WRIT PETITION NO.2669 OF 2018...
Background - The dispute involves appointment of a full-time lecturer in Marathi at Vijaysinh Yadav Art, Commerce and Science College, Peth Vadgaon, run by Shahu Shikshan Prasarak Mandal. Two candidat...
High Court
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High Court
Bombay High Court Quashes Scrutiny Committee Order Invalidating ST Certificate for Lack of Affinity Test. Caste Claim as 'Thakur' (ST) Upheld as Contemporaneous Documentary Evidence Outweighs Affinity Test Under Maharashtra Act XXIII of 2001....
The petitioner, Monika Sunil Shinde, a 19-year-old resident of Ahmednagar, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 20 July 2018 passed by the Sc...
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High Court
Bombay High Court Dismisses Writ Petitions Challenging Criminal Proceedings Under Consumer Protection Act Against Liquidated Co-Operative Bank — Section 107 of Maharashtra Co-Operative Societies Act, 1960 Held Not to Bar Criminal Actions. The court interpreted the words 'other legal proceeding' in Section 107 to be restricted to civil proceedings ejusdem generis with a suit, and thus did not bar criminal proceedings under Section 27 of the Consumer Protection Act, 1986, against a society under winding up....
The judgment arose from two criminal writ petitions filed by a co-operative bank under liquidation and its liquidator, seeking to quash summons and notices issued by the District Consumer Redressal Fo...
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High Court
Bombay High Court Quashes FIR Against Hotel Owners in Essential Commodities Act Case — No Prima Facie Case for Misuse of Domestic LPG Cylinder. Mere possession of a domestic LPG cylinder in a hotel without evidence of actual misuse or sale does not constitute an offence under Section 3 read with 7 of the Essential Commodities Act, 1955....
The petitioners, Ramesh and Harish Advani, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking quash...
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High Court
Bombay High Court Quashes FIR Against Company Officials in Dowry Death Case — No Prima Facie Case Under Section 304B IPC as Demand for Dowry Not Established. Court Held That Allegations of Dowry Demand Must Be Specific and Proximate to Death, and Vague Allegations Against Multiple Accused Not Sufficient to Sustain Charges....
The applicants, who were employees of a company (KEL) including the Vice President (Works), Senior Manager (HR), and other officers, filed an application under Section 482 of the Code of Criminal Proc...
- 176
High Court
Bombay High Court Dismisses Discharge Application in Cheque Dishonour Case — Defect in Complaint Verification Curable. Procedural Defect Not Fatal Under Section 138 of Negotiable Instruments Act, 1881....
The present application was filed by the original accused, Rajabhau Shankar Nagare, challenging the order dated 01.08.2018 passed by the learned Judicial Magistrate First Class, Akkalkuwa, District Na...
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High Court
Bombay High Court Quashes FIR in Trademark Dispute Due to Investigation by Unauthorized Officer. Violation of Section 115 Trade Marks Act, 1999 Rendered Proceedings Invalid....
The applicant, Shrenik Shantilal Dhadiwal, proprietor of a firm, faced criminal prosecution arising from FIR No. 97/2003 registered at Shrirampur City Police Station under sections 78 and 79 of the Tr...
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High Court
High Court of Karnataka Dismisses PIL Alleging Smuggling of Sensitive Materials During Aero India Shows for Lack of Credible Material and Public Interest. The Court held that a Public Interest Litigation must be based on bonafide intentions and concrete evidence, not on vague allegations or newspaper reports, and dismissed the petition as an abuse of process....
The petitioners, Nishchal Padhya and Arun Goyal, filed a Public Interest Litigation (PIL) under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru. They alleged t...
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High Court
High Court of Karnataka Dismisses PIL Seeking Records of Import of Ground Handling Equipment During Aero India Shows. Petitioners failed to establish any specific instance of smuggling or violation of law, and the petition was found to be based on vague allegations and unsubstantiated claims....
The petitioners, Nishchal Padhya and Arun Goyal, filed a Public Interest Litigation (PIL) under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru. They sought a ...
- 137
High Court
High Court of Karnataka Dismisses Criminal Revision Petition in Maintenance Case Under Section 125 CrPC — Petitioner Fails to Prove Entitlement to Enhanced Maintenance. The court held that the trial court's order granting maintenance at Rs. 2,000 per month was not perverse or illegal, and the revision petition lacked merit....
The petitioner, Mrs. Neelam Manmohan, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the order dated 30.07.2015 passed ...
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