Bombay High Court
“Unjust To Sustain Departmental Findings After Acquittal On Identical Evidence”: Bombay High Court Quashes CISF Officer's Dismissal
The Bombay High Court has held that dismissal from service based on findings in departmental proceedings cannot be sustained where the delinquent employee has been acquitted in a criminal trial arising from the same incident and based on identical evidence. The Court observed that where the charges, witnesses, evidence, and circumstances in both proceedings are substantially the same,...
Scheme For Reserving 25% Seats Under RTE Cannot Be Used Multiple Times For Admission Of Same Child: Bombay High Court
The scheme for reserving 25 per cent seats for the underprivileged under the Right To Education (RTE) Act is designed to distribute educational opportunities among as many eligible children but the said scheme does not confer a right on a parent to seek allocation of a seat multiple times for the same child, held the Bombay High Court recently. A division bench of Justice Vibha Kankanwadi and Justice Hiten Venegavkar dismissed the petition filed by a father, who 'insisted' for allocation of...
“Clerical Error In Name Cannot Defeat Statutory Right”: Bombay High Court Orders Reconsideration Of Railway Death Compensation Claim
The Bombay High Court has held that a compensation claim arising out of a railway accident cannot be rejected merely because there is a minor variation in the passenger's name appearing on the season ticket when the identity card number mentioned on the ticket matches and establishes the identity of the passenger. The Court observed that if the identity of the passenger is otherwise...
Distance Bar For RTE Admissions In Private Schools Defeats Purpose Of Act: Bombay High Court Tells State To Scrap Limit
The Bombay High Court has directed the Maharashtra government to remove the distance limit imposed for admissions under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), observing that such restrictions may defeat the purpose of provision under Section 12(1)(c) of the RTE Act.A division bench of Justices Anil L. Pansare and Nivedita P. Mehta was hearing a public...
“Partition Rights Can't Be Decided On Technicalities”: Bombay High Court Allows Written Statement After 8-Yr Delay
The Bombay High Court has held that delay in filing a written statement may be condoned in partition suits where denial of such opportunity would prevent effective adjudication of the rights of the parties. The Court observed that refusal to permit a defendant to file a written statement may hinder proper determination of rights in the property and prolong the litigation.Justice Ajit...
Bombay High Court Orders Partition Of Yerawada Property In Suit Pending Since 1950, Closes 75-Year-Old Family Dispute
The Bombay High Court has ordered the partition of a property in Pune's Yerawada area, bringing partial closure to a family dispute that has been pending since 1950. The Court directed that the remaining portion of the land be divided among the concerned parties according to a plan prepared by an architect and approved by the Court.Justice Farhan P. Dubash was hearing proceedings in...
Bombay High Court Closes Plea On LPG Shortage After Centre Assures Issue Being Handled At Diplomatic Levels
The Bombay High Court on Tuesday closed a petition highlighting the shortage of LPG cylinders for local consumers, after the Central Government assured that it is taking all possible steps both internationally and domestically to ensure there is no hardship to citizens. A division bench of Justice Anil Kilor and Justice Raj Wakode took into account the affidavit filed through Solicitor General Tushar Mehta which clearly stated that the Central Government is taking all steps to ensure the crisis...
“Salary Cannot Be Held Hostage To Bureaucratic Delay”: Bombay HC Raps Authorities Over Pending Shalarth Proposals, Fixes 60-Day Timeline
The Bombay High Court has expressed serious concern over the practice of education authorities keeping proposals relating to teachers' inclusion in the Shalarth system pending for months or even years, resulting in teachers being deprived of their lawful salaries. The Court observed that once the appointment of a teacher on an aided post has been duly approved, inclusion of the teacher's name...
'Continuous Provocation From Tobacco-Addicted Brother Led To Break Point': Bombay HC Converts Murder Conviction To Culpable Homicide
The Bombay High Court recently commuted a man's life imprisonment for murdering his own brother to 10 year imprisonment under culpable homicide not amounting to murder after noting that he murdered the brother, because he had vices like consuming tobacco and gutka and often quarrelled and even assaulted him (convict) and their aged mother whenever they advised him against the vices.A...
Bombay HC Quashes Midnight Cancellation Of Christian Prayer Event Over 'Miracle Healing' Claims; Orders Compliance With Black Magic Act
The Bombay High Court last week quashed an order, by which Sangli Police 'abruptly' cancelled the permission granted to 'Hope of Glory Ministry Trust' to conduct 'Maharashtra Prayer Festival' from March 13 to March 15, wherein popular evangelist Paul Dhinakaran delivered 'prophetic' messages and daily prayers before over 50,000 persons. The Police while cancelling the permissions for the...
'Why Was Evidence Of Bangladeshi Trafficking Victim Not Recorded?' Bombay HC Seeks Explanation From Trial Court Over Repatriation Of Woman
The Bombay High Court recently sought an explanation from the Mumbai Sessions Court as to why, despite a clear order to record the statements of a Bangladeshi woman, a victim of immoral trafficking, was not recorded till date as she has to be repatriated to her country and is presently being looked after by an NGO in India. A division bench of Justice Ajay Gadkari and Justice Kamal...
Bombay High Court Refuses Compensation Claim Under 2013 Land Acquisition Act Due To Suppression Of Material Facts
The Bombay High Court has held that litigants who indulge in material suppression of facts while invoking writ jurisdiction cannot claim the benefit of leniency in delay on the ground of violation of the constitutional right to property under Article 300A. The Court observed that although the right to property is a constitutional right, litigants approaching the writ court must do so with...