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Bombay High Court Dismisses Petition of CISF Constable Challenging Removal from Service for Unauthorized Absence. Disciplinary Authority's Order of Removal Upheld as Not Disproportionate to Misconduct of Absence Without Leave for Over 8 Months.

The petitioner, a constable in the Central Industrial Security Force (CISF), was removed from service by an order dated 7th May 2012 issued by the Com...

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Bombay High Court Upholds Minor Penalty on Government Employee in Disciplinary Proceeding for Unauthorized Absence. Withholding of One Increment for Two Years Held Proportional Under Rule 11(iv) of CCS (CCA) Rules, 1965.

The petitioner, Mr. Hanamatrao M. Kulkarni, was a Junior Engineer (Electrical) in the Electricity Department, Government of Goa, recruited in 1983. He...

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Bombay High Court Upholds Detention of Defendant for Willful Disobedience of Injunction in Partition Suit — Sale of Property After Service of Injunction Order Constitutes Contempt Under Order XXXIX Rule 2-A CPC.

The case arises from a partition suit filed by respondent no.1 (original plaintiff) seeking 1/5th share in suit property claimed to be joint family pr...

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Bombay High Court Upholds Juvenile Board's Decision to Try Older Juvenile as Adult in Murder Case — Section 15 of Juvenile Justice Act, 2015 Requires Individualized Assessment of Physical and Mental Capacity to Commit Offence.

The case involves two juveniles, aged 17.5 years and 16.5 years, accused of murdering a three-and-half-year-old child. The Juvenile Justice Board, aft...

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Bombay High Court Acquits Accused in Dacoity Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Section 395 IPC set aside as test identification parade was not conducted and recovery of stolen property was not proved beyond reasonable doubt.

The case arises from three criminal appeals filed against the judgment and order of the Additional Sessions Judge, Omerga, in Sessions Case No. 19/201...

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Bombay High Court Acquits Accused in Counterfeit Currency Case Due to Lack of Mens Rea. Conviction under Section 489(B) IPC set aside as prosecution failed to prove that the accused knew or had reason to believe the currency notes were counterfeit.

The appellant, Mohammad Yunus Abdul Mannan Shaikh, was convicted by the Additional Sessions Judge, Shrirampur, for an offence under Section 489(B) of ...

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Bombay High Court Upholds Conviction of Appellant for Rape of Deaf and Dumb Girl with Down Syndrome. Circumstantial Evidence Including Testimony of Mother and Brother, Medical and Forensic Reports Sufficient to Prove Guilt Under Section 376 IPC.

The appellant, Niranjan Dharma Jadhav, was convicted under Section 376 of the Indian Penal Code (IPC) for committing rape on a deaf and dumb girl suff...

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Bombay High Court Allows Writ Petition Against Licensing Authorities for Erroneous Licence Leading to 20 Years of Litigation. Petitioner Firm Penalised for Lapses of Licensing Authorities; Court Grants Relief Based on Fair Admission by Respondents.

The petitioner, M/s. General Instruments Co., a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition in the Bomba...

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Bombay High Court Upholds Dismissal of Employee for Unauthorized Absence Despite Guilty Plea and Medical Claims. Employer's Disciplinary Action Upheld as Enquiry Was Fair and Employee Admitted Absence Voluntarily.

The respondent, Premchand, joined Indian Airlines Ltd. as an Airconditioning technician on 18th March 1983 and was later confirmed. On 23rd June 2000,...