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Bombay High Court Quashes Transfer Order of Police Officer Mother of Child with Autism on Humanitarian Grounds. Rights of Persons with Disabilities Act, 2016 invoked to exempt from routine transfer due to child's severe autism requiring constant maternal proximity.

The petitioner, Mrs. Devyani C. Naik, a Lady Police Sub-Inspector with 22 years of service, filed a writ petition under Article 226 of the Constitutio...

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Bombay High Court Dismisses Bank Employee's Petition Challenging Dismissal for Availing Housing Loan Without Construction. Labour Court's findings of fair enquiry and non-perverse findings are upheld; no interference under Article 226.

The petitioner, an employee of SVC Co-operative Bank Ltd., was dismissed from service after a domestic enquiry found him guilty of availing a housing ...

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Bombay High Court Allows Petition Challenging Award Denying Subsistence Allowance for Failure to Mark Attendance During Suspension. Suspended Employee Not Required to Attend Factory Daily for Subsistence Allowance Under Industrial Employment (Standing Orders) Act, 1946.

The petitioner, M/s. Hindustan Level Employees Union, challenged an Award dated 13.08.2014 which rejected a Reference concerning denial of subsistence...

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Bombay High Court Allows Writ Petitions Challenging Rejection of Objections to Nomination in Cooperative Society Elections. Held that the Returning Officer must decide objections on merits and cannot reject them on the ground that the objector is not a candidate.

The petitioner, Shivaji Bapurao Raut, a member of the Vividh Karyakari Seva Sahakari Sanstha Marya., Ardhamasala, challenged the rejection of his obje...

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Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act, 1985. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable.

The appellant, Sheikh Mehboob Sheikh Hussain, was convicted by the learned Special Judge (NDPS Court), Nagpur, in Special Criminal Case No.47/2001 und...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

The appellant, Vijay Dhanbahadur Thapa, was convicted by the Special Judge, Mapusa, in Special Criminal Case No. 12/2008 for an offence punishable und...

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Bombay High Court Dismisses Landlord's Challenge to Cancellation of NOC for Redevelopment Due to Misrepresentation of Tenant Status. Landlord's Failure to Disclose Correct Residential Status of Tenants Renders Permission Void Ab Initio Under DCR 33(7) and MHADA Act.

The petitioners, Dahyabhai Papers & Boards Pvt. Ltd. and another, owned a dilapidated cessed building in Mumbai. They applied for redevelopment under ...