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Bombay High Court Declares Assignment of Assets by Ex-Director Void Under Sections 536(2) and 537(1)(b) of Companies Act, 1956 — Post-Winding Up Sale Without Court Leave Invalid. The court held that any disposition of company property after winding up without court approval is void, and subrogation does not permit sale of assets without leave of the court....

The judgment concerns two reports filed by the Official Liquidator seeking a declaration that a Deed of Assignment dated 14.03.2012 executed by Mr. Shashi Gopal, an ex-director of Magnasound India Ltd...

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Bombay High Court Quashes FIR Against Vice Principal in Corruption Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. The court held that the petitioner, being a public servant, cannot be prosecuted without prior sanction under Section 19 of the Prevention of Corruption Act, 1988....

The petitioner, Dr. Ramchandra S/o Munjaji Bhise, was working as Vice Principal of Digambarrao Bindu Arts and Commerce College at Bhokar, District Nanded. On 30th June 2015, a student named Sunil Bhau...

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Bombay High Court Considers Maintainability of Revision Against Order Under Section 156(3) CrPC. Court examines whether an order directing police investigation under Section 156(3) is interlocutory and whether a revision petition under Section 397 or 401 CrPC lies against such order....

A batch of criminal writ petitions and applications came before the Division Bench of the Bombay High Court at Aurangabad, raising a common question of law regarding the nature of an order passed by a...

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Bombay High Court Quashes FIR Against Vice Principal in Corruption Case — Demand of Fees for University Admission Not a Bribe Under Prevention of Corruption Act. Fees collected as per university rules for study center admission do not constitute illegal gratification under Sections 7, 12, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988....

The petitioner, Dr. Ramchandra Munjaji Bhise, was the Vice Principal of Digambarrao Bindu Arts and Commerce College, Bhokar, which also ran a study center for Yashwantrao Chavan Maharashtra Open Unive...

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High Court of Bombay Considers Maintainability of Revision Against Order Under Section 156(3) CrPC. Division Bench Examines if Order Directing Police Investigation is Interlocutory and if Revision Lies Under Section 397 or 401 of the Criminal Procedure Code, 1973....

The High Court of Judicature at Bombay, Aurangabad Bench, was seized of several criminal writ petitions and applications challenging orders passed by Magistrates under Section 156(3) of the Code of Cr...

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Bombay High Court Allows Minority Institutions to Refuse Absorption of Surplus Teachers from Other Minority Institutions. Right of Minority Institutions Under Article 30(1) of the Constitution Protects Against Forced Absorption of Teachers from Other Minority Institutions....

The petitioners, Sardar Shikshan Sanstha and Anjuman FarogeETaleem, are minority educational institutions running Urdu primary schools in Dhule. They challenged the direction of the Education Officer ...

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Bombay High Court Dismisses Petition to Appoint Arbitrator in Redevelopment Dispute — Dispute Not Arbitrable Under Section 41(e) of Specific Relief Act, 1963. Termination of Development Agreement and Claim for Possession Cannot Be Referred to Arbitration as They Involve Specific Performance and Continuous Duties....

The petitioners, Anand Villa Co-Operative Housing Society Ltd. and its members, filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an ...

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Bombay High Court Allows Appeal in Property Dispute Over Redevelopment Agreement — Appellant Entitled to Specific Performance of Flat Allotment. Court held that the appellant was entitled to the entire 830 sq. ft. flat as per the agreement, not merely 562.5 sq. ft. free of cost, and that the learned Single Judge erred in restricting the relief....

The appellant, Kedar Chandrakant Berde, was the original plaintiff in a suit against Rishabraj Housing and Virangula Cooperative Housing Society Limited. The dispute arose out of a redevelopment agree...

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Bombay High Court Allows State's Petition Challenging Commissioner's Stay on Compulsory Retirement of Disabled Employee. Commissioner under Disabilities Act lacks jurisdiction to interfere with compulsory retirement order under Rule 10(4)(b) of Maharashtra Civil Services (Pension) Rules, 1982....

The State of Maharashtra filed a writ petition challenging the order of the Commissioner appointed under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation...