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Bombay High Court Quashes Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981 Due to Non-Application of Mind and Stale Grounds. Delay of Three Months in Passing Order Without Explanation Renders Detention Invalid.

The petitioner, Santosh @ Dankya Subhash Gaikwad, challenged an order of detention passed against him on 17.11.2004 by the Commissioner of Police, Pun...

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Bombay High Court Confirms Conviction for Murder Based on Circumstantial Evidence and Motive. Appellant's Conviction Under Section 302 IPC Upheld as Circumstantial Evidence, Including Motive and Last Seen Together, Formed Complete Chain Pointing to Guilt.

The appellant, Raju Shankar Shete, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of Alka Bhise by the Sessions J...

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Bombay High Court Partially Allows State and Claimant Appeals in Land Acquisition Compensation Case — Market Value Determined at Rs. 30 per sq.m. with 30% Deduction for Development. Court applies belting method and deducts development cost for large land parcel acquired for Nhava-Sheva water supply.

The case involves two appeals arising from the same award dated 30th September 1989 passed by the Civil Judge, Senior Division, Raigad at Alibag in La...

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Bombay High Court Dismisses Challenge to MOFA Amendments and Upholds Conveyance Order — Amendments to Maharashtra Ownership of Flats Act, 1963 by Act No.4 of 2008 are intra vires and Competent Authority's order directing conveyance is valid as promoter failed to execute conveyance within statutory period.

The petitioner, M/s. Shree Siddharth Construction, a partnership firm, challenged the constitutional validity of amendments made to the Maharashtra Ow...

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Bombay High Court Quashes Chargesheet Against Retired University Employee for Lack of Jurisdiction Under Discipline Rules. Disciplinary Proceedings Initiated After Voluntary Retirement Cannot Be Sustained Under Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 Without Specific Provision.

The petitioner, Manohar B. Patil, was an employee of the Maharashtra Animal and Fishery Sciences University. He applied for voluntary retirement and w...

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Bombay High Court Dismisses Petition Challenging Monitoring Committee's Order in Mukesh Mills Redevelopment Case — CRZ-II Zoning and Development Control Regulations Apply to Textile Mill Land.

The petitioners, M/s TCI Industries Ltd and its Executive Director, owned a large property in Colaba, Mumbai, known as Mukesh Mills, a former cotton t...

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Bombay High Court Allows Appeal Against Deduction from Gratuity for Cooperative Loan Repayment. Employer Cannot Deduct Gratuity for Loan to Cooperative Society Unless It Is a Government Due Under Rule 132 read with Rule 134 of Maharashtra Civil Service (Pension) Rules, 1982.

The appellant, Ashfaq Husain, was a Section Officer with Zilla Parishad, Washim. Upon his retirement, the respondents (Chief Executive Officer, Block ...

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Bombay High Court Allows State's Petition, Upholds Reduction in Pension of Retired Jailor for Misconduct. Disciplinary Proceedings Validly Continued After Superannuation Under Rule 27(2) of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

The State of Maharashtra filed a writ petition challenging the order of the Maharashtra Administrative Tribunal which had set aside the punishment of ...

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Bombay High Court Dismisses Quashing Petitions in FERA Prosecution — Exoneration in Adjudication Not a Bar to Criminal Proceedings. Adjudication and criminal prosecution under FERA are independent proceedings with different standards of proof and objectives.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of orders passed by ...