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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Bombay High Court Allows Appeal in Partnership Dispute — Plaintiff Entitled to Possession of Business and Premises. Court holds that a partnership at will can be dissolved by notice and the plaintiff as sole proprietor is entitled to recover possession from the defendant who was a partner.

The appellant, Chandrakant Kanoji Parab, filed a suit for recovery of possession of a business called M/s Ramesh Electric Works and the premises where...

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Bombay High Court Dismisses Challenge to Section 37(1AA) of MRTP Act in Constitutional Validity Case. Court Holds That State's Power to Modify Development Plans Does Not Violate 74th Amendment or Article 243W.

The petitioners, residents of Mumbai, filed a writ petition under Article 226 of the Constitution challenging the constitutional validity of Section 3...

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Bombay High Court Dismisses Petition for Inclusion in Slum Rehabilitation List Due to Lack of Electoral Roll Evidence. Petitioner failed to prove residence as of 1.1.1995, a requirement under the Slum Rehabilitation Scheme.

The petitioner, Indu Ramchandra Khanvilkar, claimed to have a hut on survey no.162/162-2/1 to 7, 165/1 to 84 at Village Malad, Taluka Borivli, which w...

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Bombay High Court Allows Tenant's Appeal Against Demolition Order in MMC Act Case — Failure to Issue Notice to Owner and Lack of Personal Hearing Violates Natural Justice. Tenant in Possession Since Prior to 1987 Entitled to Hearing Before Demolition Under Section 351 of MMC Act.

The appellant, a tenant in possession of premises since prior to 1987, challenged a show cause notice under Section 351 of the Mumbai Municipal Corpor...

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High Court of Bombay Quashes Sanction Order in Disproportionate Assets Case Against IRS Officer — Sanctioning Authority Failed to Apply Independent Mind and Relied on CBI Report Without Proper Application of Mind.

The petitioner, Vivek Batra, an Indian Revenue Service officer, challenged the sanction order dated 09.10.2012 granted by the Union of India for his p...

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Bombay High Court Dismisses Petitions Challenging Arbitral Award in Partnership Dispute — Court Upholds Award of Mesne Profits and Rejection of Set-Off Claim Under Specific Relief Act and Partnership Act

The case involves three writ petitions filed by M/s Resources International, Mr. Dipak M. Rajani, Mrs. Meena D. Rajani, and M/s Resourceful Earthmover...