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Bombay High Court Quashes Criminal Proceedings Against Sleeping Partner and Employees in Drugs Case for Lack of Specific Allegations. Vicarious Liability Cannot Be Imposed Without Showing That Accused Was In Charge of Business Under Section 34 of Drugs and Cosmetics Act, 1940....

The Bombay High Court dealt with an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Criminal Case No.357/2011 pending before the Chief Judicial Magistr...

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Bombay High Court Allows Appeal Against Rejection of Impleadment in Estate Administration Suit. Suit for Administration of Estate Does Not Abate on Death of Plaintiff, Legal Representatives Can Be Substituted....

The appeal arose from an order of a learned Single Judge of the Bombay High Court dated 20th March 2013, rejecting the appellant's application to be impleaded as a plaintiff in Suit No. 1240 of 1989. ...

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Bombay High Court Allows Appeal in Juvenile Justice Case — Conviction for Murder Set Aside Due to Lack of Proper Inquiry into Age. Applicant's claim of juvenility at time of offence not properly considered by trial court, warranting remand for fresh determination under Section 7A of Juvenile Justice (Care and Protection of Children) Act, 2000....

The applicant, Ratnadeep s/o Jalba Dhawale, was convicted under Section 302 of the Indian Penal Code (IPC) for murder by the Additional Sessions Judge, Nilanga, in Sessions Case No.16 of 2011, vide ju...

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High Court of Karnataka Quashes Criminal Proceedings Against Police Officer in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Initiation of prosecution against a public servant without prior sanction under Section 197 CrPC is void ab initio....

The petitioner, Sri Labhuram, a Deputy Commissioner of Police (Crime) in Bangalore, filed a petition under Section 482 CrPC seeking to quash the order dated 05.07.2012 passed by the JMFC, Suliya, in P...

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Bombay High Court Dismisses Petition Challenging Recognition of Party Leader in Municipal Corporation. The court upheld the Divisional Commissioner's order recognizing respondent No.3 as the leader of the Nationalist Congress Party under the Maharashtra Local Authority Members Disqualification Act, 1986, as the petitioner failed to prove his claim....

The petitioner, Avinash Gulabrao Mardikar, filed a writ petition challenging the order of the Divisional Commissioner, Amravati Division, dated 16/06/2014, which recognized the respondent No.3, Sunil ...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Full Back-Wages for Illegal Termination of Workman. Employer's Denial of Employment Relationship Rejected Based on Documentary Evidence and Conduct....

The case involves a writ petition filed by Tekchand Khanchandani, proprietor of Vikas Garments, challenging a Labour Court award dated 8 June 2006. The Labour Court had held that the termination of th...

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Bombay High Court Dismisses Petition Challenging Tender Rejection in Mid-Day Meal Scheme — No Right to Claim Contract Beyond Tender Conditions. Petitioner failed to comply with mandatory e-tender requirements and could not claim estoppel against government in contractual matters....

The petitioner, Sahyadri Madhyawarti Sahakari Grahak Sangh Maryadit, a cooperative society, filed a writ petition challenging the rejection of its tender by the Directorate of Primary Education, Mahar...

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Bombay High Court Modifies Stay Order in Motor Accident Claim Appeal — Insurer Directed to Deposit 50% of Awarded Amount for Claimant's Withdrawal. Appellate Court's Discretion Under Order 41 Rule 3 CPC Allows Imposition of Deposit Condition While Granting Stay of Execution of MACT Award....

The present matter involves two civil applications arising out of First Appeal No.631 of 2012 filed under Section 173 of the Motor Vehicles Act, 1988 against an award dated 18th July 2011 passed by th...

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Bombay High Court Dismisses Section 9 Petition for Appointment of Court Receiver in Partnership Dispute — Petitioner Failed to Establish Strong Prima Facie Case for Interim Relief. Court held that disputes regarding partnership accounts and alleged mismanagement must be resolved through arbitration, not by appointing receiver at interim stage....

The petitioner, Minochar @ Minoo Aspandyar Irani, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking appointment of Court Receiver of the business and assets of the...

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Bombay High Court Allows Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unstamped MOU. Stamp Objection Is for Arbitral Tribunal to Decide, Not a Bar to Appointment of Arbitrator....

The applicants, Nilesh Shantilal Tank and Praful Shantilal Tank, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator t...