Bombay High Court

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Bombay High Court Dismisses Landlord's Revision in Rent Suit — No Willful Default or Bona Fide Need Established. Landlord failed to prove willful default in payment of rent and bona fide need for personal use under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....

The applicant, Surgonda Kalgonda Patil, was the original plaintiff who filed a suit for possession of suit premises and recovery of arrears of rent against the respondents, who were his tenants. The s...

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Bombay High Court Directs Issuance of Certificate Under Income Declaration Scheme, 2016 Despite Delay in Payment of Tax. Petitioner's failure to pay tax within prescribed time due to financial constraints was condoned as the scheme was beneficial and the delay was not contumacious....

The petitioner, Kamla Chandrasingh Kabali, a spinster, could not file income tax returns for assessment years 2011-12 to 2014-15 due to unfavourable familial circumstances. The Parliament introduced t...

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Bombay High Court Quashes Rejection of GST Refund Claim for Non-Compliance with Appellate Order. Revenue Authority Directed to Recompute Refund in Accordance with Section 54 of the Central Goods and Services Tax Act, 2017....

The petitioner, M/s. Globus Petroadditions Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking to quash an order dated 12/02/2021 passed by the Assistant Commission...

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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...