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Bombay High Court Acquits Tax Superintendent in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Vijaykumar Marotrao Daiwalkar, was a Tax Superintendent in the Municipal Council, Chandrapur. He was convicted by the Special Judge, Ch...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Motive. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The case pertains to an appeal filed by five accused persons against their conviction under Section 302 read with Section 34 of the Indian Penal Code,...

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Bombay High Court Partially Allows Writ Petition Challenging Retirement of Operatives Under Wrong Standing Orders — MRTU & PULP Act, 1971. Industrial Court directed to decide whether petitioners are Operatives governed by Standing Order 20-A or non-operatives under Model Standing Orders.

The petitioners, three employees of M/s Kohinoor Mills (a unit of NTC Ltd.), filed a writ petition under Article 226 of the Constitution challenging t...

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Bombay High Court Allows Writ Petition Challenging Termination of Employee by MSRTC — Violation of Section 25-F of Industrial Disputes Act, 1947. Termination without notice or compensation held illegal and set aside.

The petitioner, M.A. Azim, was employed as a clerk with the Maharashtra State Road Transport Corporation (MSRTC) from 3 June 1968 and was promoted to ...

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Bombay High Court Upholds Conviction for Culpable Homicide Not Amounting to Murder in Scissor Assault Case. Appellant convicted under Section 304 Part II IPC for causing death by a single scissor blow during a sudden quarrel, without premeditation.

The appellant, Kamrujama Abdul Rashid Sayyed, was convicted by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 955/1988 for the of...

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Bombay High Court Upholds School Tribunal's Compensation Award for Illegal Termination of Teachers Under MEPS Act. Termination Without Prior Approval of Education Officer Held Illegal, but Back Wages Limited to One Year's Salary as Reinstatement Not Feasible Due to Superannuation.

The judgment involves four writ petitions arising from a dispute between two retired teachers, Baburao Dahat and Sulbha Hejib, and their employer, Jaw...

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Bombay High Court Dismisses Petition of ONGC Employee Alleging Victimization for Whistleblowing — Promotion Not a Fundamental Right. Employee Failed to Establish Arbitrariness or Mala Fides in Denial of Promotion and Disciplinary Action.

The petitioner, Kuldeep Kumar Sethee, an officer of Oil and Natural Gas Corporation Limited (ONGC), filed a writ petition alleging that he was denied ...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Sole Eye Witness Testimony. Conviction under Section 302 IPC read with Section 34 IPC set aside as evidence lacked corroboration and credibility.

The case arises from the murder of Damu, a history sheeter and country liquor maker, on 10th August 2002 at 7:30 a.m. in village Virsi. The prosecutio...

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Bombay High Court Dismisses Writ Petition Challenging Compulsory Retirement and Seeking Promotion in Municipal Service — Petitioner Failed to Establish Legal Right to Promotion and Compulsory Retirement Was Upheld as Valid Exercise of Power Under Service Rules.

The petitioner, Choudhari Mohd. Abdul Kadar, was appointed as a Junior Clerk in the Udgir Municipal Council on 13 January 1970. He alleged that in 198...

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Bombay High Court Allows Reference in Sales Tax Case — Sale to Purchaser's Branches in Another State Constitutes Inter-State Sale Under Section 3(a) of Central Sales Tax Act, 1956. Movement of Goods from Maharashtra to Vapi and Silvasa Occasioned by Sale, Hence Inter-State Sale.

The applicant, M/s K.C. Metal Industries, a manufacturer and seller of copper strips and bars registered under the Bombay Sales Tax Act, 1959 and the ...