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Bombay High Court Allows Interest on Delayed Gratuity from Date of Retirement in Corruption Case Acquittal. Interest under Section 7(3A) of Payment of Gratuity Act, 1972 is payable from retirement date, not acquittal date, as gratuity becomes due on retirement regardless of pending criminal prosecution.

The petitioner, Vinodkumar Narayan Dixit, a former Deputy Collector, retired on 1st April 1997 while a criminal prosecution under the Prevention of Co...

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High Court of Bombay at Nagpur Examines Executability of Compromise Decree in Eviction Suit under Maharashtra Rent Control Act. The court considers whether a compromise that does not refer to specific eviction grounds creates a fresh tenancy requiring new proceedings.

The respondent-landlord filed a suit against the petitioner-tenants seeking eviction under Section 16(1)(e)(ii) and (g) of the Maharashtra Rent Contro...

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Bombay High Court Dismisses Writ Petitions Challenging Draft Development Plan and Extension Under Maharashtra Regional and Town Planning Act, 1966. General Body Resolution Modifying Draft Plan Upheld as Legislative Function; Ex Post Facto Extension Held Permissible.

This judgment arose from writ petitions filed before the Aurangabad Bench of the Bombay High Court challenging the notification dated 4 February 2016 ...

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Bombay High Court Sets Aside Trial Court Order Rejecting Application to Examine Son as Witness Before Defendants; Restores Application for Fresh Decision. Court Holds Order 18 Rule 3A CPC is Directory and Permits Deviation Upon Sufficient Reasons.

The writ petition under Article 227 of the Constitution challenged an order dated 2 January 2012 passed by the 2nd Joint Civil Judge, Junior Division,...

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High Court Quashes Trial Court Order Rejecting Secondary Evidence Application in Specific Performance Suit. Trial Court Directed to Permit Plaintiffs to Lead Evidence of Lost Agreement to Sell Upon Establishing Foundational Facts Under Section 65 of the Indian Evidence Act, 1872.

This writ petition under Article 227 of the Constitution of India was filed by the original plaintiffs against an order of the trial court rejecting t...

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Bombay High Court Dismisses Petition Challenging Tahsildar's Partition Action Under Section 54 CPC — Execution of Decree Not Dependent on Final Decree for Collector's Precept. The court held that the Collector can effect partition without a final decree, and the petitioners had opportunity to be heard.

The case involves a decree-holder (sister) who obtained a preliminary decree for partition of her parents' property in 2006, which was confirmed in ap...

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Bombay High Court Quashes Chief Minister's Stay on Co-operative Bank Recruitment — Chief Minister Lacks Statutory Power Under MCS Act to Interfere in Autonomous Bank's Internal Management.

The petitioners, Chandrapur District Central Co-operative Bank Ltd. and its Chairman, challenged the order dated 29.11.2022 passed by the Chief Minist...

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Bombay High Court Allows Management's Writ Petition Challenging Education Officer's Reinstatement Order. The Court held that the Education Officer lacked jurisdiction to order reinstatement without prior approval of the Deputy Director under Section 5 of the MEPS Act, 1977.

The petitioner, Rahuri Education Society, through its Secretary, filed a writ petition challenging an order dated 30-06-2018 passed by the Education O...

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Bombay High Court Allows Writ Petition of Police Patil Challenging Cancellation of Kerosene Retail Licence. Police Patil is not a Government Servant and is Permitted to Engage in Local Business Under Rule 8 of the Maharashtra Village Police Patil Rules, 1968.

The petitioner, Ishwar S/o Vithalrao Mohite, is a Police Patil and has been running a retail kerosene shop in village Ghodki, Tq. Washi, Dist. Osmanab...