S.498-A IPC | Matrimonial Dispute Is Not Moral Turpitude; Cannot Be Used To Block Spouses' Right To Education: Bombay High Court

In a significant order, the Bombay High Court bench at Aurangabad recently held that a matrimonial dispute or case is a 'personal dispute' which cannot be termed to be an offence related to 'moral turpitude' to impact either of the spouses right to pursue further education in their lives. A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar permitted a husband to pursue his...

Indefinite Probation Extension Beyond Regulatory Limits Invalid; Bombay HC Reinforces Procedural Safeguards

Bombay High Court: A Division Bench comprising Justice Ravindra V. Ghuge and Justice M.M. Sathaye ruled that Mumbai Port Authority's (MbPA) termination of a Chief Law Officer's probation based on an internal inquiry report without due process was stigmatic and unjustified. The Court found that the indefinite extension of probation violated the Mumbai Port Trust Employees Regulations,...

Industrial Court Lacks Jurisdiction In Absence Of Clear Employer-Employee Relationship: Bombay HC

Bombay High Court: A single Judge bench of Justice Sandeep V. Marne allowed Tata Steel's writ petition. It held that the Industrial Court lacked jurisdiction to decide the employment status of canteen workers, as the nature of the employer-employee relationship was itself disputed. The court ruled that under the Maharashtra Recognition of Trade Unions and Prevention of Unfair...

Termination Without Section 25F Notice; Monetary Compensation Adequate When Employee Found In Similar Employment: Bombay HC

Bombay High Court: A Single Judge Bench of Justice Anil L. Pansare upheld the Labour Court's decision to award monetary compensation instead of reinstatement to a casual laborer whose services were terminated without following due process. The court emphasized that while termination without following Section 25F of the Industrial Disputes Act, 1947 is illegal, reinstatement is not...

Principal Employer Can't Escape Liability Under EC Act By Claiming Workers Were Through Contractor: Bombay HC

Bombay High Court: A Single Judge Bench of Justice Sharmila U. Deshmukh dismissed Air India Charters Ltd.'s appeal against compensation awarded to a deceased pilot's dependents. The Court held that under Section 12 of the Employees' Compensation Act, 1923, the principal employer bears primary liability for compensation even when workers are engaged through contractors. The Court...

Three-Year Limitation on Salary Arrears Claims Upheld: Bombay HC Restricts Teacher's Back Pay Despite Continuous Employment

Bombay High Court: A Division Bench comprising Justice Mangesh S. Patil and Justice Shailesh P. Brahme partially allowed a writ petition challenging an Education Officer's order regarding salary arrears, ruling that despite continuous employment, claims for salary arrears must be restricted to three years preceding the filing of the petition. The court, while acknowledging the...

Teachers Of Private Engineering College Move Bombay High Court Against Poll Duties

Around 90 teachers of a city-based private engineering college have moved the Bombay High Court against their requisition by the Election Commission of India (ECI) for performing poll duties during and before the upcoming Maharashtra Legislative Assembly Elections.The petitioner teachers, have taken exception to various communications pertinently the one issued by the ECI on October 16,...

Prisoners Cannot Be Asked To Wait For Over One Year To Avail Parole In Emergency Situations Involving Their Family: Bombay High Court

Issues like family members' serious illness, wife's delivery, natural calamities etc are unforeseen and thus a prisoner cannot be asked to wait for one and a half years, till he becomes eligible to avail the facilities of furlough or parole leaves, the Bombay High Court held recently.A division bench of Justices Bharati Dangre and Manjusha Deshpande directed the Superintended of Central...

Bombay High Court Orders Enquiry Against Police Officers For Using AC, Water-Cooler, TV, Computer At Police Station Without Paying Supplier

The Bombay High Court was recently disturbed to note that a police station in Thane city used air-conditioners, water coolers, computers, LED TV, printers and other valuable electronic devices, for free and later on when the supplier demanded money, the station officers returned the equipments without paying a penny.A division bench of Justices Sarang Kotwal and Dr Neela Gokhale ordered...

Bombay High Court Allows Medical Officer To Contest Upcoming Elections; Orders State To Accept Resignation

The Bombay High Court on Tuesday ordered the Maharashtra Government to accept the resignation of a Medical Officer, who seeks to contest in the upcoming State Legislative Assembly elections.A vacation court presided over by Justices Sandeep Marne and Manjusha Deshpande ordered the State to accept the resignation of Dr Rohan Borse, a Grade 'A' Medical Officer deployed at the District...

Bombay High Court Weekly Round-Up: October 21- October 27, 2024

Citations 2024 LiveLaw (Bom) 543 to 2024 LiveLaw (Bom) 558Nominal Index:Maniyar Hasina vs Election Commission of India, 2024 LiveLaw (Bom) 543Indus Power Tech Inc. v. M/s. Echjay Industries Pvt. Ltd. , 2024 LiveLaw (Bom) 544Sachin Waze v State, 2024 LiveLaw (Bom) 545National Leasing Limited versus The Assistant Commissioner of Income, 2024 LiveLaw (Bom) 546Chhota Rajan vs. State, 2024...

Outstanding Demand Under Maharashtra Settlement Can't Be Adjusted Against Refund Payable Under Maharashtra VAT Act: High Court

The Bombay High Court held that authorities under MVAT Act while exercising powers under Maharashtra Settlement of Arrears of Taxes, Interest, Penalties or Late Fees Act, 2022, cannot invoke provisions of Section 50 of MVAT and that too in review proceedings under Settlement Act.The Division Bench of Justice M. S. Sonak and Justice Jitendra Jain observed that there is no provision...