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Bombay High Court Quashes Demolition Order in Coastal Zone Case for Violation of Natural Justice. Respondent Authority Relied on Material Not Disclosed to Petitioner, Rendering Order Unsustainable.

The petitioner, Shri Raul Prazeres, challenged an order dated 26.10.2004 passed by the Goa Coastal Zone Management Authority (respondent no.2) directi...

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Bombay High Court Quashes Coastal Authority Order for Failure to Consider Pre-1991 Construction Claim. Matter Remanded for Fresh Consideration of Structures E, F, and G Under Coastal Regulation Zone Notification.

The petitioner, Mrs. Bertha Emilia Fernandes, filed a writ petition challenging an order dated 19th July 2004 passed by the Goa Coastal Zone Managemen...

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Bombay High Court Allows Petition Challenging Rejection of Scheduled Tribe Claim for Mannervarlu. Committee's finding that Mannervarlu is synonym of Kolam is perverse and contrary to Division Bench ruling.

The petitioner, a minor at the time of filing through her father, challenged the decision of the Committee for Scrutiny and Verification of Tribe Clai...

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Bombay High Court Dismisses Appeal Against Return of Plaint for Lack of Jurisdiction in Suit for Damages Against Foreign Company. Territorial Jurisdiction Determined by Place of Contract and Cause of Action, Not by Place of Performance of Warranty Obligations.

The appellant, Kalyanji Walji Private Ltd., filed a suit for damages against Sortex Limited (a UK company), Maharashtra Hybrid Seeds Co. Ltd. (respond...

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Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...

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Bombay High Court at Goa Dismisses Petition Challenging Demolition Order for Illegal Construction in CRZ Area. Petitioner failed to produce any valid permission or documents to justify construction within No Development Zone under CRZ Notification 1991.

The petitioner, Shri David D'Souza, purchased a property at Anjuna, Goa in 2001. He constructed a residential house of about 70 sq.mts within 200 m of...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Workman Retrenched Due to Computerization. Introduction of computers does not constitute a valid ground for retrenchment without compliance with Section 25-F of the Industrial Disputes Act, 1947.

The judgment arises from two writ petitions challenging a common award of the Labour Court dated 19th September 2002. The workman, Mohammed Asad Khan,...

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Bombay High Court Dismisses PIL Seeking Inquiry into NCDC Loan Scheme for Powerloom Societies — No Public Interest Element Established as Petitioner Failed to Show Any Personal Injury or Violation of Statutory Duty.

The petitioner, Arun Mahadev Jadhav, described himself as a citizen who believed that government funds should not be misappropriated. He filed a writ ...

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Bombay High Court Upholds Reinstatement of Casual Worker in BSNL Case — 50% Back Wages Upheld. Continuous Service of 371 Days Over 13 Months Constitutes Regular Employment Under Industrial Disputes Act, 1947.

The petitioner, Bharat Sanchar Nigam Limited (BSNL), challenged an award dated 12.11.2003 passed by the Central Government Industrial Tribunal No.1, M...