Bombay High Court

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Bombay High Court Allows Society's Appeal Against Injunction in Redevelopment Dispute — Single Member Cannot Stall Majority Decision. Section 104 CPC read with Order 43 Rule 1(r) CPC — Trial court's interim injunction restraining society from redevelopment set aside as it was based on disputed facts and balance of convenience favored the society....

The appellant, Abhanga Samata Co-operative Housing Society Ltd., a society registered under the Maharashtra Co-operative Societies Act, 1960, is the owner of land and building at Sunder Nagar, Malad (...

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Bombay High Court Quashes Notification Reserving Mayor Office for Scheduled Caste Category in Dhule Municipal Corporation — Violation of Rotation Policy Under Maharashtra Municipal Corporations Act, 1949. Court holds that reservation of Mayor office must follow the prescribed rotation cycle and cannot be altered mid-cycle without amendment of the Act....

The petitioner, Sanjay Sudhakar Jadhav, a scheduled caste social worker and former councillor of Dhule Municipal Corporation, filed a writ petition under Articles 226 and 227 of the Constitution of In...

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Bombay High Court Allows Writ Petition for Gratuity and Leave Encashment Against OBC Corporation — Employee Entitled to Benefits Despite Non-Adoption of Payment of Gratuity Act. Non-adoption of Payment of Gratuity Act, 1972 by employer does not disentitle employee to gratuity if establishment is covered under the Act; leave encashment is a contractual right....

The petitioners, legal heirs of the original petitioner Nagesh Jagdishrao Deshpande, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court (Aurangabad Bench...

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Bombay High Court Allows Petition Challenging Discriminatory Government Resolution — Husband-Wife Aggregation Benefit Must Be Extended to All Employees Regardless of Spouse's Employment Sector. The court held that restricting the benefit to government/semi-government employees' spouses violates Articles 14 and 16 of the Constitution....

The petitioner, Rekha D/o Eknath Shinde, an assistant teacher employed with Zilla Parishad Aurangabad, filed a writ petition challenging the validity of Government Resolution dated 27th February, 2017...

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Bombay High Court Dismisses Writ Petition and Civil Revision Application in Property Dispute Over Lease and License Agreement — Held That Licensee Cannot Claim Tenancy Rights Under Maharashtra Rent Control Act, 1999. The court affirmed that the agreement was a license, not a lease, and the suit for possession was within limitation....

The judgment arises from a property dispute concerning a petrol pump site at Santacruz, Mumbai. The petitioners (original plaintiffs) are the owners of the property, and the respondent No.1 (original ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Approval for Cook Post in Ashram School. Held that the authority cannot reject approval on the ground that the post was not sanctioned when the post was already sanctioned by Government Resolution dated 14/02/2006 and corrigendum dated 24/03/2006....

The petitioner, Swati Shivaji Lawhare, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 28th December 2017 passed by the Regional Deputy Commissioner, S...

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Bombay High Court Dismisses Petition Challenging Adjournment of Zilla Parishad President Election Meeting. Returning Officer's Discretion to Adjourn Due to Disruption Upheld Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961....

The petitioner, Devyani Dongaonkar, was a candidate for the post of President of Zilla Parishad, Aurangabad. The State Government published an election programme, and respondent No. 3 was appointed as...

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High Court of Bombay at Goa Hears Criminal Revision Application Against Discharge of Accused Public Servants in Prevention of Corruption Act, 1988. Revision Filed by CBI Challenging Special Judge's Order Discharging Accused Nos. 1 and 2 Under Section 13(1)(d) read with Section 15 of PC Act....

The matter arose from a criminal revision application filed by the Central Bureau of Investigation (CBI) before the High Court of Bombay at Goa, challenging the order of the Special Judge, CBI Court a...

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Bombay High Court Allows Writ Petition Challenging Discriminatory Cut-off Date in Pension Revision for Pre-1996 Retired Judicial Officers. Government Resolution Denying Revised Pension to Pre-1996 Retirees Violates Article 14 of the Constitution....

The petitioner, Raghavendra Anantrai Mehta, a retired District and Sessions Judge who retired on 30th September 1991, filed a writ petition under Article 226 of the Constitution of India challenging G...