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High Court of Bombay at Goa Allows Writ Petition of Retired Judicial Member of Railway Claims Tribunal — Notification Denying Pension Quashed as Ultra Vires and Unconstitutional. Pension is a right under Article 300A and denial without authority of law is arbitrary and violative of Articles 14 and 16.

The petitioner, Prabhakar H. Parab, a retired Judicial Member of the Railway Claims Tribunal, filed a writ petition under Article 226 of the Constitut...

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Bombay High Court Dismisses Challenge to Construction in CRZ Area, Upholds NGT Order on Environmental Clearance Validity. Construction of hotel building in Colva, Goa, held not to violate CRZ Notification 1991 as it was within permissible floor space index and setback requirements.

The judgment concerns two writ petitions: Writ Petition No. 751 of 2008 filed by Theodore Fernandes and Goencarancho Vorixtte Awaz (an association) ag...

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Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...

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Bombay High Court Dismisses Trust's Challenge to Impleadment of Legal Heir in Change Report Proceedings. Joint Charity Commissioner's Order to Implead Widow of Trust Founder's Son Upheld as Within Jurisdiction Under Section 41A of Maharashtra Public Trusts Act, 1950.

The petitioner, Dr. J. J. Magdum Trust, through its Vice Chairman, filed a writ petition challenging the order dated 18th March 2025 passed by the lea...

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Bombay High Court Allows Reimbursement of Medical Expenses for Government Servant's Mother Under Maharashtra Civil Services (Medical Attendance) Rules, 1961. The court held that the term 'family' includes dependent parents and the impugned rule and circular were ultra vires.

The petitioner, Shri Anil Dattatraya Kulkarni, a judicial officer serving as Civil Judge, Senior Division, Kolhapur, filed a writ petition under Artic...

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Bombay High Court Quashes Criminal Proceedings Against Journalists in Defamation Cases for Lack of Sanction Under Section 197 CrPC. Proceedings under Sections 499, 500 IPC and Section 292 IPC Quashed as Sanction Required for Public Servants Acting in Discharge of Official Duty.

The judgment involves three criminal writ petitions filed by seven petitioners, who are employees of a newspaper, seeking quashing of criminal proceed...

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Bombay High Court Dismisses Writ Petition by Court Officers Seeking Parity in Pension and Retirement Benefits with Higher Judicial Officers. Classification of employees into Class I and Class II based on duties and responsibilities is valid and not discriminatory under Articles 14 and 16 of the Constitution.

The petitioners, fifteen officers of the High Court of Bombay holding positions such as Registrar, Prothonotary, Commissioner for Taking Accounts, Add...

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Bombay High Court Allows Second Appeal in Trust Property Encroachment Case — Defendant Acquitted of Adverse Possession Claim. Suit for Possession by Trust Held Not Barred by Limitation as Encroachment is Continuing Wrong Under Section 23 of Limitation Act, 1963.

The case involves a second appeal filed by Namdeo Khedkar (appellant/defendant) against the judgment of the Joint District Judge, Chandrapur, which re...

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Bombay High Court Upholds Transfer of MCOC Case to Sessions Court for Lack of Jurisdiction — Offence Not Under MCOC Act. Special Court Correctly Found No Organized Crime Syndicate or Continuing Unlawful Activity Under Section 2(1)(e) and Section 3 of MCOC Act.

The case involves two appeals against an order dated 7th October 2011 passed by the Special Court under the Maharashtra Control of Organized Crime Act...