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Bombay High Court Upholds University Tribunal's Order in Part — Lecturer's Appointment Without NET/SET or Ph.D. Held Invalid, but Salary for Work Done Granted. Minority Institution's Right to Administer Does Not Extend to Appointing Ineligible Candidates Under Maharashtra Universities Act, 1994.

The judgment concerns two writ petitions arising from an order of the University and College Tribunal, Aurangabad, in Appeal No. BAMU-02/2013. The Hin...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

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Bombay High Court Allows Employer's Writ Petitions Challenging Labour Court Awards of Reinstatement Without Back Wages. Held that daily wage employees who worked for less than 240 days in a year are not entitled to reinstatement under Section 25-F of the Industrial Disputes Act, 1947.

The judgment involves a batch of writ petitions filed by the employer, Dainik Bhaskar Group (D. B. Corp Ltd), challenging the awards of the Labour Cou...

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Bombay High Court Allows State's Petition to Uphold Deputation of Medical Officer During COVID-19 Pandemic. Epidemic Disease Act, 1897 and Maharashtra COVID-19 Regulations, 2020 empower the State to depute doctors without consent during a public health emergency.

The State of Maharashtra, through the Secretary, Medical Education & Drugs Department, Dr. T.P. Lahane (Director, Medical Education & Research), and G...

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Bombay High Court Quashes FIR Against Chief Officer in Idol Dumping Case — No Intent to Insult Religion Found. Section 295 IPC requires deliberate and malicious intention to outrage religious feelings, which was absent as the applicant acted in discharge of official duties.

The applicant, Dhondiba Irba Namwad, was the Chief Officer of Municipal Council, Khamgaon, District Buldhana. He filed a criminal application under Se...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Full Back Wages for Dismissed Temporary Employee — Dismissal Without Enquiry Violates Natural Justice.

The petitioners, the Principal of Industrial Training Institute, Khamgaon and the Deputy Director of Vocational Education and Training, challenged the...

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Bombay High Court Dismisses Petitioner's Challenge to Disqualification from Tender for Violation of Non-Compete Clause. Clause 8.31 of Licence Agreement Between GTI and JNPT Prohibited Promoters from Bidding for Competing Projects, and Subsequent Government Policy Could Not Be Read into Existing Contract.

The petitioner, APM Terminals B.V., a Dutch company, along with Container Corporation of India Ltd (CONCOR), formed a joint venture company called Gat...