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Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

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Bombay High Court Dismisses Petition Challenging Restriction of 3% Reservation for Physically Handicapped in PG Medical Admissions to Locomotory Disability Only. Visually Impaired Candidate Cannot Claim Reservation as Functional Requirements of Medical Course Justify Classification Under Article 14.

The petitioner, Dr. Syed Abdul Wahab Abdul Aziz, a visually impaired medical officer employed by the State of Maharashtra, challenged the norms restri...

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Bombay High Court Dismisses Employer's Petition Challenging Interim Reinstatement Order in Unfair Labour Practice Case. Labour Court's Direction to Reinstate Workman with Full Wages Pending Complaint Upheld as Proper Exercise of Power Under Section 30(2) of MRTU & PULP Act.

The petitioner, Mahindra & Mahindra Limited, challenged an order of the Industrial Court, Mumbai dated 25th October 2005, which dismissed its revision...

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Bombay High Court Upholds Reinstatement Order with Modified Back Wages in Industrial Dispute — Workman's Union Activities Led to Dismissal; Labour Court's Order Upheld with 80% Back Wages.

The judgment arises from cross writ petitions challenging an order dated 25th March 1998 passed by the First Labour Court, Bombay, in Reference (IDA) ...

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Bombay High Court Upholds MACT Award in Motor Accident Claim Despite Insurance Company's Breach of Policy Conditions Defense. Insurer Liable to Pay Compensation to Third Party Victims with Right to Recover from Owner Under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 5th May 2003, when a Dumper knocked down Farida Shabbir, who was proceeding on her scooter, res...

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Bombay High Court Dismisses Revenue's Reference Application in Customs Duty Evasion Case Due to Inordinate Delay. Application filed under Section 130 of Customs Act, 1962 for reference of questions of law from CEGAT order held time-barred as delay of 240 days not explained.

The Commissioner of Customs (Import) filed an application under Section 130 of the Customs Act, 1962 seeking a reference to the High Court of certain ...

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Bombay High Court Dismisses Petitions Challenging CAT Order Quashing Seniority List. Seniority of Direct Recruit Inspectors Cannot Be Antedated Over Promotees Without Following DoPT OM and Recruitment Rules.

The case involves a challenge to the seniority list dated 07.12.2021 and paragraph 7(iii) of DoPT OM dated 13.08.2021 by promotee Inspectors (Examiner...