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Bombay High Court Quashes Surplus Declaration and Absorption Order Against School Teacher for Violation of Rule 26 of MEPS Rules, 1981. Procedural Lapses in Declaring Employee Surplus and Transferring Without Consent or Opportunity of Hearing Lead to Setting Aside of Orders.

The petitioner, Amar Jaggnath Lavate, a teacher employed at Nutan Vidyalaya, Lote (now Kavita Vinod Saraf High School), was declared a surplus employe...

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Bombay High Court Allows Writ Petition Challenging Deficit Stamp Duty Demand — Limitation Period Under Section 32-A(1) of Bombay Stamp Act, 1958 Is Mandatory. Demand for deficit stamp duty and penalty made after 5 years from execution of instrument is without jurisdiction and liable to be quashed.

The petitioner, Meena Shyam Tulsani, purchased a commercial office premises admeasuring 351 sq.ft super built up area in 1999 through a notarized agre...

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Bombay High Court Holds Caste Certificate Must Be from Native Place Authority in Scheduled Tribe Claim Case. Full Bench Answers Reference Affirmatively, Overruling Niraj More's View on Jurisdictional Validity of Caste Certificates.

The case arose from a reference made by a Division Bench in Rajendra Thakur v. State of Maharashtra, which disagreed with the earlier Division Bench d...

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Bombay High Court Dismisses Management's Petitions Challenging School Tribunal's Order Quashing Termination of Teacher. Repeated Denovo Enquiries After Earlier Enquiries Are Quashed for Non-Compliance of Rules 36/37 of MEPS Rules, 1981 Are Impermissible.

The judgment involves two writ petitions filed by the Head Master (brother of the President) and the President of the educational institution, challen...

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Bombay High Court Dismisses Management's Petitions in Teacher Termination Case. Repeated Denovo Enquiries After Quashing for Non-Compliance of MEPS Rules 36 and 37 Are Not Permissible.

The case involves two writ petitions filed by the Head Master (brother of the President) and the President of an educational institution challenging t...

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Bombay High Court Upholds Conviction of Uncle for Rape of Minor Niece in Rape Case — Victim's Testimony and Medical Evidence Sufficient. The court confirmed 12 years RI under Section 376 IPC for repeated sexual assault on a 15-year-old girl entrusted to his care.

The appellant, Tulshiram Babasaheb Mulik, an ex-military man employed as a watchman, was convicted by the Additional Sessions Judge, Nashik, for the o...

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High Court of Bombay at Nagpur Quashes Removal of Bank Officer in Disciplinary Proceeding for Violation of Natural Justice. Non-Supply of Documents and Enquiry Report, and Bias by Enquiry Officer Lead to Setting Aside of Removal Order Under Service Law.

The petitioner, Balaji Digambarrao Kotgire, was appointed as a Clerk-cum-Cashier in the Oriental Bank of Commerce on 7th July 1979. He was later promo...

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High Court of Bombay at Aurangabad Dismisses State's Writ Petition Challenging Labour Court Award of Reinstatement with Back Wages. Termination of Workman Held Illegal for Non-Compliance with Section 25-F of Industrial Disputes Act, 1947.

The case involves a writ petition filed by the State of Maharashtra and the Executive Engineer, Kukadi Irrigation Division, challenging an award dated...

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Bombay High Court Dismisses Petitions Challenging Gram Panchayat Election Process for Non-Compliance with Pre-Election Deposit Requirement. Petitioners failed to deposit required amount under Rule 7(2) of Maharashtra Gram Panchayat (Election) Rules, 2014, leading to rejection of nomination papers.

The petitioners, residents of Khuneshwar village in Solapur district, filed two writ petitions challenging the election process for the Gram Panchayat...