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Madras High Court Allows State’s Appeal, Sets Aside Single Judge’s Order for Retrospective Promotion under G.O.Ms.No.1170. Court holds that relaxation of service rules is discretionary, cannot be claimed as right, and cannot be applied retrospectively after retirement.

The matter arose from a service dispute wherein a Panchayat Assistant, appointed in 1979 and later transferred as Junior Assistant in 1999 under a 10%...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Full Backwages in Hospital Employee Dispute. Employer's Claim of Voluntary Resignation Rejected Due to Lack of Evidence and Failure to Prove Abandonment of Service.

The petitioner, M/s. Ashwini General Hospital & Intensive Care Centre, challenged an award dated 6 November 2017 passed by the Presiding Officer, Labo...

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Bombay High Court Quashes Invalidation of Mana Scheduled Tribe Certificate and Termination Order Due to Non-Compliance with Natural Justice. Committee Failed to Provide Documents and Opportunity to Cross-Examine, Rendering Scrutiny Order Unsustainable.

The petitioner, Umesh Ganeshrao Jambhore, challenged the order dated 09/08/2021 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Am...

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Bombay High Court Holds Defendant Guilty of Contempt for Willful Disobedience of Injunction in Copyright and Passing Off Case. Defendant's Continued Use of Deceptively Similar Trade Dress Despite Court Order Constitutes Contempt Under Order 39 Rule 2-A CPC.

The Plaintiff, Cargil India Private Limited, a subsidiary of Cargil Inc., is engaged in the business of edible oils and holds copyright in the packagi...

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Bombay High Court Acquits Appellant in Corruption Case Due to Lack of Evidence of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Tukaram Parshuram Mane, was convicted by the Special Judge, Gadhinglaj for offences under Sections 7 and 13(2) of the Prevention of Cor...

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Bombay High Court Allows Petition Challenging Seniority Fixation in Education Service — Violation of MEPS Rules. Seniority of Headmaster fixed below later-appointed teacher set aside for non-compliance with Rule 12 of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.

The Petitioner, Pramod Devaram Bhangale, was appointed as an Assistant Teacher in Vidya Prasarak Mandal's Secondary School, Balkum, Thane on 9th June ...