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High Court of Bombay at Goa Quashes University Order Revising Pay Scale with Retrospective Effect Without Notice - Violation of Natural Justice in Service Matter. The court held that any order affecting the pay of an employee with retrospective effect must be preceded by a notice and opportunity of hearing.

The petitioner, Dr. Bugui Dessai, was appointed as a Reader in Inorganic Chemistry at Goa University in June 1987 and confirmed in service in June 198...

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Bombay High Court Allows Petition Challenging Deletion of Name from Voters List of Cooperative Society — Holds That Section 27(3) of Maharashtra Cooperative Societies Act Does Not Require Two-Year Membership for Representative to Vote in Federal Society

The petitioner, Shriram Ganpatrao Yawale, challenged an order dated 6.11.2006 passed by the Resident Deputy Collector, Amravati (respondent no.1), whi...

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Bombay High Court Allows Writ Petitions Challenging Recovery Proceedings Under Maharashtra Co-operative Societies Act, 1961 — Petitioners Not Given Opportunity of Hearing Before Attachment of Property. Failure to Provide Notice Under Section 101 of the Act Renders Recovery Proceedings Void.

The petitioners, Sonia Bhalchandra Godase and others, filed two writ petitions before the Bombay High Court challenging the recovery proceedings initi...

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High Court Quashes Process Against Accused in Private Complaint for Non-Compliance with Section 202 Cr.P.C. — Mandatory Enquiry Required Before Issuing Process Against Residents Outside Jurisdiction.

The applicants, Damodar Prasad Maheshwari (Somani) and Dr. Santosh Damodar Prasad Maheshwari (Somani), were original accused Nos. 1 and 3 in R.C.C. No...

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Bombay High Court Quashes Land Acquisition Corrigendum for Non-Existent Road — Adding New Purpose Without Fresh Notification Invalid Under Section 4(1) of Land Acquisition Act, 1894. Land Acquisition Officer's Report Under Section 5A Recommending Dropping Acquisition Binding on Government.

The petitioners, Silvestre D' Souza and his wife Apolita D' Souza, purchased parts of a property in Santa Cruz, Goa, including a dwelling house. They ...

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Bombay High Court Quashes Absorption Order Against Minority School in Surplus Employee Case. Religious Minority Status Under Article 30(1) Protects Autonomy in Staff Management — Direction to Absorb Caretaker from Closed School Held Unenforceable.

The petitioners, The Canossa Society (a trust registered under the Bombay Public Trust Act, 1950) and The Canossa Special School, challenged an order ...

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Bombay High Court Allows Writ Petition in Cooperative Housing Dispute — Upholds Cooperative Court's Order for Transfer of Flat. Transfer of share and interest in a tenant co-partnership society requires compliance with by-laws and rules; society cannot refuse transfer without valid reason.

The Petitioner, Smt. Geeta Narayan Parvati, was a lecturer and member of Respondent No.2 Society, a tenant co-partnership society registered under the...

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Bombay High Court Allows Retired Bank Employee's Petition Against Unilateral Withholding of Pension. Pension is a property right and cannot be stopped without show cause notice or disciplinary proceedings under Bank of Maharashtra Pension Regulations.

The petitioner, Devanand s/o Galomal Nichwani, was a computer operator/clerk at Bank of Maharashtra, Jaripatka Branch, Nagpur. He opted for voluntary ...