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Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

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Bombay High Court Dismisses Petitions Challenging Termination of Probationary Employees in Air India Ltd. — Probationers Have No Right to Be Confirmed and Termination Without Stigma Is Valid.

The judgment pertains to two writ petitions filed by Jeetendra Krishna Varma (WP 875/2011) and Mayank Mohan Sharma (WP 1427/2015) against Air India Lt...

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Bombay High Court Dismisses Appeal in Sale Deed Cancellation Suit — No Substantial Question of Law Arises. Concurrent findings of fact that sale deed was executed voluntarily and for consideration cannot be interfered with under Section 100 CPC.

The present second appeal was filed by the original plaintiffs (appellants) against the concurrent judgments of the trial court and the first appellat...

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Bombay High Court Allows Condonation of Delay in Railway Accident Claim — Illiteracy and Poverty Constitute Sufficient Cause Under Section 17(2) of Railway Claims Tribunal Act, 1987. The Court set aside the Tribunal's dismissal and remanded the matter for fresh consideration on merits.

The appellant, Saraswati Giri, filed a claim for compensation before the Railway Claims Tribunal, Mumbai Bench, following the death of her son in a tr...

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Bombay High Court Allows Petition of Private School Teachers for Salary as per Pay Commission Reports. Teachers in Unaided Private School Entitled to Salary Under Rule 7 of MEPS Rules, 1981 and Pay Commission Reports.

The petitioners, qualified permanent teachers working in the fifth respondent school, an unaided private secondary English medium school recognized by...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Complainant Established Ingredients Under Section 138 of Negotiable Instruments Act, 1881; Accused Failed to Discharge Reverse Burden Under Section 139.

The appellant, Suresh Nakra, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Murugesan Ad...

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Bombay High Court Quashes Disciplinary Proceedings Against Medical Officer in Sexual Harassment Case Due to Procedural Violations and Bias. ICC Inquiry Report and Charge Memorandum Set Aside for Non-Compliance with Section 11 of the Sexual Harassment of Women at Workplace Act, 2013 and Natural Justice.

The petitioner, Dr. Shyam Bihari, a Medical Officer employed by the Nuclear Power Corporation of India Ltd. (NPCIL) since 2005, challenged the Memoran...

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Bombay High Court Allows Petition by Society Members Against Unauthorized Construction and Demolition by Developer. Members have locus standi to challenge illegal construction; administrator must act lawfully.

The petitioners, who are members of the Linking Road Housing Society Limited, filed a writ petition challenging the unauthorized construction and demo...