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Bombay High Court Allows Municipal Corporation's Petition to Dismiss Corrupt Employee Despite Minor Wage Deduction. Serious misconduct of diverting octroi refund and receiving illegal gratification outweighs technical non-compliance under Section 33(2)(b) of Industrial Disputes Act, 1947.

The Petitioner, Municipal Corporation of Greater Mumbai, challenged the judgment and order dated 7 May 2010 passed by the Industrial Tribunal, Mumbai,...

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Supreme Court Acquits Appellant in Passport Fraud Case Due to Lack of Evidence and Principle of Parity. Conviction under Section 420 IPC and Passports Act set aside as co-accused with similar role were acquitted and prosecution failed to prove guilt beyond reasonable doubt.

The appellant, accused No.2, was convicted under Section 420 IPC read with Section 12(2) of the Passports Act, 1967 for allegedly facilitating the iss...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail in Main Offence Not Considered, Rendering Subjective Satisfaction Invalid.

The petitioner, father of the detenu, challenged the preventive detention order dated 13th November 2019 passed by the Commissioner of Police, Railway...

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High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused Who Did Not Enter Witness Box. Acquittal Set Aside as Perverse; Accused Convicted and Fined ₹2,50,000 with Compensation to Complainant.

The appellant, Ivan Singh, filed a criminal appeal against the acquittal of the respondent, Shivaji Tukaram Naik, by the Judicial Magistrate First Cla...

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Bombay High Court Allows Arbitration Petition to Appoint Sole Arbitrator in Mining Lease Dispute. Court holds that existence of arbitration clause in the agreement is sufficient to refer parties to arbitration under Section 11 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996. The first petition was filed by ...

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High Court of Bombay at Goa Upholds Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Defence of Blank Cheque Given as Security, Leading to Confirmation of Sentence Under Section 138 of Negotiable Instruments Act, 1881.

The case arises from a complaint filed by the respondent (complainant) against the petitioner (accused) under Section 138 of the Negotiable Instrument...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of Negotiable Instruments Act, 1881 must be proved by actual delivery or proper postal endorsement; mere dispatch is insufficient.

The petitioner, Ananda Rao Kanthamaneni, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Co...

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Bombay High Court Dismisses Writ Petition of Stamp Vendor-Postman Challenging Reduction in Pay for Misappropriation of Rs.330/-. Disciplinary action upheld as punishment was not disproportionate and findings were based on evidence.

The petitioner, Shailendra Sahedeo Mondkar, was a stamp vendor-postman in the office of Bharat Chamber Post Office, Kalbadevi, Mumbai. He was selected...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Due to Availability of Alternative Remedy. Guarantors and Corporate Debtor Directed to Approach Debt Recovery Tribunal Under Section 17 of SARFAESI Act, 2002.

The petitioners, Kishan Chhelaram Manik and Manik Engineering Private Limited, filed a writ petition under Article 226 of the Constitution before the ...