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Bombay High Court Allows Partition Appeal in Family Property Dispute — Plaintiff Granted 1/3rd Share Based on Contribution. Court held that the plaintiff's claim for 2/3rd share was barred by res judicata due to dismissal of earlier suit for recovery of contribution amount.

The case involves a partition suit filed by Dr. Bhalchandra Govind Kshirsagar (plaintiff) against his family members (defendants) seeking a 2/3rd shar...

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Bombay High Court Dismisses Petitions Challenging Quashing of Select List for Fireman Grade-I Posts Due to Non-Compliance with Reservation Rules. Selection process vitiated by failure to follow roster points for OBC and SC candidates, violating Articles 14 and 16 of the Constitution.

The case involves two writ petitions challenging the order of the Central Administrative Tribunal (CAT) which quashed the select list for the posts of...

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LETTER PATENT APPEAL NO. 449 OF 2004

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Bombay High Court Dismisses Revision Against Conviction Under Section 138 N.I. Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove Cheques Were Issued as Security, Leading to Confirmation of Sentence of Simple Imprisonment and Compensation.

The applicant, Rekha Mahindra Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques totaling Rs...

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Bombay High Court Allows Writ Petitions Challenging Recovery of Excess Salary Paid to Retired Employees Due to Administrative Error. Recovery of excess payment from retired employees without fault on their part is impermissible under principles of equity and natural justice.

The petitioners, retired employees of New Arts, Commerce & Science College, Ahmednagar, filed writ petitions challenging the recovery of excess salary...

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Bombay High Court Dismisses Petition Challenging Withdrawal of Cooperative Dispute with Liberty to File Fresh Suit. Cooperative Appellate Court's Order Permitting Withdrawal with Liberty Upheld as No Prejudice Caused to Opposite Party.

The petitioners, Shree Champalal Kothari Trust and others, challenged a judgment of the Cooperative Appellate Court dated 1 October 2019, which confir...

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Bombay High Court Allows Writ Petition Challenging Preliminary Issue on Jurisdiction in Construction Dispute. Civil Court Jurisdiction Not Barred Under Section 488 of Maharashtra Municipal Corporations Act, 1949 for Suit Alleging Violation of Byelaws and Infringement of Civil Rights.

The petitioner, Satish Trivedi, filed a writ petition challenging an order of the Civil Judge, Senior Division, Chandrapur, which decided a preliminar...

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Bombay High Court Dismisses Petition Challenging Arbitral Award on Service Tax Reimbursement. Contractor not entitled to reimbursement of service tax imposed after bid submission but before contract award where contract provided for reimbursement only if tax was payable on date of bid.

The petitioner, Punj Lloyd Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated ...

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Bombay High Court Allows Appeal by Bank in Unfair Labour Practice Case — Reinstatement of Daily Wager Denied Due to Lack of Continuous Service. Employee failed to prove 240 days of continuous service in preceding year, disentitling him to protection under Section 25F of Industrial Disputes Act, 1947.

The present Letters Patent Appeal was filed by the Nagpur District Central Co-operative Bank Ltd. (the appellant) challenging the judgment of a learne...