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Bombay High Court Quashes FIR Against Clerk in Gunthewari Irregularity Case — No Role in Sanctioning Proposals. Applicant, a clerk with no authority in sanctioning Gunthewari proposals, had FIR quashed under Section 482 CrPC as continuation would be abuse of process.

The applicant, Goroba Vitthal Aavachar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing...

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Supreme Court Quashes Externment Order in Maharashtra Police Act Case Due to Procedural Lapses and Lack of Evidence. Externment Order Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 Found Legally Unsustainable as Based on Vague Allegations and Pending Criminal Cases Challenged as Malicious.

The appeal arose from a judgment of the Nagpur Bench of the Bombay High Court, which dismissed a criminal writ petition challenging an externment orde...

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Bombay High Court Dismisses Habeas Corpus Petition by Parents Seeking Custody of Minor Child from Grandmother. Court holds that detention of child by grandmother is not illegal and that welfare of child is paramount, directing parents to seek custody through appropriate family court proceedings.

The petitioners, parents of a minor child named Anurag, filed a writ of habeas corpus before the Bombay High Court seeking production of their son and...

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Bombay High Court Allows Petitions Challenging Demolition Notices for Non-Conforming Structures in Bhiwandi — Held That Show-Cause Notice Must Precede Demolition Order Under Section 53 of Maharashtra Regional and Town Planning Act, 1966.

The petitioners, owners of structures in Bhiwandi, received demolition notices from the Commissioner of Bhiwandi Nizampur City Municipal Corporation u...

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Bombay High Court Restrains Disqualification of Corporator Pending Caste Scrutiny - Section 5B Maharashtra Municipal Corporation Act, 1949. Court holds that disqualification under Section 5B cannot be invoked until the decision of the caste claim is communicated to the Municipal Corporation.

The Petitioner, Mrs. Anuradha Sudhakar Katkar, was elected as a Corporator of the Solapur Municipal Corporation in February 2017, contesting from an O...

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Bombay High Court Allows Wakf Board's Second Appeal in Property Dispute Over Dargah and Graveyard. Court Holds That Wakf Board Can Sue for Declaration and Possession Without Prior Notification Under Section 6 of Wakf Act, 1954, and That Adverse Possession Cannot Be Claimed Against Wakf Property.

The appellant, Maratwada Wakf Board, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment of the fir...

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Bombay High Court Upholds Validity of 50% Reservation for Women in Gram Panchayats — Rule 3(1)(c) of Maharashtra Village Panchayats (Reservation of Seats for Women) Rules, 1995 Held Intra Vires the Bombay Village Panchayats Act, 1958 and Article 243D of the Constitution.

The case involves a Letters Patent Appeal filed by Shri Tatyasaheb Ramchandra Kale against the judgment of a Single Judge of the Bombay High Court dis...

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Bombay High Court Allows Writ Petitions Challenging Termination of Apprentice Employees in Zilla Parishad — Violation of Natural Justice and Section 25F of Industrial Disputes Act, 1947. Termination of apprentices without inquiry or notice held illegal as they were 'workmen' under the Act.

The judgment concerns a batch of writ petitions filed by 21 individuals who were engaged as apprentices by the Zilla Parishad, Wardha, under the Appre...