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Bombay High Court Allows Pension Benefits by Counting Prior Service with Board Under Rule 46(2) of Maharashtra Civil Services (Pension) Rules, 1982 — Resignation to Take Up Another Appointment with Permission Does Not Forfeit Past Service

The Petitioner, Smt. Nagaveni R., filed a writ petition seeking pension and other retiral benefits by counting her service from 25.2.1975 to 5.11.1984...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal's Refusal to Strike Out Additional Written Statement. Tribunal's Discretion to Allow Additional Pleadings Upheld Unless Prejudice Shown.

The petitioner, GTL Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 10.2.2006 passed...

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Bombay High Court Allows Landlord's Petition Challenging City Civil Court's Jurisdiction in Landlord-Tenant Dispute Over Open Land. Exclusive Jurisdiction of Small Causes Court Under Section 41 of Presidency Small Cause Courts Act, 1882, Prevails Over Rent Control Act Applicability.

The dispute originated from a declaratory suit filed by the First Respondent (tenant) against the Petitioner (landlord) in the Court of Small Causes a...

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Bombay High Court Allows Union's Petition in Unfair Labour Practice Case - Layoff and Lockout by Company Held Illegal. Company's Failure to Obtain Permission Under Section 25M of Industrial Disputes Act, 1947 and Subsequent Lockout Constitute Unfair Labour Practices Under MRTU & PULP Act, 1971.

The Maharashtra General Kamgar Union filed a writ petition under Article 226 of the Constitution challenging an order of the Industrial Court dated 30...

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WRIT PETITION NO.4872 OF 2006

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Bombay High Court Allows Revision Against Rejection of Amendment Application in Partition Suit — Amendment Sought to Add Plea of Alienation After Discovery of Sale by Co-defendants. Pre-trial amendment under Order VI Rule 17 CPC must be liberally allowed to determine real controversy.

The petitioners, five plaintiffs, filed a suit for partition and 1/7th share in the suit property. After the defendants appeared, the plaintiffs disco...

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Bombay High Court Allows Passport Refusal Challenge in Education Travel Case — Violation of Natural Justice and Fundamental Rights. Police 'Not Recommended' Report Without Hearing Cannot Justify Denial of Passport Under Passports Act, 1967 and Articles 14, 19, 21 of Constitution.

The petitioner, Ms. Akanksha Amar Naik, is a citizen of India and the daughter of late Amar Naik. After completing her Higher Secondary Education (12t...