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Bombay High Court Dismisses PIL Challenging Construction as Not Maintainable Due to Personal Interest and Availability of Alternative Remedy. Petitioner failed to disclose pendency of civil suit and lacked bona fide public interest, making PIL an abuse of process.

The petitioner, Sharad Nago Chinawale, filed a Public Interest Litigation under Article 226 of the Constitution of India before the Bombay High Court,...

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Bombay High Court Allows Petitions Challenging Settlement in Industrial Dispute for Breach of Section 12 of Industrial Disputes Act and Rule 11 of Industrial Disputes (Bombay) Rules. Settlement Dated 5.9.2008 Quashed as Void Ab Initio for Non-Compliance with Mandatory Conciliation Procedure.

The judgment concerns two writ petitions challenging a settlement dated 5.9.2008 arrived at in conciliation between NRC Limited (the company) and NRC ...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Excess Payment Case — Recovery from Pension Without Opportunity of Hearing Violates Natural Justice. Recovery of Rs.1,35,513/- from pension of retired Extension Officer set aside for non-compliance with principles of natural justice.

The petitioner, Dattatraya s/o Kalu Patil, was appointed as Extension Officer (Statistics) by the Zilla Parishad, Jalgaon on 19.10.1994. He was grante...

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Bombay High Court Dismisses Petitions Challenging Transfer of Employees from Municipal Corporation to State Government. Transfer of employees under Section 451 of Mumbai Municipal Corporation Act, 1888 held valid as in public interest and for better administration.

The judgment involves multiple writ petitions filed by employees of the Brihanmumbai Municipal Corporation (BMC) challenging their transfer to the Sta...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Revision Case for Lack of Proper Inquiry. Commissioner's order under Section 263 set aside as no inquiry was conducted before passing the revision order.

The appeal by the Revenue under Section 260A of the Income Tax Act, 1961, challenged the order of the Income Tax Appellate Tribunal which had set asid...

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Bombay High Court Dismisses Petition Challenging Retirement Age Reduction by National Textile Corporation. Division Bench precedent upholding rollback from 60 to 58 years held binding.

The petitioners, three employees of India United Mills prior to its nationalization under the Sick Textile Undertakings (Nationalization) Act, 1974, c...

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High Court of Karnataka Adjudicates Batch of Petitions Challenging Forest Development Tax Notification on Mining Leases; Examines Legislative Competence under Karnataka Forest Act and Forest (Conservation) Act.

A batch of writ petitions was filed before the High Court of Karnataka challenging the validity of Notification No. FEE/23/2007-08 dated 16.08.2008 is...