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Bombay High Court Allows Withdrawal of Appeals in Disqualification Case — Permission to Withdraw Complaint Not Equivalent to Withdrawal of Appeal. The Additional Commissioner acted without jurisdiction in permitting withdrawal of appeals when petitioners only sought withdrawal of the original complaint....

The petitioners, four women agricultural labourers from Dhapewada, Nagpur, were elected as members of the Gram Panchayat. They were disqualified by the Additional Collector, Nagpur, under the Maharash...

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High Court of Bombay Quashes Rejection of Tender Bid for Arbitrary Application of Experience Criterion. The Court held that the tender evaluation committee's interpretation of 'experience of handling and transportation of food grains' was unreasonable and that the petitioner's experience in handling similar commodities should have been considered....

The petitioner, M/s. Joshi Freight Carriers, a proprietary concern, challenged a communication dated 09.09.2006 issued by the Central Warehousing Corporation (respondent no.1) which held that the peti...

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Bombay High Court Allows Appeal by MIDC in Land Acquisition Compensation Case Due to Lack of Evidence. Reference Court's enhancement of compensation to Rs.40,000 per acre set aside as it relied on unproven sale deeds and failed to consider the land's quality and location....

The case involves a land acquisition dispute where the Maharashtra Industrial Development Corporation (MIDC) acquired land belonging to respondent no.1 for industrial development. The Land Acquisition...

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Bombay High Court Upholds Conviction of Appellants in Murder and Unlawful Assembly Case. Common Object Established for Offences Under Sections 302, 324, 143, 144, 147, 148 read with Section 149 IPC....

The appellants, Mohd. Hanif, Mohd. Azam, Mohd. Munaf, Mohd. Ansar, Mohd. Irfan, and Mohd. Amir, were convicted by the Sessions Judge, Akola, for offences under Sections 143, 144, 147, 148, 324 read wi...

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Bombay High Court Upholds Trial Court's Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1(3) CPC — Defect in Map and Incomplete Prayers Constitute Formal Defect....

The case arises from a civil revision application filed by the original defendant, Kashinath Badhe, challenging an order of the trial court dated 07/01/2015. The non-applicant/plaintiff, Vishnu Kolte,...

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Bombay High Court Dismisses Revision Against Refusal to Review Execution Order in Specific Performance Decree. Decree Holder's Failure to Deposit Balance Consideration Within Reasonable Time Leads to Satisfaction of Decree by Payment of Earnest Money....

The case involves a Civil Revision Application challenging an order of the executing court refusing to review its earlier order by which execution proceedings were disposed of treating the decree for ...

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Bombay High Court Allows Waiver of Six-Month Cooling-Off Period in Mutual Consent Divorce Case — Emphasizes Liberal Interpretation of Section 13B(2) of Hindu Marriage Act, 1955 to Do Substantial Justice. The Court held that the statutory period can be waived in exceptional circumstances, setting aside the Family Court's rigid approach....

The petitioners, a husband and wife, jointly filed a writ petition challenging an order dated 13-2-2017 passed by the Family Court, Akola, rejecting their application (Exhibit 9) for waiver of the six...

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Bombay High Court Allows Writ Petition Challenging Amendment of Written Statement for Lack of Due Diligence Finding. Order VI Rule 17 CPC Requires Finding of Due Diligence Before Allowing Amendment After Trial Commences....

The petitioner challenged the order dated 07.09.2015 passed by the trial court allowing the respondent's application for amendment of written statement at Exh. 32. The amendment application was entert...

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Bombay High Court Quashes Criminal Proceedings Against Editor in Defamation Case for Lack of Application of Mind by Magistrate. Order of Issuance of Process Set Aside as Non-Reasoned Under Section 204 CrPC — Editor's Liability Requires Specific Averments of Responsibility for Selection of Matter Under Sections 499, 500, 501, 502 IPC....

The petitioner, Mr. Raju Nayak, the Editor of the Marathi daily 'Lokmat', filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Pr...