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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Donation Agreement Breach Does Not Attract Section 420 IPC as No Dishonest Intention at Inception.

The petitioners, accused No. 1 (The Cosmopolitan Education Society) and accused No. 3 (its President), challenged the order of the Metropolitan Magist...

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High Court of Bombay at Goa Quashes University Order Revising Pay Scale with Retrospective Effect Without Notice - Violation of Natural Justice in Service Matter. The court held that any order affecting the pay of an employee with retrospective effect must be preceded by a notice and opportunity of hearing.

The petitioner, Dr. Bugui Dessai, was appointed as a Reader in Inorganic Chemistry at Goa University in June 1987 and confirmed in service in June 198...

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Bombay High Court Dismisses Petition of Assistant Teacher Seeking Retirement at 60 Years Under Government Resolution. Government Resolution dated 27th October 1994 Raising Retirement Age to 60 Years Does Not Apply to Zilla Parishad Employees as They Are Not Government Servants.

The petitioner, Shaligram Laxman Wakate, was an Assistant Teacher in a Zilla Parishad School in Warodi, Akola. He was born on 17th July 1938 and appoi...

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Bombay High Court Allows Appeal in Property Tax Dispute — Municipal Corporation Cannot Levy Tax on Land Outside Its Limits. Library Building on Gat No. 72, Satara Village, Held Outside Aurangabad Municipal Corporation Area, Tax Demand Quashed.

The appellant, Gramaudyogik Shikshan Mandal, a registered charitable trust imparting technical education, filed a suit against the Municipal Corporati...

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Bombay High Court Allows Teacher's Petition Against Termination in MEPS Act Case — School Tribunal Erred in Holding Appointment as Temporary. Appointment Approved by Education Officer Creates Deemed Permanent Status Under Section 5(1) of MEPS Act, 1977.

The petitioner, Sharda Nandeshwar, was appointed as an Assistant Teacher by the respondent-management of Mahatma Jyotiba Phule Vidyalaya, Bhandarbodi,...

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Bombay High Court Dismisses Suit for Declaration of Trusteeship in Breach Candy Swimming Bath Trust Dispute. Court holds that plaintiffs failed to prove valid appointment as trustees and that the suit was barred by limitation and lacked cause of action.

The plaintiffs, nine individuals, filed a suit in the Bombay High Court seeking a declaration that they are trustees of the Breach Candy Swimming Bath...

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...