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Bombay High Court Quashes Arrest Warrant Against Managing Director in Recovery Certificate Proceedings Under MRTU & PULP Act — Personal Liability Not Established. Director Cannot Be Arrested for Company's Dues Without Lifting Corporate Veil or Establishing Personal Liability Under Sections 50-52 of MRTU & PULP Act, 1971....

The petitioner, Madhusudan Zumbarlal Sarda, was the Managing Director of Sarda Fashions Ltd. (later Sarda Information Technology Ltd.). Respondent Nos. 6 to 9 were former employees of the company who ...

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High Court of Karnataka Quashes Land Acquisition Order for Non-Compliance with Mandatory Notice Requirements Under Land Acquisition Act, 1894. Failure to Serve Section 4(1) Notice and Conduct Section 5-A Inquiry Renders Acquisition Proceedings Invalid....

The petitioner, Yusuf Ali S/o Khader Shah Faqeer, is the legal heir of the original petitioner Khadarsha Faqeer. The original petitioner had filed W.P.No.9052/2006 seeking implementation of an order d...

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High Court of Karnataka Allows Writ Petition and Sets Aside Trial Court Order Rejecting Application Under Section 8 of Arbitration Act — Dispute Referred to Arbitration. Agreement Containing Arbitration Clause Not Properly Stamped Does Not Bar Reference Under Section 8 of Arbitration and Conciliation Act, 1996....

The petitioners, Transvahan Technologies India Pvt. Ltd. and its Managing Director S.R. Venkatesan, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 29....

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Bombay High Court Quashes FIR in Rape Case Based on Promise of Marriage — Consent Obtained Under False Promise Not Rape if Promise Not Breached Initially. The court held that where the promise of marriage was genuine and not false from the inception, subsequent breach does not constitute rape under Section 376 IPC....

The applicant, Sachin Vishwnathrao Gawai, filed a criminal application under Section 482 CrPC seeking quashing of FIR No. 173/2017 registered at Police Station Mankapur, Nagpur, for offences under Sec...

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High Court of Bombay at Nagpur Dismisses Appeal by Society in Cheque Dishonour Case for Failure to Prove Debt. Appellant Society Could Not Establish Outstanding Loan Amount After Auction of Pledged Goods, Resulting in Acquittal Under Section 138 of Negotiable Instruments Act, 1881....

The appellant, Buldana Urban Co-op. Credit Society Ltd., filed a criminal appeal against the acquittal of the respondent, Pyaru Saimulla Sheikh, for an offence under Section 138 of the Negotiable Inst...

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Bombay High Court Acquits Appellant in Abetment of Suicide Case Due to Lack of Proximate Link Between Alleged Harassment and Suicide. Conviction Under Section 306 IPC Set Aside as Evidence Failed to Establish Instigation or Active Role in Driving Deceased to Commit Suicide....

The appellant, Subhash Motiram Wadekar, was convicted by the Sessions Court at Akola under Section 306 of the Indian Penal Code (IPC) for abetment of suicide of his wife, Sharda, and sentenced to five...

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Bombay High Court Allows Transfer of Arbitration and Execution Proceedings to Principal District Judge Nagpur by Consent. Parties Agree Not to Raise Objections Under Arbitration Act or Commercial Courts Ordinance, 2015....

The petitioner, M/s. Kandla Cargo Handlers, challenged an order dated 27.6.2018 passed by the learned Principal District Judge, Nagpur, which granted an ex parte stay of execution proceedings (Special...

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High Court of Bombay at Goa Hears Challenge to Registrar's Appointment of Directors Under Section 67A of Goa Co-operative Societies Act, 2001; Considers Democratic Control of Co-operatives....

The dispute concerns the appointment of two directors to the Board of the Goa Urban Co-operative Bank, a large scheduled bank, by the Registrar of Co-operative Societies under Section 67A of the Goa C...

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Bombay High Court Quashes Education Officer's Order Denying Salary Grant for Back Wages to Reinstated Teacher. Suspension with State Approval Makes State Liable for Back Wages for Vacant Post under MEPS Act....

The Petitioner, a school management running an aided school, challenged an order of the Education Officer (Secondary), Pune, dated 31 January 2018, which refused to release salary grant towards back w...