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Bombay High Court Allows Writ Petition for Leave Encashment Withheld by Employer After Superannuation. Withholding of leave encashment on ground of pending departmental inquiry is impermissible as leave encashment is a vested right and not a gratuity or pension.

The petitioner, Pradip Kumar Roy, was appointed as a Junior Executive Trainee in CMPDI, Ranchi on 01/07/1981 and later transferred to the respondent-C...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witnesses and Lack of Proof of Demand. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988.

The appellant, Smt. Shobha Sonba Raut, was serving as Sub-Divisional Officer and Land Acquisition Officer at Osmanabad. The complainant, Dattatraya Ar...

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Bombay High Court Dismisses Petitions Challenging Process in Dishonour of Cheque Cases Against Directors of Co-operative Society. Vicarious Liability Under Section 141 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Day-to-Day Affairs.

The judgment arises from two criminal writ petitions filed by the petitioners, who are directors of a co-operative society, challenging the orders pas...

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Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Rs.1 Crore Based on Negotiable Instrument. Triable Issues Raised Regarding Consideration and Liability of Defendants Under Order XXXVII CPC.

The plaintiff, Parag Jyotindra Gandhi, filed a commercial summary suit against the defendants, Jayant Narendra Mehta and Others, to recover a sum of R...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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Bombay High Court Dismisses PIL Seeking Regulation of Time Share Companies as Collective Investment Schemes Under SEBI Act. Court Holds That Time Share Arrangements Do Not Constitute Collective Investment Schemes and That Grievances Are Contractual in Nature.

The petitioner, M/s Securities & Time Share Owners Welfare Association, filed a public interest litigation seeking a direction to the Securities and E...

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Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Rajendra Suryakant Kapile, was a Senior Clerk in the Sub-Regional Provident Fund Office, CIDCO, Aurangabad. The complainant, Dharamchan...

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Bombay High Court Allows Teachers' Petition for Pay Revision Benefits - Discrimination in Pay Scales Violates Article 14. Teachers in aided schools are entitled to same pay scales as government school teachers under Goa School Education Act, 1984.

The petitioners, six teachers employed in aided and government schools in Goa, filed a writ petition seeking the benefit of revision of pay scales on ...

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Bombay High Court Allows Public Interest Litigation Seeking Directions to Media Not to Disclose Rape Victim Identity. Court Holds That Section 228-A IPC and Supreme Court Directions in Nipun Saxena Case Must Be Strictly Followed by Print and Electronic Media.

The petitioner, Sangita Tanpure, the mother of a rape victim, filed a Public Interest Litigation before the Bombay High Court seeking directions to th...