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Bombay High Court Allows Wife's Appeal for Transfer of Custody Petition Due to Apprehension of Bias - Family Court Directed to Transfer Petition to Another Court Under Section 19 of Family Court Act, 1984

The appellant wife and respondent husband were married on 16 November 1997 and had a son born on 7 July 2000. Differences arose between them, and nego...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Trap Witness. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Section 5(1)(d) read with Section 5(2) of Prevention of Corruption Act, 1947 and Section 161 IPC.

The State of Maharashtra appealed against the judgment of the Additional Sessions Judge, Satara, in Special Case No.2/88, acquitting the respondent-ac...

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Bombay High Court Dismisses Contempt Petition Against School Management for Non-Payment of Salary Arrears. Willful Disobedience Not Established as Management Demonstrated Financial Constraints and Compliance with Tribunal Order.

The petitioner, Smt. Sudha Prabhakar Gothoskar, filed a contempt petition alleging that the respondents, Lok Seva Sangh, Lok Seva Vidyalaya, Suhas Kul...

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Bombay High Court Allows Gratuity Claim in Payment of Gratuity Act Case — Resignation Not Ground for Forfeiture. Forfeiture of gratuity under Section 4(6) of Payment of Gratuity Act, 1972 requires termination for misconduct causing damage; resignation does not justify forfeiture.

The petitioner, H. Jayarama Shetty, joined the respondent Sangli Bank Ltd. on 28 May 1991. On 3 May 1994, a show cause notice was issued regarding irr...

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Bombay High Court Upholds School Tribunal's Order of Reinstatement and Backwages for Teacher Terminated from Reserved Vacancy. Termination of Teacher Without Prior Approval Under Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 Held Illegal.

The judgment concerns two writ petitions arising from the same dispute between a school and a teacher. The teacher was employed in the school from 7 D...

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Bombay High Court Dismisses Trade Union's Challenge to Exemption Notifications Under Section 23 of Maharashtra Private Security Guards Act. Comparison of Benefits Must Be Holistic, Not Item-by-Item, to Determine if Exemption Is Justified.

The petitioner, Maharashtra Suraksha Rakshak Aghadi, a registered trade union representing private security guards, filed a writ petition challenging ...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Bombay High Court Dismisses Revision, Upholds Civil Court Jurisdiction in Forced Resignation Case. Civil Court Has Jurisdiction to Entertain Suit Challenging Resignation Obtained by Force, as Dispute Does Not Fall Under Industrial Disputes Act or Specific Relief Act.

The case involves a civil revision application filed by the defendants challenging an order passed by the trial court on a preliminary issue regarding...

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Bombay High Court Dismisses Appeal of Teacher in Termination Case — Termination Held Simpliciter. Temporary teacher's services terminated; allegations in order did not make it stigmatic under Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The appellant, Tulsiram Kashinath Gaulkar, was appointed as an Assistant Teacher on 1/7/1985 on a temporary basis as he was not a trained qualified te...