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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Communication of Grounds. Detenu's Right to Make Effective Representation Violated as Documents Relied Upon Were Not Supplied.

The petitioner, Shabbirbhai Bookwala, father of the detenu Mustafa Sabbirbhai Bookwala, filed a habeas corpus petition under Article 226 of the Consti...

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Bombay High Court Dismisses Employee's Petition Challenging Industrial Court's Order Substituting Dismissal with Reinstatement Without Back Wages. Employee's Misconduct of Carrying Unticketed Passenger and Improper Waybill Entries Did Not Warrant Dismissal; Industrial Court's Order Held Proportionate.

The petitioner, an employee of the Maharashtra State Road Transport Corporation, was dismissed from service after a departmental enquiry found him gui...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) Violated as Statements of Co-Accused Not Furnished.

The petitioner, brother-in-law of the detenu Abdulla Gulam Mustafa, challenged a detention order dated 27.11.2003 issued by the Principal Secretary (A...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deceased's Own Negligence Not a Bar to Compensation Under Railways Act, 1989. Held that 'untoward incident' includes accidental falls from trains regardless of passenger negligence, relying on Jameela v. Union of India.

The appellants, parents of the deceased Firdaus Kausar, filed a claim before the Railway Claims Tribunal, Nagpur, after their daughter died on 4.2.201...

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Bombay High Court Allows Employer's Petition Against Gratuity Award in Favour of Dismissed Employee for Fraudulent School Certificate. Forfeiture of Gratuity Upheld Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972 for Misconduct Involving Moral Turpitude.

The petitioner, Western Coalfields Ltd., challenged the orders of the Controlling Authority (Assistant Commissioner, Labour, Chandrapur) dated 21.10.2...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Death as Untoward Incident Despite Crossing Tracks. Held that a bonafide passenger who falls from a train and dies on tracks is covered under Section 124-A of the Railways Act, 1989, even if later found on tracks.

The appeal arises from a judgment of the Railway Claims Tribunal dismissing a claim for compensation under Section 124-A of the Railways Act, 1989. Th...

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Bombay High Court Allows Regularization of MDS Admission for Student Affected by Technical Glitch in CAP Process. Clause 8.3 of Information Brochure for MDS NEET Invoked to Regularize Admission and Permit Examination.

The petitioner, Ms. Shaikh Afreen Nooruddin, a student, filed a writ petition seeking regularization of her admission to the MDS (Master of Dental Sur...

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Bombay High Court Quashes Criminal Proceedings Against Sister-in-Law in Dowry Harassment Case Due to Lack of Specific Allegations. Applicant, being sister-in-law residing separately, was not part of the matrimonial home and no specific overt acts were attributed to her in the FIR.

The applicant, Sonia Jaiswal, sister-in-law of the informant Sapna Jaiswal, filed an application under Section 482 of the Code of Criminal Procedure, ...