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Bombay High Court Allows Writ Petition for Overtime Allowance on Revised Pay Scales - Computation Must Be Based on Revised Pay Scales Under Section 59 of Factories Act, 1948

The petitioners, initially appointed as Lower Division Clerks and later promoted as Upper Division Clerks at the Naval Armament Depot, were posted to ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Mundkar Declaration — Res Judicata Not Applicable to Mundkar Proceedings Under Goa Mundkar Act, 1971. Prior Civil Court Eviction Decrees Do Not Bar Mamlatdar from Declaring Mundkar Status as Subject Matter and Relief Are Distinct.

The petitioners, Alfredo M. Rodrigues, Paul S. Rodrigues, and Fatima T. Rodrigues, filed a writ petition under Articles 226 and 227 of the Constitutio...

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Bombay High Court Dismisses State's Application to Modify Final Judgment in Bhama Askhed Project Land Acquisition Case. No Ground Made Out for Extension of Time for Issuance of Notice Under Section 16(2)(a) of Maharashtra Resettlement of Project Affected Persons Act, 1999.

The State of Maharashtra filed a Civil Application seeking modification of a final judgment dated 17 July 2012 passed by a Division Bench of the Bomba...

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High Court of Bombay at Goa Dismisses Petition Challenging Mundkar Status Determination — Flour Mill Not Part of Dwelling House Under Goa Mundkar Act. Concurrent findings of fact by Deputy Collector and Administrative Tribunal upheld as not perverse.

The petitioner, Shri Naguesh V. Bodke, filed a writ petition challenging the orders of the Deputy Collector dated 15.12.2005 and the Administrative Tr...

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Bombay High Court Dismisses Petitioner's Mundkar Claim Against Respondents on Government Land — Act Not Applicable to Government-Owned Land. Section 39 of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 exempts government lands, and Class II occupancy does not confer ownership.

The petitioner, Shankar Babani Halarnkar, filed a writ petition challenging the order of the Administrative Tribunal in Mundkar Revision Application N...

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Bombay High Court Acquits Father in Rape Case Due to Inconsistent Testimony and Lack of Corroboration — Conviction for Rape of Minor Daughter Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Prabhakar Tulshiram Kambale, was convicted by the Sessions Court for Greater Bombay in Sessions Case No. 928 of 2000 for offences under...

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Bombay High Court Allows Second Appeal in Easement Case — Right of Way Established by Prescription. Plaintiffs' claim for easement of necessity fails due to alternative access, but right of way by prescription under Section 15 of Easements Act, 1882 is upheld based on 20 years of uninterrupted user.

The case involves a dispute over a right of way between two branches of the same family. The plaintiffs, Laxman Sagun Vaigankar and Sitabai Sitaram Va...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Railway Project. Publication in Official Gazette and Local Newspapers Held Sufficient Compliance Under Section 4(1) of Land Acquisition Act, 1894.

The petitioners, 70 individuals, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition of their lands for t...