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Bombay High Court Quashes Rejection of Approval for Shipai Sevak Appointments in Municipal School — Directs Fresh Consideration. Education Officer's Rejection Based on Ban on Recruitment Without Considering Lifting of Ban by Government Resolution is Unsustainable.

The petitioners, Khushal Sadashiv Medhe and Aakash Kailash Sali, filed a writ petition under Article 226 of the Constitution of India before the Bomba...

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Bombay High Court Dismisses Landowners' Challenge to Acquisition for Industrial Development — Petitioners Failed to Prove Lapse Under Section 24(2) of LARR Act, 2013. Compensation Tendered and Possession Taken by MIDC, Acquisition Did Not Lapse.

The petitioners, Ramesh Bapurao Nikhade and Dilipkumar Bapurao Nikhade, along with the legal representatives of Bapurao Dasruji Nikhade, filed writ pe...

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Bombay High Court Allows Appeal in Income Tax Derivative Loss Set-off Case. Loss from derivatives trading on recognized stock exchange held not speculative under Section 43(5)(d) of Income Tax Act, 1961, and can be set off against other business income under Section 70.

The appellant, Souvenir Developers (I) Pvt. Ltd., is a domestic company deriving income from toll collection business and also trading in shares and d...

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Bombay High Court Quashes Defamation Proceedings Against Journalist for Non-Compliance with Section 202 CrPC. Magistrate Failed to Conduct Before Issuing Process When Accused Resided Outside Jurisdiction.

The applicant, head of the Ahmednagar edition of daily Lokmat, sought to quash an order issuing process against him for offences under Sections 500, 5...

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Bombay High Court Dismisses Writ Petition Seeking De-reservation of Lecturer Post and Regularization of Services. Petitioner failed to establish any legal right to de-reservation or regularization under Government Resolution dated 5th December 1994.

The petitioner, Varsha Manohar Dhongade, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at B...

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Bombay High Court Dismisses Appeals in Property Dispute Between Education Society and Nagpur Improvement Trust — Declaration of Ownership Denied Due to Lack of Proof and Limitation. The court upheld the trial court's refusal to grant declaration but maintained the injunction against demolition.

The case involves two second appeals arising from a suit filed by The Shriram Education Society and others (appellants in SA 19/2013) against the Nagp...

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Bombay High Court Quashes Addition of Accused in Defamation Case Due to Lack of Application of Mind by Magistrate. Magistrate's Order Allowing Amendment of Complaint Without Recording Reasons Held Unsustainable Under Section 482 CrPC.

The applicants (Vijay Jawaharlal Darda, Nirmal Khushalchand Darda, Suresh Janardhan Dwadashiwar, Rajendra Jawaharlal Darda, and Kishore Sureshchandra ...

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Bombay High Court Quashes Complaint in Defamation Case for Want of Sanction Under Section 197 CrPC — Complaint Against Public Servant for Acts in Discharge of Official Duty Requires Prior Sanction, Proceedings Quashed.

The applicant, Deepak Mallaji Atram, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of a judgment da...

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Bombay High Court Upholds Industrial Court Order for Full Back Wages and Retrenchment Compensation to Workmen in Unfair Labour Practice Case. Company's Claim of Financial Difficulty and Closure Not Sufficient to Deny Workmen's Entitlement Under MRTU & PULP Act, 1971.

The petitioner, D.G.P.Windsor (India) Ltd., challenged an order dated 22nd September 2005 passed by the Industrial Court, Thane in Complaint (ULP) No....

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Bombay High Court Allows Appeal in Industrial Dispute Case — Termination of Workmen Held Illegal for Non-Compliance with Section 25-F of Industrial Disputes Act, 1947. Employer Failed to Prove Abandonment of Service by Workmen, and Reinstatement with Back Wages Upheld.

The appellant, M/s. Indo-European Breweries Ltd, filed a Letters Patent Appeal against the order of the learned Single Judge in Writ Petition No. 3212...