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Bombay High Court Allows Writ Petition Seeking Reference of Industrial Dispute in Employer-Employee Relationship Case. Failure Report by Conciliation Officer Sufficient to Show Existence of Dispute Under Section 10 of Industrial Disputes Act, 1947.

The petitioner, Rajesh Binkar, filed a writ petition against the Secretary, Government of India, Ministry of Labour, and the New India Assurance Co. L...

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Bombay High Court Acquits Accused in POCSO Case Due to Consensual Relationship and Lack of Evidence of Promise to Marry. Conviction under Section 376(2)(i)(n) IPC and POCSO Act set aside as prosecutrix was a consenting minor and no false promise of marriage established.

The appellant, Prashant Ramchandra Kasarkar, was convicted by the Additional Sessions Judge-3, Yavatmal in Special (POCSO) Case 63/2017 for offences u...

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Bombay High Court Acquits Parents in Daughter's Murder Case Due to Lack of Evidence and Unreliable Confession. Retracted Judicial Confession Without Corroboration Cannot Sustain Conviction Under Sections 302, 201, 120-B, 34 IPC.

The case involves an appeal by Kashiram Jairam Pawar and Sakubai Kashiram Pawar, parents convicted for the murder of their daughter Raijabai. The pros...

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Bombay High Court Dismisses Writ Petition Challenging Labour Court Order on Maintainability of Unfair Labour Practice Complaint. The court held that an order refusing to try maintainability as a preliminary issue is not a final order and thus not amenable to writ jurisdiction under Article 226.

The petitioners, Dattaram Panchal and others, filed a complaint before the Labour Court at Mumbai alleging that the first respondent, M/s. Nirlon Limi...

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Bombay High Court Dismisses Probate Petition for Will Dated 1988 Due to Suspicious Circumstances and Failure to Prove Genuine Execution. Court holds that propounder must dispel all suspicions surrounding the will, including unnatural disposition and lack of independent evidence.

The case concerns a testamentary suit filed by Suresh Hemmady, the executor under the will of Mira R. Nadkarni, seeking probate of the will dated 15th...

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Bombay High Court Allows Writ Petition Challenging SARFAESI Act Possession Notice — Bank Directed to Consider One-Time Settlement Offer. Failure to Consider OTS Proposal Before Taking Possession Violates Principles of Fairness and Natural Justice Under Section 13(2) of SARFAESI Act, 2002.

The petitioner, Surendra Nikose, had availed a housing loan from the State Bank of India (respondent). Due to financial difficulties, he defaulted on ...

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Bombay High Court Dismisses Husband's Appeal for Nullity of Marriage on Ground of Sapinda Relationship, Upholds Wife's Right to Maintenance. Marriage Not Void Ab Initio as Customary Exception Proved and Sapinda Relationship Not Established Beyond Doubt Under Section 11 of Hindu Marriage Act, 1955.

The parties, husband and wife, married in January 1981 and separated in July 1981. They lived in a joint family property in Girgaum. The wife filed a ...

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Bombay High Court Allows Second Appeal in Eviction Suit, Holds That Successive Short-Term Agreements Create License Not Tenancy Under Goa Rent Control Act. The court restored the trial court's decree of eviction, finding that the defendant was a licensee whose license had expired.

The case involves a second appeal by the plaintiff, Maria Manuela Piedade Bernadete Tereza Quiteria Moniz, against the judgment of the First Appellate...

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Bombay High Court Dismisses Petition Challenging Labour Court Award in Industrial Dispute. Burden of Proof for Employer-Employee Relationship Lies on the Person Asserting It, Not on the Employer.

The petitioner, Smt. Nirtubai w/o Jayantilal Mahule, challenged the Award dated 7-12-2011 passed by the Labour Court, Gondia, in Reference (IDA) No. 0...