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Bombay High Court Upholds School Tribunal's Power to Set Aside Termination but Remands for Fresh Enquiry in Teacher Misconduct Case. Management's Challenge to Tribunal's Order Partly Allowed; Teacher's Cross-Petition for Reinstatement Dismissed.

The judgment arises from two cross-petitions: one by the management (Shri A.P.D. Jain Pathshala and Walchand College of Arts & Science) challenging th...

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Bombay High Court Quashes Divisional Commissioner's Order Declaring Group Leader of BJP Municipal Party for Lack of Jurisdiction. Commissioner Cannot Decide Group Leadership Under Maharashtra Local Authority Members' Disqualification Act, 1986 as Power is Limited to Disqualification of Members.

The petitioner, Bhagatram Ravalmal Balani, was elected as a councillor of the Jalgaon Municipal Corporation in 2018 on a BJP ticket. After the electio...

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Bombay High Court Dismisses Petition Challenging Refusal to Stay Appeal Pending Application to Set Aside Ex-Parte Decree. Explanation to Order 9 Rule 13 CPC Does Not Confer Automatic Right to Stay; Conduct of Defendants Justified Refusal.

The petitioners, original defendants in a suit for specific performance of contract, challenged an order of the Principal District and Sessions Judge,...

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Bombay High Court Upholds School Tribunal's Compensation Award for Illegal Termination of Teachers Under MEPS Act. Termination Without Prior Approval of Education Officer Held Illegal, but Back Wages Limited to One Year's Salary as Reinstatement Not Feasible Due to Superannuation.

The judgment involves four writ petitions arising from a dispute between two retired teachers, Baburao Dahat and Sulbha Hejib, and their employer, Jaw...

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Bombay High Court Dismisses Petition Challenging Cancellation of Poll for Entire Division Upon Death of Candidate in Gram Panchayat Election. Rule 14-A of Bombay Gram Panchayat (Election) Rules, 1959 Mandates Countermanding of Poll for the Division, Not Just the Seat of Deceased Candidate.

The petitioners, three candidates contesting for different seats (open, OBC woman, and Scheduled Caste) in division no. 3 of Badnapur Gram Panchayat, ...

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Bombay High Court Allows Petition of Labour Cooperative Society Challenging Abolition of Reservation for Sand Ghats. Statutory Reservation Under Mines and Minerals Act and Rules Cannot Be Overridden by Executive Government Resolution.

The petitioners, a Labour Cooperative Society and its President, filed a writ petition challenging Clause 39 of Government Resolution dated 12.3.2013 ...

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Bombay High Court Allows Second Appeal in Property Dispute Due to Invalid Substituted Service. Court holds that permission for substituted service under Order 5 Rule 20 CPC requires satisfaction that defendant is avoiding service, and mere non-service is insufficient.

The case involves a second appeal filed by the original plaintiff, Ramesh Jagannath Ingole, against the judgment of the first appellate court which al...