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Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

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Bombay High Court Dismisses Writ Petitions Challenging Termination of Employees of National Textile Corporation Ltd. — Petitioners Not Employees of NTC Ltd. as They Were Appointed by Contractors and No Employer-Employee Relationship Established.

The judgment concerns two writ petitions filed by Shilpa S. Chandankar and Priyanka Pradeep Chavan against the National Textile Corporation Ltd. (NTC ...

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Bombay High Court Upholds Juvenile Board's Decision to Try Older Juvenile as Adult in Murder Case — Section 15 of Juvenile Justice Act, 2015 Requires Individualized Assessment of Physical and Mental Capacity to Commit Offence.

The case involves two juveniles, aged 17.5 years and 16.5 years, accused of murdering a three-and-half-year-old child. The Juvenile Justice Board, aft...

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Bombay High Court Dismisses Petition Challenging Dismissal Order Under Article 311(2) Second Proviso (b) of Constitution of India — Subsequent Acquittal Does Not Revive Stale Challenge. Dismissal Order Based on Conviction Attained Finality; Petition Dismissed as Stale.

The petitioner, Satish L. Gawte, was dismissed from service by order dated 7 October 1998 under Article 311(2) second proviso (b) of the Constitution ...

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Bombay High Court Upholds Removal of Naval Dockyard Worker for Unauthorized Absence — Dismisses Petition Against CAT Order. Disciplinary Authority's Discretion in Imposing Penalty of Removal for Habitual Absence Without Leave Upheld as Not Disproportionate.

The petitioner, Arun Waman Khadtale, was initially appointed as a casual labourer in the Naval Dockyard in 1975 and was confirmed as a permanent labou...

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Bombay High Court Dismisses Union of India's Challenge to Tribunal's Re-examination Direction in Postal Recruitment Case. Tribunal's Order to Re-conduct Paper-II Without Disturbing Paper-I Results Upheld as Balanced and Reasonable.

The case involves two writ petitions arising from a common judgment of the Central Administrative Tribunal, Mumbai Bench, dated 31 July 2015, concerni...

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High Court of Bombay Initiates Suo Motu Contempt Against Advocate for Disrupting Court Proceedings. Advocate's Rowdy Behavior and Improper Language in Court Amounts to Prima Facie Criminal Contempt Under Contempt of Courts Act, 1971.

The High Court of Bombay, on its own motion, initiated contempt proceedings against Mr. N.B. Deshmukh, an advocate, based on an incident that occurred...

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Bombay High Court Dismisses Petition Challenging Discharge of Probationer Caretaker for Unsatisfactory Performance. Probationer's services terminated after multiple extensions of probation period due to unsatisfactory performance; court held that no inquiry is required before discharge during probation.

The petitioner, Sanjoy Datta, was appointed as a caretaker on probation for two years by the Central Board for Workers Education (Board) vide order da...

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Bombay High Court Dismisses Petitions Challenging Charity Commissioner's Order in Trust Dispute. Court upholds order directing removal of trustees for mismanagement under Maharashtra Public Trusts Act, 1950.

The petitioners, trustees of a public trust, challenged an order of the Charity Commissioner, Maharashtra, removing them from office for mismanagement...