Bombay High Court Weekly Round-Up: December 16 - December 22, 2024

2024 LiveLaw (Bom) 636 to 2024 LiveLaw (Bom) 649Nominal Index:Shriraj Nageshwar Aepurwar vs. State of Maharashtra, 2024 LiveLaw (Bom) 636ABC vs Maharashtra, 2024 LiveLaw (Bom) 637Gujarati Kelavani Mandal & Anr. vs. The General Manager, Central Railway & Ors., 2024 LiveLaw (Bom) 638M/s. Asahi India Glass Ltd. vs.Nadeem A. A. Dolare, 2024 LiveLaw (Bom) 639Jaiprakash Bawiskar The State of Maharashtra & Anr, 2024 LiveLaw (Bom) 640Rajendra Vishwanath Moon v. The State of Maharashtra, 2024 LiveLaw (Bom) 641Adarsh Kumar Jain and Others v. Union of India, 2024 LiveLaw (Bom) 642Sunita Balaji Tiwari and Ors. v. Protrans Supply Chain Management Pvt. Ltd. & Anr., 2024 LiveLaw (Bom) 643Faiyaz Shaikh vs. State, 2024 LiveLaw (Bom) 644M/s. Venus Worldwide Entertainment Pvt. Ltd. vs. The State of Maharashtra and ors., 2024 LiveLaw (Bom) 645ABC vs State of Maharashtra, 2024 LiveLaw (Bom) 646Case Title: Amol Kirtikar vs Ravindra Waikar, 2024 LiveLaw (Bom) 647SecLink Technologies Corporation vs. The State of Maharashtra & Ors., 2024 LiveLaw (Bom) 648Lalit Modi vs BCCI and Others, 2024 LiveLaw (Bom) 649Judgments/Final Orders: Bombay HC Slaps ₹50K Cost On Litigant For Making 'Unsubstantiated' Allegations Of Scam By Maharashtra Govt In Awarding Contract To Adani PowerCase title: Shriraj Nageshwar Aepurwar vs. State of Maharashtra Citation: 2024 LiveLaw (Bom) 636The Bombay High Court has imposed a cost of Rs. 50,000 on a writ petitioner alleging that a contract awarded by the Maharashtra government to Adani Power for supplying electricity was a "scam" and that the former Chief Minister was involved in corrupt practices while awarding the contract.Not finding any merits in the petitioner's arguments, a division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar said "In our opinion, filing of such a petition/public interest litigation containing unsubstantiated and unsupported reckless averments runs the risk of some times even the good cause being lost."No Mother Would Help Her Son Commit Rape By Spiking Victim's Drink: Bombay High Court Quashes CaseCase Title: ABC vs Maharashtra Citation: 2024 LiveLaw (Bom) 637In a significant ruling, the Bombay High Court at Aurangabad, recently held that a mother will never help her son to rape a woman by herself spiking the victim's drink.A division bench of Justices Vibha Kankanwadi and Rohit Joshi quashed the First Information Report (FIR) lodged against a man and his mother, both booked for raping a woman and impregnating her. Beat Marshalls, Designated Constables Deployed For Safety Of Female Students At College Located Near Slum: Police To Bombay High CourtCase title: Gujarati Kelavani Mandal & Anr. vs. The General Manager, Central Railway & Ors. Citation: 2024 LiveLaw (Bom) 638Disposing of a petition seeking safety measures from police authorities for female students attending college located near a slum, the Bombay High Court directed the police take all appropriate steps and measures to ensure the safety of the students adding that any laxity on their part maybe viewed seriously by the court.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar passed the order after noting the police's affidavit stating the steps taken by it including deployment of beat marshals, mobile vans for survelliance as well designated beat marshals for the college.Sleeping On Duty Is Misconduct; Employee's Past Service Record Relevant In Deciding Quantum Of Punishment: Bombay HCCase Title: M/s. Asahi India Glass Ltd. vs.Nadeem A. A. DolareCitation: 2024 LiveLaw (Bom) 639A single-judge bench of Justice Sandeep V. Marne quashed a Labour Court's order directing reinstatement along with back wages to a worker dismissed for sleeping on duty. The High Court observed that while sleeping on duty was indeed a misconduct, the penalty of dismissal was disproportionate.State's Obligation To Realize Excise Duty Illegally Collected By Wine Manufacturers: Bombay High Court Disposes PIL On Non-Realization Of DuesCase title: Jaiprakash Bawiskar The State of Maharashtra & Anr Citation: 2024 LiveLaw (Bom) 640The Bombay High Court has disposed of a Public Interest Litigation (PIL) that sought to direct the State authorities to take appropriate measures for the recovery of excise duty and interest said to have been illegally collected by the wine manufacturers.Part-Time Service Recognized For Pension Benefits Under Old Scheme: Bombay HCCase Title: Rajendra Vishwanath Moon v. The State of Maharashtra Citation: 2024 LiveLaw (Bom) 641A division bench of Justices Nitin W. Sambre and Vrushali V. Joshi held that part-time teaching service should count towards pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982. It confirmed that the petitioner, who moved from part-time to full-time teaching, was entitled to pensionary benefits starting from his first appointment in 1999. Special Allowance For Bank Employees On Deputation Cannot Be Excluded From Pay Fixation:...

Bombay High Court Weekly Round-Up: December 16 - December 22, 2024

Sanjana Dadmi

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