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Bombay High Court Dismisses Appeal for Recovery of Fishing Rights Compensation Due to Lack of Evidence of Loss. Agreement for fishing rights at sluice gates did not confer exclusive rights, and plaintiff failed to prove actual loss from alleged breach.

The appellant, originally Orlando Dias and later his widow Maria Fausta Dias, filed a first appeal against the judgment and decree dated 29/10/2005 of...

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Bombay High Court Upholds Demolition of Unauthorized Terrace Construction in Cooperative Housing Society. Lease of Terrace by Member Without Society's Consent Invalid Under Maharashtra Cooperative Societies Act, 1960.

The judgment concerns two writ petitions arising from a dispute between N. Jethani (petitioner in WP 5476/1990) and Shri Shivaji Cooperative Housing S...

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Bombay High Court Quashes Cancellation of Appointment in Zilla Parishad Service Dispute — Violation of Natural Justice. Appointment Cancellation Set Aside as Petitioner Was Not Given Opportunity of Hearing Before Cancellation Order.

The petitioner, Sarika Digambar Lokare, was appointed as an Extension Officer (Agriculture) in the Zilla Parishad, Osmanabad on 01/10/2012. She posses...

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Bombay High Court Allows Second Appeal in Property Dispute Over Adverse Possession — Concurrent Findings Set Aside Due to Misapplication of Burden of Proof and Failure to Consider Documentary Evidence.

The case involves a second appeal filed by the legal representatives of the original plaintiff, Kuiro Bhikaro Gaonkar (deceased), against the judgment...

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Bombay High Court Allows Petition Challenging Seniority List in Agricultural University — Directs Reassignment of Placement Based on Continuous Length of Service. Seniority Determined by Continuous Service from Date of Appointment, Not Date of Confirmation.

The petitioner, Tulshidas Baliram Bastewad, an Associate Professor at Mahatma Phule Krishi Vidyapeeth, Rahuri, challenged the final seniority list of ...

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Bombay High Court Directs Official Liquidator to Adjudicate Workmen's Claims in Winding Up of KMA Ltd. Under Sections 529A and 530 of Companies Act, 1956. The court held that the Official Liquidator must consider the Industrial Court's order dated 2 July 2005 in adjudicating claims of workmen.

The judgment concerns two company applications filed in the winding up proceedings of KMA Ltd. (in liquidation). Company Application No. 593 of 2011 w...

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Bombay High Court Directs Official Liquidator to Adjudicate Workmen's Claims in Winding Up of KMA Ltd. Under Sections 529A and 530 of Companies Act, 1956. Industrial Court's Order on Unpaid Wages Held Binding on Official Liquidator.

The judgment concerns two company applications filed in the winding up of KMA Ltd. (in liquidation). Company Application No.593 of 2011 was filed by a...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Verification of In-Camera Statements. Failure to Verify Secret Statements Renders Subjective Satisfaction Invalid, Making Detention Order Unsustainable.

The petitioner, brother of the detenu Dipak alias D. Baba Kashinath Kamble, challenged a detention order dated 7 August 2015 issued by the Commissione...

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Bombay High Court Dismisses Petition of Superannuated Teachers Association Seeking Pension Revision Under UGC Regulations. UGC Regulations Held Non-Statutory and Not Binding on State Government, No Writ of Mandamus Issued.

The petitioner, Association of College & University Superannuated Teachers (Maharashtra), a registered society, filed a writ petition under Article 22...

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Bombay High Court Dismisses State's Petition Challenging MAT Order Directing Pension Payment with Condonation of Break in Service. State's Apathy and Delay in Granting Pension Deprecated; Costs Imposed.

The State of Maharashtra filed a writ petition challenging an order of the Maharashtra Administrative Tribunal (MAT) dated 13 June 2014, which directe...