Bombay High Court

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Bombay High Court Quashes Tender Process for Unilateral Reduction of Upset Price in Co-operative Bank Property Sale. Tender Authority Cannot Reduce Upset Price After Issuance of Tender Notice Without Fresh Tender Process....

The case involves two writ petitions challenging the decision of the Buldhana District Co-operative Agricultural Rural Multipurpose Development Bank Ltd. (the Bank), a society registered under the Mah...

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High Court of Judicature at Bombay, Nagpur Bench Hears Second Appeals Challenging Public Auction Order in Partition Suit. Court Frames Substantial Questions on Validity of Sale Before Final Decree Under Order 21 CPC and Section 2 of Partition Act, 1893....

The litigation arose from a suit for partition, Special Civil Suit No.29/1996, filed by Anantrai Ramashankar Upadhyay, which was decreed on 13 October 2003, declaring one-fifth share each to the plain...

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Bombay High Court Allows Plaintiff's Second Appeal in Possession Suit — Part Performance Protection Under Section 53-A of Transfer of Property Act, 1882 Denied to Purchasers for Failure to Show Readiness and Willingness. Agreement for Sale Held Unenforceable Due to Non-Compliance with Income Tax Act, Making Performance Impossible....

The plaintiff, owner of the suit property, filed a suit for recovery of possession against the defendants who were purchasers in possession under an agreement for sale. The trial court decreed the sui...

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Bombay High Court Allows Writ Petition Challenging Rejection of SVLDRS Declaration Due to Procedural Irregularity. Rule 6(2) proviso requiring pre-deposit of 50% of disputed tax before filing declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 read down as directory, not mandatory....

The petitioner, Nabeel Construction Pvt. Ltd., engaged in construction services, was subjected to an investigation by the Directorate General of GST Intelligence in February 2019. During the investiga...

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Bombay High Court Dismisses Workman's Petition Challenging Interlocutory Order in Domestic Enquiry — Holds That Item 1 of Schedule IV of MRTU & PULP Act Cannot Be Invoked Against Every Interlocutory Order Passed by Enquiry Officer...

The petitioner, Vinod Pattar, a workman employed by M/s. EIH Ltd. (the Oberoi Hotel), challenged an interlocutory order dated 21/12/2021 passed by the Labour Court in a complaint under Item 1 of Sched...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Witnesses and Lack of Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Alpesh Tembhurne, was convicted by the Additional Sessions Judge, Wardha, for the murder of Shashank Karwade under Section 302 IPC and sentenced to life imprisonment. The case arose fro...

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Bombay High Court Quashes DGFT Order Cancelling Advance Authorisation and EPCG Licences for Optical Fibre Manufacturer — Violation of Natural Justice and Non-Application of Mind. Petitioner's licences restored as cancellation was based on irrelevant considerations and without proper hearing....

The petitioner, Ashwini Ashish Dighe, proprietor of Sunteck Telecommunications, a manufacturer of optical fibres, filed a writ petition challenging the order dated 03.06.2020 passed by the Director Ge...

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Bombay High Court Allows Schools' Petition Against EPF Damages Levy Under Special Scheme. Voluntary Coverage Under Employees' Enrollment Campaign, 2017, Assured No Penalty or Interest, and Respondent Estopped from Imposing Such Levies....

The petitioners, Jijamata Public School and Jijamata Krushi Tantra Vidyalaya, are public schools run by a public trust established in 2003, engaged in imparting education. Initially, they did not comp...

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Bombay High Court Quashes Education Officer's Order Reversing Seniority in Private School Teacher Promotion Dispute — Violation of Natural Justice as Petitioner Not Heard Before Adverse Order. Rule 12 of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 Requires Prior Hearing Before Altering Approved Seniority....

The petitioner, Nildhwaj Motiramji Kamble, and respondent no.4, Nitin Janraoji Ingole, were serving as Headmaster and Assistant Teacher respectively at a school run by respondent no.3, Adarsh Shikshan...

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Bombay High Court Quashes Dismissal of CRPF Constable for Unauthorised Absence Due to Medical Reasons — Procedural Fairness Violated. Disciplinary Authority Failed to Consider Medical Certificates and Conducted Inquiry Without Proper Opportunity, Violating Principles of Natural Justice Under CRPF Act, 1949 and Rules....

The petitioner, Raju s/o Bishan Wasnik, was a constable in the Central Reserve Police Force (CRPF) who enlisted on 17-3-2001. He was posted at A/124 Battalion, CRPF in Tripura. On 17-4-2008, he report...