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Bombay High Court Dismisses Petition for Promotion to Law Officer Post in Municipal Corporation — Petitioner Not Entitled to Promotion as Appointment Was by Direct Recruitment and Petitioner Did Not Meet Eligibility Criteria.

The petitioner, Sanghmitra R. Sandansing, filed a writ petition seeking a direction to the Municipal Corporation of Greater Mumbai to promote her to t...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Accidental Fall Not Suicide. Death of a passenger falling from a train and being run over is an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and the railway is liable for compensation under Section 124-A.

The present appeal was filed by the appellants, Ramesh Laxmanrao Dighade and Mrs. Sindhu w/o Ramesh Dighade, being aggrieved by the judgment and award...

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Bombay High Court Allows Teachers' Petitions Challenging Refusal of Approval and Salary — Education Officer Cannot Refuse Approval on Ground That Vacancy Arose Prior to Government Resolution Dated 29-10-2005. Teachers Entitled to Salary from Date of Initial Appointment.

The judgment concerns a batch of writ petitions filed by teachers who were appointed by various educational institutions in Maharashtra. The Education...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Allows Head Master's Petition in Dismissal Case Due to Procedural Violations and Inadequate Inquiry. Dismissal order set aside as disciplinary authority failed to consider representation and inquiry officer's report was not furnished to the petitioner.

The petitioner, Madan s/o Lahanu Khadse, was working as Head Master in the Government Secondary Ashram School, Pandhurna, Tq. Ashti, Dist. Wardha. He ...

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Bombay High Court Upholds Interim Injunction in Shareholder Dispute Over Share Transfer Agreement — Agreement dated 14th June 2019 Held Valid and Enforceable.

The dispute arises out of a Share Purchase Agreement dated 14th June 2019 between the Kamdar Group (appellants) and the Sanghvi Group (respondents) fo...

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Bombay High Court Allows Petition of Peon Penalized for Turning Hostile in Criminal Trial, Holds That Hostility in Court Cannot Be Ground for Disciplinary Action. Witnesses Are Not Bound to Adhere to Previous Statements, and Penalty of Reduction to Minimum Pay Scale Permanently Set Aside.

The petitioner, Abdul Rauf Mohammed Khaja, was employed as a Peon (Watchman) in the Collector Office, Nanded. Disciplinary proceedings were initiated ...

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Bombay High Court Partially Allows Petition Against Ban on Transport of Banned Food Products Through Maharashtra. Inter-State Transport of Banned Products Not Prohibited Under Section 30(2)(a) of Food Safety and Standards Act, 2006.

The petitioners, including the driver, cleaner, owner of a truck, and a transporter, challenged an order dated 15/7/2020 issued by the Food Safety Com...