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Bombay High Court Dismisses Petitions Challenging Air India Disinvestment and Transfer of Employees. Transfer of undertaking under Section 25FF of the Industrial Disputes Act, 1947 does not require consent of workmen and continuity of service is protected.

The petitioners, three trade unions representing employees of Air India and its subsidiaries, filed writ petitions challenging the disinvestment of Ai...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Right to Search Before Magistrate Leads to Acquittal. The court held that non-compliance with Section 50 of the NDPS Act, 1985, vitiates the trial and entitles the accused to acquittal.

The case involves four criminal appeals filed by individuals convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

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High Court of Bombay at Goa Quashes FIR Against BSNL Officers in SC/ST Act Case — No Intent to Humiliate or Insult Complainant. Adverse remarks made by superior officers in official capacity do not attract Section 3(1)(ix) of SC & ST (Prevention of Atrocities) Act, 1989 or Section 167 IPC.

The judgment concerns two criminal writ petitions filed by officers of Bharat Sanchar Nigam Limited (BSNL) seeking quashing of FIR No. 98/2017 registe...

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Bombay High Court Dismisses Petition Challenging Labour Court's Preliminary Finding on Fairness of Domestic Enquiry in Service Dispute. Enquiry Not Vitiated by Alleged Victimization or Bias as Labour Court's Decision Was Based on Evidence and Not Perverse.

The petitioner, Shri Tanaji Shankar Anuse, was employed as a Junior Clerk by the respondent, Maharashtra Rajya Doodh Sahakari Mahasangh Maahanand Dudh...

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Bombay High Court Dismisses Petition Challenging No Confidence Motion Due to Non-Joinder of Necessary Party. Petitioner failed to implead newly elected Vice President despite being aware of election, rendering petition not maintainable.

The petitioner, Yogendra Rangari, filed a writ petition challenging the legality and correctness of the Minutes of Meeting dated 12.02.2021, which rec...

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Bombay High Court Allows Writ Petition for Leave Encashment Withheld by Employer After Superannuation. Withholding of leave encashment on ground of pending departmental inquiry is impermissible as leave encashment is a vested right and not a gratuity or pension.

The petitioner, Pradip Kumar Roy, was appointed as a Junior Executive Trainee in CMPDI, Ranchi on 01/07/1981 and later transferred to the respondent-C...

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Bombay High Court Allows Appeal Against Remand Order in Trust Scheme Matter — District Judge Exceeded Jurisdiction Under Section 72 of Bombay Public Trusts Act, 1950 by Directing ACC to Obtain Biodatas and Consent Letters Instead of Confirming or Modifying the Scheme.

The appeal arose from a remand order passed by the District Judge-3, Jalna, in Civil Misc. Application No. 82 of 2015 under Section 72 of the Bombay P...

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Bombay High Court Allows Appeal and Enhances Compensation in Motor Accident Claim Case — Widow and Minor Children of Deceased Awarded Enhanced Compensation for Death of Breadwinner. Negligence of Trax Driver Established; Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 18/10/2013 passed by the Claims Tribunal, Nagpur in M.A.C.P No.686/2008. The appellants, being the w...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 302, 307, 201 IPC set aside as sole eyewitness's testimony was inconsistent and not supported by other evidence.

The appellants, Jafar Khijar Sheikh and Sumit Appa @ Prakash Gawali, were convicted by the District Judge-10 and Additional Sessions Judge, Pune in Se...