Bombay High Court
Bombay High Court Weekly Round-Up: October 28 - November 03, 2024
Citations 2024 LiveLaw (Bom) 559 to 2024 LiveLaw (Bom) 572Nominal Index:M/s BK Polimex India Private Limited vs Union of India, 2024 LiveLaw (Bom) 559 Deepak Deshmukh vs Directorate of Enforcement, 2024 LiveLaw (Bom) 560Maruti Krishana Naik & Ors. vs. M/s. Advani Oerlikon Ltd. & Anr.,2024 LiveLaw (Bom) 561Andreas Stihl Private Limited versus The Joint Commissioner of State Tax &...
Bombay High Court Questions ECI's Decision To Reject Nomination Papers Of Candidates Across State For Being Filed After 11 AM
The Bombay High Court on Monday sought to know from the Election Commission of India (ECI) as to on what grounds it rejected the nominations of various candidates across Maharashtra, who filed their papers after 11 AM of October 30 for the upcoming State Assembly Elections.A vacation bench of Justices Arif Doctor and Somasekhar Sundaresan also ordered the ECI to furnish a list of candidates' across the State, whose nominations were rejected for filing their papers after 11 AM. Notably, October...
UGC Ph.D. Requirement For Promotions In Maharashtra Colleges Can't Be Applied Retrospectively: Bombay High Court
Bombay High Court, Aurangabad Bench: A division bench of Justices Mangesh S. Patil and Shailesh P. Brahme ruled that the University Grants Commission (UGC) Ph.D. requirement for promotion to Associate Professor, introduced in 2018, applies prospectively and does not impact faculty who qualified under earlier regulations. The State of Maharashtra was directed to review the...
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...
