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Bombay High Court Dismisses Petition of Bus Conductor Challenging Dismissal for Misappropriation of Rs.195. Past Service Record of 15 Minor Punishments Considered Aggravating Factor; Punishment Not Shockingly Disproportionate.

The petitioner, a bus conductor with the Maharashtra State Road Transport Corporation (MSRTC), was found to have misappropriated Rs.195 by allowing 15...

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Bombay High Court Allows Revision Application in Suit for Specific Performance — Court Holds That Dismissal of Suit for Default Under Order 9 Rule 8 CPC Cannot Be Converted Into a Decree on Merits Without Proper Application of Mind.

The present Civil Revision Application arises out of a suit for specific performance of contract filed by the applicant (original plaintiff) against t...

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Bombay High Court Allows Revision of Examination Order in Civil Suit — Right to Begin Evidence Not Absolute. Order 18 Rule 1 CPC permits court to direct which party shall begin, but such order can be reconsidered if circumstances change or if earlier order was passed without hearing the other side.

The petitioners, original defendant nos.1, 2, and 3 in Regular Civil Suit No.273/2013, challenged the order dated 15.10.2018 passed by the Civil Judge...

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Supreme Court Dismisses Appeals Claiming Easementary Rights Over 20ft Wide Road — Pleadings Must Specifically Allege 20-Year User for Prescription Under Section 15 of Indian Easements Act, 1882. Easement of Necessity Requires Proof of Absolute Necessity and Common Origin, Which Was Not Established.

The dispute pertains to easementary rights over a 20ft wide road situated on land Survey No.57 Hissa No.13A/1 owned by the respondents (Ramani's). The...

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Bombay High Court Allows Writ Petition in Service Matter Due to Failure to Frame Preliminary Issues in Disciplinary Enquiry. Labour Court and Industrial Court Orders Set Aside for Non-Compliance with Mandatory Procedure Under MRTU & PULP Act.

The petitioner, Pralhad Waman Lahane, was employed as a Banking Inspector at the Jalna District Central Co-operative Bank Ltd. He joined as a Clerk on...