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Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Unreliable Evidence and Failure to Prove Debt. Complainant failed to establish legally enforceable debt or liability under Section 138 of Negotiable Instruments Act, 1881 as loan transaction was not proved....

The appellant, Meera S. Chiplunkar, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, Ashalata Rawji Kondkar. The complainant al...

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High Court Sanctions Composite Scheme of Arrangement and Amalgamation Involving Transfer of Business and Reduction of Capital — No Objection from Regional Director or Income Tax Department....

The High Court of Bombay considered two company scheme petitions seeking sanction of a composite scheme of arrangement and amalgamation. The transferor company, Sterling Holiday Resorts (India) Ltd. (...

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Bombay High Court Dismisses Challenge to Letter of Intent for Cluster Redevelopment Under DCR 33(9) — No Violation of Tenant Rights Found. Petitioner's claim of illegalities in documents and failure to execute permanent alternate accommodation agreements rejected as premature and lacking merit....

The petitioner, Mr Murtuza Shabbir Tinwala, a resident and tenant in the Bhendi Bazaar Area, filed a Writ Petition challenging the Letter of Intent (LOI) dated 10th August 2011 issued by the High Powe...

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High Court of Bombay Dismisses Employer's Appeal in Workmen's Compensation Case — Employer Liable for Compensation Despite Insurance Exoneration. Employer failed to establish breach of policy conditions; Commissioner's award of compensation and penalty upheld under Workmen's Compensation Act, 1923....

The case involves a first appeal filed by the employer, Balaji Constructions, challenging the judgment and order of the Commissioner appointed under the Workmen's Compensation Act, Civil Judge, Senior...

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Bombay High Court Upholds Acquittal in Murder Case Due to Lack of Evidence and Unreliable Witnesses. Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt Under Section 302 IPC....

The State of Maharashtra appealed against the acquittal of Santosh Baban Madhe for the murder of Rakhamabai under Section 302 IPC. The prosecution case was based on circumstantial evidence: the accuse...

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High Court of Bombay at Aurangabad Partly Allows MSRTC Petition in Employee Dismissal Case — Backwages Denied Due to Lack of Pleading of Unemployment. Reinstatement with Continuity Upheld as Enquiry Findings Were Perverse, but Full Backwages Set Aside Following Supreme Court Precedent in State of Punjab v. Krishan Niwas....

The Maharashtra State Road Transport Corporation (MSRTC) dismissed its employee, Pandurang Trimbak Dusane, on 30 June 1989 after a departmental inquiry found him responsible for an accident causing da...

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High Court of Karnataka Quashes Maintenance Petition Against Illegitimate Children Under Section 125 Cr.P.C. — No Legal Obligation on Illegitimate Children to Maintain Step-Mother and Step-Siblings. Section 125 Cr.P.C. does not impose liability on illegitimate children to maintain father's second wife and her children....

The petitioners, Smt. Seema and Smt. Sudha, are the legitimate daughters of late P. Ravishankar, who died on 31.12.2008. The respondents, Smt. Pramila and her two minor children, claimed to be the sec...

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Bombay High Court Allows Appeal Against Refusal of Temporary Injunction in Suit for Specific Performance — Restrains Defendant from Creating Third Party Interest Pending Suit. Part Payment of Rs.10 Lacs Out of Rs.19 Lacs Consideration Under Agreement to Sell Warrants Protection of Property from Alienation Under Order XXXIX Rules 1 and 2 CPC....

The appellant (plaintiff) filed Special Civil Suit No.10 of 2014 seeking specific performance of an agreement to sell a property for a consideration of Rs.19.00 Lacs, out of which Rs.10.00 Lacs had al...

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Bombay High Court Dismisses Petition Challenging No Objection Certificate for Society Redevelopment. Circular dated 3rd January 2009 under Section 79A of Maharashtra Co-operative Societies Act, 1960 held not mandatory but directory....

The Petitioner, a member of Navbharatiya Bhavan (1) Co-op. Hsg. Soc. Ltd., challenged the order dated 1st November 2014 granting a No Objection Certificate for re-development of the society's building...