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Bombay High Court Allows Criminal Application Against Quashing of Process in NI Act Case — Company Can Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Despite Being Incorporated Under Companies Act. The revisional court's reliance on Natural Sugar case was misplaced as the Supreme Court in Standard Chartered Bank and Iridium India Telecom Ltd. held that a company is liable for criminal prosecution....

The applicant, M/s Wairagade Engineering Corporation, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against M/s Hiren Aluminum Ltd. and the State of Maharashtra....

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  • 155
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Bombay High Court Allows Drivers' Petition for Time Bound Promotion Scheme Benefits. Government Resolution dated 17.5.2003 Quashed as Discriminatory Against Drivers in Zilla Parishads....

The petitioners, four drivers employed by Zilla Parishads in Gadchiroli, Amravati, and Chandrapur, filed a writ petition seeking quashing of Government Resolution dated 17.5.2003, which excluded them ...

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  • 192
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Bombay High Court Upholds Status Quo Order in Property Dispute Between Gram Panchayat and Steel Merchants Association. Appellate Court's Direction to Maintain Status Quo Pending Suit Upheld as Balance of Convenience Lies in Preserving Subject Property....

The petitioner, Gram Panchayat Kapsi Khurd, was the original defendant in a suit filed by the respondent, Steel Merchants Association. The respondent claimed ownership of Survey Nos. 69/1, 69/2, and 6...

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Bombay High Court Allows Panchayat Samiti Member's Nomination to Market Committee Over Chairman's Claim — Rule 40A of Maharashtra Agricultural Produce Marketing Rules, 1967 Cannot Override Section 13(1)(d) of the Act. The court held that the Panchayat Samiti's resolution electing a member as its representative under Section 13(1)(d) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 is valid and cannot be overridden by Rule 40A of the Rules....

The petitioner, Rajeshri Arun Munghate, a member of the Panchayat Samiti, Gadchiroli, challenged an order of the District Deputy Registrar, Cooperative Societies, Gadchiroli, dated 2 May 2014, which r...

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  • 115
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Bombay High Court Dismisses Writ Petition Seeking Mandamus to Compel Tender Award for High Security Registration Plates. Court holds that the petitioners failed to demonstrate any legal right to compel the respondents to award the tender after the tender process was cancelled due to policy changes and pending litigation....

The petitioners, Utsav Safety Systems Pvt. Ltd. and Rosemerta Autotech Pvt. Ltd., filed a writ petition before the Bombay High Court at Goa seeking a mandamus to compel the respondents, the State of G...

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  • 197
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Bombay High Court Quashes NOC and Construction Licence for Non-Compliance with Land Conversion Requirements. Certificate of Existence of Structures Based on Mundkarial Huts Held Invalid to Avoid Conversion Fees Under Land Revenue Code....

The petitioners, Colva Civic and Consumer Forum, filed a writ petition challenging the NOC dated 28/3/2007 issued by the Deputy Town Planner (respondent No.3), the construction licence dated 31/3/2007...

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  • 152
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High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Appellant's claim of loan advanced to friend fails as no legally enforceable debt existed, leading to acquittal under Section 138 of Negotiable Instruments Act, 1881....

The appellant, Shri Datta S. Nadkarni, filed a criminal appeal challenging the acquittal of the first respondent, Mr. Salvador Fernandes, from an offence punishable under Section 138 of the Negotiable...

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  • 78
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Bombay High Court Examines Whether Assignee Bank Can Invoke SARFAESI Act for Debt Assigned by NBFC. The case involves interpretation of 'debt' and 'secured creditor' under SARFAESI Act, 2002 and RDDBFI Act, 1993, and the effect of assignment from a non-banking financial company to a bank....

The petitioner, a banking company, sought to enforce security interest under the SARFAESI Act after acquiring a debt and underlying security from a non-banking financial company (NBFC) through a deed ...

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Bombay High Court Dismisses Petition Challenging Inquiry and Appointment of Authorized Officer Under MCS Act — Petitioner Failed to Show Prejudice or Violation of Natural Justice. Inquiry Under Section 83 is Fact-Finding; Opportunity at Section 88 Stage Sufficient....

The petitioner, Gulabrao Sakharam Shelke, a former director of the Maharashtra State Co-operative Bank Ltd. (Respondent No.5), filed a writ petition under Article 226 of the Constitution challenging t...

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Bombay High Court Dismisses Plaintiff's Suit Seeking Removal of Managing Director on Ground of Age Limit Under Companies Act, 2013. Section 196(3)(a) of Companies Act, 2013 Held Not Retrospective and Does Not Automatically Terminate Existing Appointments....

The plaintiff, a director of Ultramarine & Pigments Limited, filed a suit seeking an order to restrain the 2nd defendant, the Chairman and Managing Director, from functioning on the ground that he had...

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court Upholds Petition for Incentive FSI in Redevelopment of Mixed Structures — Cla...

High Court Allows Writ Petition for Pension Benefits Due to Long Service. Court Recognizes...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Allows Appeal in Limitation Dispute Over Civil Works Contract. The Court fou...

Supreme Court Upholds Compulsory Retirement of Employees in Public Service — Validity of...

Supreme Court Upholds Eviction Process in Forest Areas While Ensuring Compliance with Fore...

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