabbir Khan, claimed ...

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Bombay High Court Quashes Cancellation of No Objection Certificate for Firecracker Shop Under Explosives Act, 1884 — Violation of Natural Justice. District Magistrate and Divisional Commissioner failed to provide opportunity of hearing before cancelling NOC granted in 1997....

The petitioner, Gopal Agrawal, had been operating firecracker shops/godowns on Survey No.86 at Mouza Shirajgaon, Khamgaon, Buldana since 1997 pursuant to a no objection certificate (NOC) granted by th...