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Bombay High Court Case Commentaries

Gram Rojgar Sevak Not an “Office of Profit” Under the Panchayat: No Disqualification Under Section 14(1)(f)–(g) of the Maharashtra Village Panchayats Act, 1958

Gram Rojgar Sevak Not an “Office of Profit” Under the Panchayat: No Disqualification Under Section 14(1)(f)–(g) of the Maharashtra Village Panchayats Act, 1958

Date: Mar 31, 2026
Gram Rojgar Sevak Not an “Office of Profit” Under the Panchayat: No Disqualification Under Section 14(1)(f)–(g) of the Maharashtra Village Panchayats Act, 1958 1) Introduction The Bombay High Court...
Bombay High Court (Aurangabad): Penalty for Alleged Illegal Sand Excavation Cannot Rest on an Undated/Ex Parte Panchanama and Contradictory Official Record

Bombay High Court (Aurangabad): Penalty for Alleged Illegal Sand Excavation Cannot Rest on an Undated/Ex Parte Panchanama and Contradictory Official Record

Date: Mar 27, 2026
Penalty for Alleged Illegal Sand Excavation Cannot Rest on an Undated/Ex Parte Panchanama and Contradictory Official Record Case: Gunaji Ramji Surnar Vs The State of Maharashtra Through Secretary and...
Section 47 Disability Protection Does Not Carry Cadre Seniority on Shift/Absorption

Section 47 Disability Protection Does Not Carry Cadre Seniority on Shift/Absorption

Date: Mar 27, 2026
Section 47 Disability Protection Does Not Carry Cadre Seniority on Shift/Absorption; Existing Cadre Seniority Cannot Be Disturbed 1. Introduction In RAMESHWAR S/O. MAHADEORAO SURVE v. STATE OF MAHA.,...
Election petitions on Form 26 non-disclosure: strict pleading of pendency/particulars and “materially affected” is mandatory

Election petitions on Form 26 non-disclosure: strict pleading of pendency/particulars and “materially affected” is mandatory

Date: Mar 25, 2026
Election petitions alleging Form 26 defects must plead (i) pendency/status and full particulars, and (ii) how the result was “materially affected”—a bald assertion is insufficient Case: NAYANA MANOJ...
Rule 45 (60-day) testing timeline and preservation of Section 25 re-testing rights as a precondition to sustainable prosecution under the Drugs & Cosmetics Act

Rule 45 (60-day) testing timeline and preservation of Section 25 re-testing rights as a precondition to sustainable prosecution under the Drugs & Cosmetics Act

Date: Mar 25, 2026
Mandatory 60-day testing under Rule 45 and timely prosecution to protect Section 25 re-testing rights: failure renders Drugs Act proceedings an abuse of process Case: C. B. HEALTHCARE, THROUGH ITS...
Quashing POCSO Prosecution in Adolescent Consensual “Love-Relationship” Cases Where Parties Now Form a Family: Close-in-Age, Post-Majority Continuation as a Decisive Factor

Quashing POCSO Prosecution in Adolescent Consensual “Love-Relationship” Cases Where Parties Now Form a Family: Close-in-Age, Post-Majority Continuation as a Decisive Factor

Date: Mar 13, 2026
Quashing POCSO Prosecution in Adolescent Consensual “Love-Relationship” Cases Where Parties Now Form a Family: Close-in-Age, Post-Majority Continuation as a Decisive Factor Case: RAHUL VINOD SURUSHE...
Cumulative Domestic Provocation and “Cooling-Off”: Converting Section 302 IPC to Section 304 (Part I) under Exception 1 to Section 300

Cumulative Domestic Provocation and “Cooling-Off”: Converting Section 302 IPC to Section 304 (Part I) under Exception 1 to Section 300

Date: Mar 11, 2026
Cumulative Domestic Provocation and “Cooling-Off”: Converting Section 302 IPC to Section 304 (Part I) under Exception 1 to Section 300 1. Introduction The Bombay High Court in Hemant Vasant...
Bail Denial in Overseas Employment-Trafficking & Cyber-Fraud Conspiracy: Gravity, Prima Facie Material and Flight/Tampering Risk Override the “Bail is Rule” Maxim

Bail Denial in Overseas Employment-Trafficking & Cyber-Fraud Conspiracy: Gravity, Prima Facie Material and Flight/Tampering Risk Override the “Bail is Rule” Maxim

Date: Mar 11, 2026
Bail Denial in Overseas Employment-Trafficking & Cyber-Fraud Conspiracy: Gravity, Prima Facie Material and Flight/Tampering Risk Override the “Bail is Rule” Maxim 1) Introduction The Bombay High...
Municipal NOC Cannot Be Withheld Solely Due to Pending Appeal Without Stay: Public Duty Must Align with Operative Decrees

Municipal NOC Cannot Be Withheld Solely Due to Pending Appeal Without Stay: Public Duty Must Align with Operative Decrees

Date: Mar 10, 2026
Municipal NOC Cannot Be Withheld Solely Due to Pending Appeal Without Stay: Public Duty Must Align with Operative Decrees 1) Introduction In TAPI VALLEY AGRO FOOD PRODUCTS COMPANY DONDAICHA v....
NDPS Section 20(a)(i): Proof of “Cultivation” Requires Clear Evidence of Actual Control/Active Nurturing Where Land Has Multiple Recorded Occupants

NDPS Section 20(a)(i): Proof of “Cultivation” Requires Clear Evidence of Actual Control/Active Nurturing Where Land Has Multiple Recorded Occupants

Date: Mar 8, 2026
NDPS Section 20(a)(i): Proof of “Cultivation” Requires Clear Evidence of Actual Control/Active Nurturing Where Land Has Multiple Recorded Occupants 1) Introduction In SUBHASH MAHADU MAHAJAN v. THE...
Quashing CBI FIR in Bank-Lending Decisions: Section 17A PC Act Bar, “Unknown Accused” FIRs, and Limits on Criminalising Commercial Wisdom

Quashing CBI FIR in Bank-Lending Decisions: Section 17A PC Act Bar, “Unknown Accused” FIRs, and Limits on Criminalising Commercial Wisdom

Date: Feb 28, 2026
Quashing CBI FIR in Bank-Lending Decisions: Section 17A PC Act Bar, “Unknown Accused” FIRs, and Limits on Criminalising Commercial Wisdom Case: GTL INFRASTRUCTURE LIMITED v. CENTRAL BUREAU...
Employees’ Compensation: Disability Certificate Need Not Be Issued by Treating Doctor—Any “Qualified Medical Practitioner” May प्रमाणित Disability/Loss of Earning Capacity

Employees’ Compensation: Disability Certificate Need Not Be Issued by Treating Doctor—Any “Qualified Medical Practitioner” May प्रमाणित Disability/Loss of Earning Capacity

Date: Feb 26, 2026
Employees’ Compensation: Disability Certificate Need Not Be Issued by Treating Doctor—Any “Qualified Medical Practitioner” May Assess Disability/Loss of Earning Capacity Court: Bombay High Court...
Successive Section 11 MOFA Deemed Conveyance Applications are Barred by Res Judicata: Competent Authority Cannot Re-open a Concluded Merits Rejection by Altering Area Claimed

Successive Section 11 MOFA Deemed Conveyance Applications are Barred by Res Judicata: Competent Authority Cannot Re-open a Concluded Merits Rejection by Altering Area Claimed

Date: Feb 25, 2026
Successive Section 11 MOFA Deemed Conveyance Applications are Barred by Res Judicata: Competent Authority Cannot Re-open a Concluded Merits Rejection by Altering Area Claimed 1) Introduction This...
Revision Bar under Section 154: Audit Special Report (Section 81(5B)) and Section 88 Inquiry Initiation Are Not “Order/Decision”

Revision Bar under Section 154: Audit Special Report (Section 81(5B)) and Section 88 Inquiry Initiation Are Not “Order/Decision”

Date: Feb 25, 2026
Revision Bar under Section 154: Audit Special Report (Section 81(5B)) and Section 88 Inquiry Initiation Are Not “Order/Decision” Case: Shivkrupa Sahakari Patpedhi Limited v. State of Maharashtra...
“Intentional” Inverted-Flag Display Requires Proof of Mens Rea; Non-Speaking (“Rubber-Stamped”) Cognizance Orders Are Vulnerable to Quashing Under Section 528 BNSS

“Intentional” Inverted-Flag Display Requires Proof of Mens Rea; Non-Speaking (“Rubber-Stamped”) Cognizance Orders Are Vulnerable to Quashing Under Section 528 BNSS

Date: Feb 24, 2026
“Intentional” Inverted-Flag Display Requires Proof of Mens Rea; Non-Speaking (“Rubber-Stamped”) Cognizance Orders Are Vulnerable to Quashing Under Section 528 BNSS Case: V K NARAYANAN v. STATE OF...
Tenancy Survives Demolition, but Eviction under MRC Act Still Adjudicable on Bona Fide Need and Non-User

Tenancy Survives Demolition, but Eviction under MRC Act Still Adjudicable on Bona Fide Need and Non-User

Date: Feb 21, 2026
Tenancy Survives Demolition, but Eviction under the Maharashtra Rent Control Act Can Still Be Granted on Bona Fide Requirement and Non-User 1) Introduction This decision of the Bombay High Court...
Short-Term Hiring of a Driver Creates Employer–Employee Relationship Under the Employees’ Compensation Act: FIR Admissions and Welfare-Oriented Adjudication

Short-Term Hiring of a Driver Creates Employer–Employee Relationship Under the Employees’ Compensation Act: FIR Admissions and Welfare-Oriented Adjudication

Date: Feb 19, 2026
Short-Term Hiring of a Driver Creates Employer–Employee Relationship Under the Employees’ Compensation Act: FIR Admissions and Welfare-Oriented Adjudication 1) Introduction The Bombay High Court...
Section 127 MRTP: Post-notice lapsing cannot be defeated by alleging “defective” purchase notice for want of title documents

Section 127 MRTP: Post-notice lapsing cannot be defeated by alleging “defective” purchase notice for want of title documents

Date: Feb 18, 2026
Section 127 MRTP: Post-notice lapsing cannot be defeated by alleging “defective” purchase notice for want of title documents 1. Introduction The Bombay High Court (Ravindra V. Ghuge & Abhay J....
Continuing Mandamus for Decades-Delayed Land Acquisition: Statewide Mission-Mode Ledger, Payment/Deposit Compliance, and Accountability Under Article 300A

Continuing Mandamus for Decades-Delayed Land Acquisition: Statewide Mission-Mode Ledger, Payment/Deposit Compliance, and Accountability Under Article 300A

Date: Feb 18, 2026
Continuing Mandamus for Decades-Delayed Land Acquisition: Statewide Mission-Mode Ledger, Payment/Deposit Compliance, and Accountability Under Article 300A 1. Introduction Case: Shahadeo Dagadu Mete...
MCOCA Bail: Mere Call-Detail “Contact” and Unparticularised International Calls Do Not Satisfy Section 21(4) Embargo

MCOCA Bail: Mere Call-Detail “Contact” and Unparticularised International Calls Do Not Satisfy Section 21(4) Embargo

Date: Feb 13, 2026
MCOCA Bail: Mere Call-Detail “Contact” and Unparticularised International Calls Do Not Satisfy Section 21(4) Embargo Case: AKASHDEEP KARAJ SINGH v. STATE OF MAHARASHTRA Court: Bombay High Court...
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