[Disabilities Act] Disabled Employee Shifted To New Cadre Cannot Claim Seniority Based On Previous Service: Bombay High Court

The Bombay High Court has held that a disabled employee who is shifted to another post or cadre under Section 47 of the Disabilities Act cannot claim seniority in the new cadre based on past service in the previous post. The Court observed that while the statute protects continuity of pay and service benefits, it does not permit disturbance of the existing seniority of employees already...

“Withdrawal With Liberty To File Afresh Doesn't Permit New Reliefs": Bombay High Court Rejects Plaint

The Bombay High Court has held that where a plaintiff withdraws a suit with liberty to file a fresh suit on the same cause of action, he cannot seek additional reliefs in the subsequent suit unless specific liberty to claim such reliefs was obtained. The Court observed that omission to claim available reliefs in the earlier suit attracts the bar under Order II Rule 2 and Order XXIII Rule 1(4)...

Brother Cultivating Widowed Sister's Land Is 'Family Member', Not 'Deemed Tenant' Under Maharashtra Tenancy Act: High Court

The Bombay High Court has held that where a brother cultivates agricultural land belonging to his widowed sister, such cultivation would fall within the category of a “family member” and not give rise to a deemed tenancy under Section 4 of the Maharashtra Tenancy and Agricultural Lands Act. The Court observed that permissive cultivation by a close family member, particularly in the context...

"Abuse Of Process": Bombay High Court While Dismissing Plea Against Adani Green Energy In 'Bribery' Case

In a major respite for Adani Group's— Adani Green Energy Ltd., the Bombay High Court on Friday (March 27) dismissed a plea which sought a probe by the Central Bureau of Investigation (CBI) into the allegations made against the company for allegedly paying crores of bribes to secure solar power contracts across several States in India. A division bench of Chief Justice Shree Chandrashekhar...

Plea Against Mukesh Ambani's Reliance Over Alleged 'Gas Theft' An Abuse Of Process; Can Harm Reputation, Affect Business: Bombay High Court

While dismissing the petition seeking a Central Bureau of Investigation (CBI) probe against Reliance Industries Limited (RIL) and its director Mukesh Dhirubhai Ambani in the alleged 'gas theft' case, the Bombay High Court on Friday said that such petitions can harm the reputation of the entities and threaten their present or future business partnerships. Notably, an activist named Jitendra...

Co-Operative Society Can Refuse Membership To Buyer If Builder Sells 'Refuge Area' As Residential Flat: Bombay High Court

The Bombay High Court has held that a co-operative housing society can refuse membership to a purchaser where the builder has purported to sell a “refuge area” as a residential flat, as admitting such a person would violate Section 154B-5 of the Maharashtra Co-operative Societies Act. The Court observed that where the flats in question do not exist, and membership would exceed the number...

'Assault On Public Servants By A Private Individual Constitutes Offence Of Moral Turpitude': Bombay High Court

The Bombay High Court has held that assault on public servants by a private individual, particularly in the course of unlawful agitation, constitutes an offence involving moral turpitude. The Court observed that such acts reflect a breach of social duty and undermine public order, thereby falling within the concept of depravity and conduct contrary to accepted standards of society.Justice...

Bombay High Court Refuses CBI Probe Against Mukesh Ambani's Reliance Industries For Allegedly Stealing Gas From ONGC Fields

The Bombay High Court on Friday (March 27) dismissed a petition seeking CBI probe against Reliance Industries Limited (RIL) and its director Mukesh Dhirubhai Ambani for allegedly stealing over USD 1.55 billion worth of natural gas from neighbouring Oil and Natural Gas Corporations (ONGC) wells in the Krishna Godavari Basin, off the coast of Andhra Pradesh.The petition was filed by Jitendra...

'Weakens Public Trust In Healthcare': Bombay High Court Cancels Bail Of Accused For Supplying Fake Medicines To Govt Hospitals

The Bombay High Court has held that the circulation of spurious drugs poses a serious threat to public health and weakens public trust in healthcare systems. The Court observed that offences involving the supply of fake medicines to government hospitals are grave in nature and cannot be treated lightly at the stage of grant of bail.Justice M.M. Nerlikar was hearing an application filed by...

NCLT Approval To Settlement Scheme Does Not Dilute Criminal Charges: Bombay High Court Clarifies In NSEL Scam

The Bombay High Court earlier this month made it clear to Jignesh Shah and 63 Moons Technologies Limited, the accused in the multicore National Spot Exchange Limited (NSEL) Scam, that just because the National Companies Law Tribunal (NCLT) approved the One Time Settlement (OTS) for 5,682 traders, it will not exonerate them from the pending criminal cases.A division bench of Justice Ajay...

'No Baby Should Die': Bombay High Court Slams Maharashtra Govt Over Continued Malnutrition Deaths In Tribal Areas

The Bombay High Court on Thursday observed that when the Maharashtra Government is able to spend crores on schemes like 'Ladki Bahin', but malnutrition continues to cause deaths among children, pregnant women and others in tribal regions like Melghat, the State must explain its conduct.A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri noted that despite orders being passed...

Bombay High Court Asks Maharashtra Govt If Bhima Koregaon Accused Surendra Gadling Can Use Jail Computer To Review Evidence

The Bombay High Court on Thursday sought to know from the Maharashtra Government if it could permit Surendra Gadling, an accused in the Bhima Koregaon - Elgar Parishad case, to access the computer installed in the Taloja Central Prison to review the evidence against him. A division bench of Justice Ajay Gadkari and Justice Kamal Khata while refusing Gadling to use his own laptop while in...