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ARBITRATION PETITION NO. 56 OF 2013

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Bombay High Court Allows Husband to Lead Evidence First in Property Dispute with Wife — Order 18 Rules 1 and 2 CPC Interpreted. Husband Must Prove His Case as He Would Be Defeated if No Evidence Is Given, Given His Admission of Wife's Payment.

The case involves a property dispute between husband and wife. The wife filed a petition seeking a declaration that she is the sole owner of one of tw...

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Bombay High Court Dismisses PIL Seeking Judicial Officers as Chairpersons of Scrutiny Committees for Scheduled Tribe Verification. Court holds that appointment of Chairpersons is an administrative policy decision and not a matter for judicial mandate.

The petitioner, Maharashtra Adivasi Thakur Jamat Seva Mandal, filed a Public Interest Litigation seeking a writ of mandamus to direct the State of Mah...

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Bombay High Court Allows Petition Challenging Unilateral Alteration of Weekly Offs for Drivers. Management's Change in Weekly Off Pattern Without Notice Under Section 9A of Industrial Disputes Act, 1947 Constitutes Unfair Labour Practice Under Items 4 and 5 of Schedule IV of MRTU & PULP Act, 1971.

The Voltas Employees Union filed a complaint under Items 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfa...

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Bombay High Court Quashes Minister's Order Cancelling Fair Price Shop License Without Hearing — Violation of Natural Justice Under Essential Commodities Act, 1955. License Cancellation Set Aside for Non-Compliance with Audi Alteram Partem Principle.

The petitioner, Dinesh Bansilal Agrawal, was a licensee of a fair price shop under the Essential Commodities Act, 1955. The Minister of Food, Civil Su...

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Bombay High Court Acquits Accused in Attempt to Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Section 307 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Prabhakar Ananda Tale, was convicted by the 2nd Additional Sessions Judge, Akola, for an offence punishable under Section 307 of the In...

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Bombay High Court Allows State's Petition in Service Law Transfer Case — Midterm Transfer of Deputy Collector Upheld. Transfer Order Approved by Chief Minister Is Valid and Does Not Require Prior Hearing Under Maharashtra Government Servants (Transfer) Rules, 2003.

The State of Maharashtra, through the Principal Secretary (Housing Department) and others, filed a writ petition challenging the judgment dated 13 Oct...