Bombay High Court

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Bombay High Court Dismisses State's Petition Challenging Tribunal's Order Setting Aside Penalty for Denial of Fair Hearing. Failure to Question Delinquent Under Rule 8(20) of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 Violates Mandatory Procedural Safeguard, and Tribunal Justified in Not Granting Liberty to Resume Inquiry After Retirement....

The State of Maharashtra and its officers challenged a judgment of the Maharashtra Administrative Tribunal that set aside penalty orders against a retired Agriculture Officer, Wasudeo Madhukarrao Pand...

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High Court of Bombay Allows Arbitration Application for Appointment of Arbitrator in Transport Contract Dispute — State's Failure to Appoint Arbitrator Within 30 Days Triggers Court's Power Under Section 11(6) of Arbitration and Conciliation Act, 1996....

The applicant, Prakash Askram Jain, entered into a transport agreement with the Governor of Maharashtra on 30/03/2001 for transporting food grains and other commodities from 01/04/2001 to 31/05/2006. ...

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Bombay High Court Allows Amendment of Plaint and Grants Temporary Injunction in Property Dispute — Concurrent Orders of Courts Below Set Aside. Amendment Sought to Correct Description of Suit Property Held to Be Necessary for Effective Adjudication, and Prima Facie Case, Balance of Convenience, and Irreparable Injury Found in Favour of Plaintiff....

The petitioner, M/s. Vaishnavi Sai Shri Mahalaxmi Jagdamba Shikshan Sanstha, filed two writ petitions challenging concurrent orders of the Small Causes Court and the District Court at Nagpur. The firs...

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High Court of Bombay at Goa Deliberates Criminal Appeal Against Murder Conviction; Circumstantial Evidence Insufficient to Sustain Conviction Under Section 302 IPC. Homicidal Death and Last Seen Theory Without Corroboration Fail to Link Appellants to Offence....

The appeal arose from the judgment and sentence dated 13.03.2015 in Sessions Case No.07/2014 by the Additional Sessions Judge-1, Margao, convicting both appellants under Section 302 read with Section ...

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Bombay High Court Examines Challenge to CBI FIR Against Former Home Minister in Corruption Case. Petition Seeks Quashing of FIR Registered Under Section 7 of Prevention of Corruption Act and Section 120-B IPC Based on Alleged Lack of Prima Facie Offence and Statutory Bars....

The writ petition was filed by Anil Vasantrao Deshmukh, former Home Minister of Maharashtra, under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, see...

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Bombay High Court Allows State of Maharashtra's Petition to Quash Part of CBI FIR in Gelatine Case — Lack of Sanction Under Section 17A of Prevention of Corruption Act. Court held that investigation against public servants without prior approval under Section 17A of Prevention of Corruption Act, 1988 is invalid and liable to be quashed....

The State of Maharashtra filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the 4th and 5th unnumbered parag...

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Bombay High Court Allows Transfer of Assistant Teachers to Aided Posts with Regular Pay Scales from Date of Transfer. Education Officer Cannot Unilaterally Change Effective Date of Transfer; Approval Relates Back to Date of Transfer....

The petitioners, Sandip Dilip Thorat and Surekha Anant Kumbhar, were Assistant Teachers initially appointed on a grant-in-aid basis in unaided divisions of their respective schools. They were subseque...

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Bombay High Court Allows Compassionate Appointment of Widow as Peon in Aided School Despite Pending Staffing Pattern Approval. The Court directed approval of appointment within four weeks, holding that the widow cannot be made to wait indefinitely for approval of her compassionate appointment....

The petitioner, Renuka D/o Munjaji Pondhe, is a young widow whose husband Pandurang Hoge was a permanent Peon in Sant Dnyaneshwar Vidyalaya, Parbhani. He died in an accident on 08.06.2017 after 19 yea...

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Bombay High Court Dismisses Appeal in Service Matter - Reversion from Junior Clerk to Peon Upheld as Valid Administrative Action. Appointment as Junior Clerk was made without prior approval of Education Officer, rendering it invalid from inception....

The appellant, Prashant Shridharrao Nare, was initially appointed as a Peon. Subsequently, he was appointed as a Junior Clerk on probation for two years vide order dated 30th May 1993, and he joined o...

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Bombay High Court Allows Widow's Petition for Family Pension Despite Pending Caste Validity Claim. Death of Employee Does Not Abate Caste Scrutiny Proceedings; Committee Must Decide on Merits for Entitlement of Retiral Benefits....

The petitioner, Sunita Thakar, is the widow of Pradip Thakar, who was employed as a Chaukidar (a post reserved for Scheduled Tribe) with the Government Photozincographic Press, Pune. He was issued a t...