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Bombay High Court Allows Second Appeal in Tenancy Act Bar Case — Suit for Permanent Injunction Not Barred by Section 85 of Bombay Tenancy and Agricultural Lands Act, 1948. Courts Below Erred in Dismissing Suit Without Deciding Merits; Matter Remanded for Fresh Adjudication.

The appellant, Pandurang Damodar Bhoir, filed a civil suit (Regular Civil Suit No. 155 of 2008) seeking a permanent injunction restraining the respond...

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Bombay High Court Dismisses Petition Challenging Termination of Probationer Stenographer for Unsatisfactory Work. Termination of a probationer on grounds of unsuitability is not stigmatic and does not require a formal inquiry.

The petitioner, Pankaj Suresh Bhadane, was appointed as a Stenographer (Lower Grade) with the Labour Court at Thane on 10th September 2012 on probatio...

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Bombay High Court Allows Appeal in Property Injunction Case — Suit for Injunction Simpliciter Not Maintainable When Specific Performance Is Available. Section 41(h) of Specific Relief Act, 1963 Bars Injunction Where More Efficacious Relief of Specific Performance Is Not Sought.

The appellant, original defendant no.1, owned a flat. On 6 June 2008, he allegedly agreed to sell it to the respondent no.1 (plaintiff) for Rs.40 lakh...

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Bombay High Court Dismisses Petition Challenging Termination of District Commandant, Home Guards, for Misappropriation — Termination Simpliciter Under Contract Does Not Require Prior Hearing. Termination Order Upheld as Non-Stigmatic and Within Contractual Terms.

The petitioner, Prakash Balwantrao Dethe, was appointed as District Commandant, Home Guards, Yavatmal in 1986 and reappointed for a five-year term on ...

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Bombay High Court Acquits Accused in Rape and Atrocities Case Due to Inconsistent Evidence and Lack of Corroboration. Alleged Rape of Married Woman Fails as Prosecution Witnesses Contradict Each Other and Medical Evidence Does Not Support Sexual Assault Under Section 376 IPC and SC/ST Act.

The appellant, Bandu Hasan Tamobli, was convicted by the Additional Sessions Judge at Karad in Sessions Case No.56 of 2000 for offences under Section ...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Workman Retrenched Due to Computerization. Introduction of computers does not constitute a valid ground for retrenchment without compliance with Section 25-F of the Industrial Disputes Act, 1947.

The judgment arises from two writ petitions challenging a common award of the Labour Court dated 19th September 2002. The workman, Mohammed Asad Khan,...

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Bombay High Court Dismisses Petition Challenging Termination of Temporary Employee for Suppression of Criminal Case. Attestation Form Filled by Friend with False Information Justifies Discharge from Service.

The petitioner, Dattaraya Kaluram Dedge, was employed as a casual labourer at the National Defence Academy, Pune. He and other casual labourers filed ...

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Bombay High Court Dismisses Writ Petition of Probationary Police Sub-Inspectors Challenging Termination. Termination simpliciter of probationers for unsatisfactory performance without stigma does not require inquiry or hearing.

The petitioners, 20 individuals, were appointed as Police Sub-Inspectors on probation in the Maharashtra Police Force. During their probation period, ...