Search Results for "consent irrelevant"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

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High Court

Bombay High Court Quashes Recovery Order Against Retired Librarian in Leave Encashment Dispute — Pension Scheme Applicability Determines Entitlement. Leave encashment held to be a retiral benefit available to employees covered under the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Codes (Terms and Conditions of Service of Non-Teaching Employees) Rules, 1984, and recovery without opportunity of hearing is unsustainable.

28 Apr 2023

The petitioner, Pramod Prabhakarrao Deshmukh, was appointed as Assistant Librarian at respondent 5 institution on 1 October 1982 and superannuated on ...

High Court

Bombay High Court Quashes Criminal Defamation Proceedings Against Advocate for Publishing Notice of Revocation of Power of Attorney. Publication of a legal notice in newspaper cautioning public not to deal with property based on revoked power of attorney does not constitute defamation under Section 500 IPC as it is a privileged communication made in good faith for protection of client's interest.

7 Jun 2023

The applicant, an advocate, filed an application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 04.02.2017 pass...

High Court

Bombay High Court Allows Writ Petition Challenging Reassessment Notice Issued to Dead Person Under Section 148 of Income Tax Act, 1961 — Notice and Reassessment Order Void Ab Initio. Legal Heir's Participation Under Protest Does Not Cure Jurisdictional Defect.

13 Jul 2023

The petitioner, Shri Devendra S/o Vasudeo Jambhulkar, is the son and legal heir of late Vasudeo Damduji Jambhulkar, who was an income tax assessee wit...

High Court

Bombay High Court Allows Accused's Discharge in Corruption Case Due to Lack of Valid Sanction Under Section 19 of Prevention of Corruption Act, 1988. Absence of Sanction from Competent Authority Renders Prosecution Void and Accused Entitled to Discharge.

26 Jul 2023

The case involves a criminal application filed under Section 482 of the Code of Criminal Procedure, 1973 by the applicant/accused, Kamlakar Sharad Vis...

High Court

Bombay High Court Dismisses Workmen's Petition Challenging Industrial Tribunal Award Rejecting Wage Enhancement Claim. Court upholds Tribunal's finding that Memorandum of Settlement dated 29 April 2008 was not binding on employer as workmen failed to establish employer's membership in signatory association.

25 Aug 2023

The petitioners, three workmen, filed a writ petition under Article 226 of the Constitution of India challenging an Award dated 28 August 2019 passed ...

High Court

Bombay High Court at Goa Allows Writ Petitions Challenging Caste Certificate Scrutiny Committee's Adverse Order and Termination of Service — Petitioner's Caste Claim as 'Thakar' (Scheduled Tribe) Upheld Based on Valid Documents and Precedent. The Court held that the Scrutiny Committee's order was perverse and set aside the termination, directing reinstatement with continuity of service.

1 Aug 2023

The petitioner, Dhanraj Yadaorao Parate, was appointed as a Peon in the Mormugao Port Trust in 1982 based on his caste certificate showing him as 'Tha...

High Court

Bombay High Court Allows Writ Petition Challenging Termination of Peon Without Enquiry. Termination Order Held Stigmatic as It Referred to Prior Communications Alleging Misconduct, Requiring Disciplinary Enquiry Under Section 81 of Maharashtra Public Universities Act, 2016.

11 Aug 2023

The petitioner, Sushind Kisan Rathod, was employed as a Peon at Rajashree Shahu Science College, Chandur Railway, which is run by respondent no.2, Atu...

High Court

Bombay High Court Dismisses Petition Challenging NOC Requirement for Construction Near Naval Area. Court holds that the requirement of NOC from Naval authorities for construction within 500 meters of naval installation is valid and not arbitrary.

27 Sep 2023

The petitioners, Dolby Builders Private Ltd. and its shareholder Girish Agarwal, filed a writ petition challenging the requirement of a No Objection C...

High Court

Bombay High Court Upholds Co-operative Appellate Court's Order Setting Aside Termination and Awarding Compensation in Lieu of Reinstatement. Employee's termination by Suvarnayug Sahakari Bank set aside; compensation of Rs. 35,00,000 awarded instead of back-wages.

6 Oct 2023

The judgment concerns three writ petitions arising from a dispute between Suvarnayug Sahakari Bank Ltd. (the Bank) and its former employee, Suresh Shi...

High Court

Bombay High Court Allows Petition Against Thane Municipal Corporation's Abeyance of Buy-Back Policy - Promissory Estoppel Applied. The court held that the Corporation could not resile from its policy after the petitioners acted on it to their detriment under the Maharashtra Regional and Town Planning Act, 1966.

1 Nov 2023

The petitioners, Sheth Developers Pvt Ltd and Ashwin Natwarlal Sheth, acquired development rights over land from Voltas Ltd in 2003. In 2016, the Maha...

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