Bombay High Court

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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...

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Bombay High Court Upholds Conviction of Father for Rape of Minor Daughter Under IPC and POCSO Act — Life Imprisonment Maintained. Incestuous Rape by Father of 14-Year-Old Victim Resulting in Pregnancy; Conviction Under Section 376(2)(f),(n) IPC and Section 5/6 POCSO Act Upheld....

The appellant, Dnyaba @ Dnyaneshwar s/o Gyanuji Tajne, was convicted by the Additional Sessions Judge, Washim in Special Child Case No.72/2016 for offences under Section 376(2)(f),(n) of the Indian Pe...

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Bombay High Court Partly Allows Appeal in Seafarer's Compensation Case, Upholds Entitlement Under Employees' Compensation Act but Denies TCC Agreement Claim. Court holds that compensation under the Employees' Compensation Act, 1923 is the statutory minimum and cannot be substituted by a contractual claim under a TCC agreement unless expressly provided....

The appellant, Mosa Anand Rajulu, was employed as an Ordinary Seafarer with respondent No. 1, M/s. V. Ships Monaco, on board MV DT PROVIDENCE. On 30 March 2014, while engaged in mooring operations, he...

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High Court of Bombay Dismisses Appeal Under Section 37 of Arbitration Act — Claimant Failed to Prove Outstanding Dues Beyond Admitted Liability. The court upheld the arbitral award rejecting the claim for Rs. 25 crores as the claimant did not produce sufficient evidence and the respondent's admission was limited to Rs. 15 lakhs....

The appellant, Anmol Steel Processors Private Limited (claimant), filed a Commercial Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of the learned Single Ju...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for A.Y. 2017-18 — Reopening Based on Mere Change of Opinion. Notice issued within four years of assessment year held invalid as reasons recorded were already considered during original assessment under Section 143(3)....

The petitioner, Parinee Realty Pvt. Ltd., filed a writ petition challenging a notice dated 30 March 2021 issued under Section 148 of the Income Tax Act, 1961 seeking to reopen the assessment for Asses...

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Bombay High Court Allows Compassionate Appointment of Widow as Peon in School Despite Delay in Approval. Education Officer's Refusal Based on Government Resolution 2012 Set Aside as Appointment Was Made Prior to Resolution and Petitioner Had Already Joined....

The petitioner, Smt. Manisha Dnyneshwar Londhe, is the widow of Dnyneshwar Sakharam Londhe, who was employed as a Peon at Respondent No. 5 School and died in service on 22 September 2015. She applied ...