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Bombay High Court Allows Teacher's Petition Against Pay Reduction and Recovery Order — Recovery of Excess Payment Set Aside Due to No Misrepresentation. Pay Fixation Error by Employer Cannot Be Recovered from Employee Without Show Cause Notice.

The petitioner, Premchand Nathu Patil, was appointed as an Assistant Teacher on 16.06.1989 in a secondary school run by respondent No. 5 institute. He...

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Bombay High Court Allows Section 11 Applications in International Commercial Arbitration — Habitual Residence Determined at Time of Agreement. Applicant Residing in UAE at Time of Agreement Held to be Habitually Resident Outside India Under Section 2(1)(f)(i) of Arbitration and Conciliation Act, 1996.

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Identification. Conviction under Sections 302, 324, 452 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Sadashiv Basappa Madgyal, was convicted by the Additional Sessions Judge, Sangli, for offences under Sections 302, 324 and 452 of the I...

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Bombay High Court Upholds Life Imprisonment for Murder in House Trespass Case — Conviction Based on Testimony of Injured Eyewitnesses and Motive of Theft and Removal from Service.

The appellant, Sadashiv Basappa Madgyal, was convicted by the Additional Sessions Judge, Sangli, for offences under Sections 302, 324 and 452 of the I...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Retraction of Statement and Bail Conditions Ignored, Violating Article 22(5) of the Constitution.

The petitioner, son of the detenu Bittu Choith Harchandani, challenged a detention order dated 16.4.2015 passed by the second respondent under Section...

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Bombay High Court Dismisses Petitions Challenging Tribunal's Order Quashing Shortlisting Criteria for Civil Surgeon Selection. Held that prescribing higher qualification not advertised violates Articles 14 and 16 of the Constitution.

The case involves two writ petitions challenging a common judgment of the Maharashtra Administrative Tribunal dated 27 January 2014. The Tribunal had ...

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Bombay High Court Grants Interim Injunction in Copyright Infringement Case Over Hair Colour Product Trade Dress. L'Oreal's artistic work in label/trade dress held entitled to protection against alleged imitation by Henkel.

The plaintiffs, L'Oreal India Pvt. Ltd. and its parent company, filed a suit seeking a permanent injunction against the defendants, Henkel Marketing I...

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Bombay High Court Allows Municipal Corporation's Appeal in Town Planning Dispute Over Demolition Notices. Notices Under Sections 78 and 79 of Bombay Town Planning Act Held Valid Against Alleged Unauthorized Construction.

The case involves a Letters Patent Appeal filed by the Municipal Corporation of Greater Bombay against the judgment of a Single Judge in First Appeal ...

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Bombay High Court Upholds Acquittal in NDPS and Customs Act Case Due to Lack of Evidence and Procedural Lapses. Customs Department Failed to Prove Conscious Possession of Contraband and Compliance with Mandatory Search and Seizure Requirements Under NDPS Act.

The case involves an appeal by the Assistant Collector of Customs, Bombay, against the acquittal of three respondents (original accused) by the Specia...