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High Court

Bombay High Court Upholds Validity of Rule 53(c) of Bombay High Court Appellate Side Service Rules, 2000 and Cancellation of Waiting List for Clerk Posts. Rule 53(c) held not ultra vires Articles 14 and 16 of Constitution as it provides for cancellation of waiting list without assigning reasons.

9 Jan 2023

The petitioners, Priti Subhashrao Sawake and others, filed a writ petition challenging Rule 53(c) of the Bombay High Court Appellate Side Service Rule...

High Court

Bombay High Court Allows Writ Petitions Challenging Government Resolution Requiring Teachers to Reside Within Municipal Corporation Limits for Eligibility to Transfer. The Court held that the condition of residence within the municipal corporation area for transfer eligibility under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is ultra vires the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Maharashtra Right to Public Services Act, 2015.

24 Feb 2023

The petitioners, teachers employed in private aided schools in Pune, challenged a Government Resolution dated 30th April 2019 issued by the School Edu...

High Court

Bombay High Court Dismisses Petition of Contract Workers Seeking Direct Employment in Co-operative Bank — Outsourcing of Services Held Permissible. No legal right to employment exists, and the bank's policy decision to outsource non-core services is not subject to judicial review.

4 Jan 2023

The petitioners, three individuals, filed a writ petition before the Bombay High Court challenging the inaction of the District Deputy Registrar, Than...

High Court

Bombay High Court Quashes Criminal Complaint in Fabrication of Evidence Case — Postal Receipt Not Conclusive Proof of Service. Court holds that mere affixation of a postal receipt on a letter does not prove dispatch or receipt, and criminal proceedings for forgery cannot be sustained without prima facie evidence of fabrication.

24 Feb 2023

The applicant, Hari Prakash Tripathi (accused no.1), filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging...

High Court

Bombay High Court Dismisses Petitions Challenging Termination of Apprenticeship Training by Pune Municipal Corporation. Apprenticeship Act, 1961 does not require prior notice or hearing before termination of apprenticeship contract.

2 Mar 2023

The judgment concerns two writ petitions filed by apprentices challenging their termination from apprenticeship training by the Pune Municipal Corpora...

High Court

Bombay High Court Allows Compassionate Pension Claim of Removed Teacher Under Rule 101 of Maharashtra Civil Services (Pension) Rules, 1982. Distinction Between Removal and Dismissal Determines Eligibility for Compassionate Pension.

23 Mar 2023

The petitioner, Nalini Shende, was appointed as a temporary teacher at Smt. Jankidevi Jaiswal Prathmik Vidyalaya, Nagpur, and was granted permanency f...

High Court

Bombay High Court Dismisses Contract Workmen's Wage Parity Claim Against Principal Employer. Existence of Agreement with Representative Union Precludes Non-Members from Claiming Higher Wages Under Contract Labour Act.

20 Apr 2023

The petition was filed by Mumbai Electric Employees Union, a non-representative union of contract workmen, challenging the order of the Additional Lab...

High Court

Bombay High Court Clarifies Scope of Section 3 of Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 in Reference Regarding Land Transfers by Non-Tribals. The court held that Section 3 applies to any transfer of land originally belonging to a tribal, regardless of the transferor's status, and that the burden of proof is on the claimant tribal to show original tribal ownership and first transfer in contravention.

21 Apr 2023

The case involves a reference to a larger bench of the Bombay High Court to resolve a recurring question regarding the interpretation of Section 3 of ...

High Court

Bombay High Court Allows Mother's Appeal for Custody of Minor Son in Guardian and Wards Case — Best Interest of Child Paramount Under Guardian and Wards Act, 1890. Mother, being natural guardian under Section 6 of Hindu Minority and Guardianship Act, 1956, entitled to custody of minor son aged 9 years; father failed to prove mother's disqualification.

13 Apr 2023

The appellant, Sau. Reshma Sumedh Bawaskar, wife of the respondent Sumedh Sudhakar Bawaskar, filed an appeal under Section 19 of the Family Courts Act...

High Court

Bombay High Court Allows MPSC's Petition Challenging Tribunal's Order — Change of Faculty Test Not Equivalent to Bachelor's Degree in Recruitment Eligibility. The court held that the eligibility criteria in a public recruitment advertisement must be strictly interpreted and cannot be relaxed by treating a Change of Faculty Test as equivalent to a bachelor's degree in the required subject.

2 May 2023

The Maharashtra Public Service Commission (MPSC) issued an advertisement on 29.04.2017 for the post of Secretary (Group-A) in the Maharashtra State Bo...

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