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Bombay High Court Quashes Transfer Order for Non-Compliance with Statutory Requirements under Maharashtra Government Servants Regulation of Transfers Act, 2005. Transfer Order Set Aside as It Was Passed Without Recording Reasons and Without Prior Permission of Competent Authority as Mandated by Section 4(5) of the Act....

The petitioner, Shri A. P. Kamble, challenged an order dated 20 January 2014 passed by the original Application No.730/2011, which allowed the application of respondent No.2 and quashed the transfer o...

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Bombay High Court Allows Father's Custody Petition for Minor Son in Habeas Corpus Proceedings. Father, acquitted of murder charges, held entitled to custody of his child as natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, despite allegations of misconduct....

The petitioner, Amol Ramesh Pawar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking custody of his minor son Tejas, aged two and a half years, who was in the custo...

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Bombay High Court Dismisses Writ Petition Challenging Minister's Order in Land Remeasurement Dispute. The court held that the Minister's order allowing remeasurement of Survey No.254/2 did not suffer from perversity or error of law under Article 227 of the Constitution of India....

The petitioners, six agriculturists, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 7-8-2013 passed by the Minister for State for Revenue, Maharashtra....

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Bombay High Court Quashes Refusal to Renew Firearm Licenses in Arms Act Case — Licensing Authority Must Record Reasons and Consider Individual Circumstances. Failure to Provide Reasons and Non-Application of Mind Renders Orders Unsustainable Under Section 13 of Arms Act, 1959....

The petitioners, father and son, held firearm licenses under Section 13 of the Arms Act, 1959, granted in 1993 and 2008 respectively. When they applied for renewal, the District Magistrate, Parbhani, ...

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Bombay High Court Dismisses Petition Challenging MIDC Plot Allotments — No Arbitrariness Found in Allotment Process. Petitioner's claim for allotment based on alleged earmarking fails as no legal right established....

The petitioner, Vikrant Industries, a sole proprietorship, filed a writ petition under Articles 226, 14, and 19 of the Constitution of India challenging the allotment of plots in the Latur MIDC area t...

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Bombay High Court Dismisses Second Appeal in Cooperative Society Dispute — Civil Court Has Jurisdiction Over Recovery of Possession. The substantial question of law regarding Section 91 of the Maharashtra Cooperative Societies Act, 1960 was answered in light of Supreme Court precedent holding that disputes between a society and non-members are not barred....

The present second appeal arises from a suit filed by the respondent, Madhaodas s/o Mohanlal Mundhada, who is the Treasurer of Pradhyapak Sahakari Gruha Nirman Sanstha Ltd., Washim, against the appell...

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Bombay High Court Allows Second Appeal in Electricity Bill Dispute — Sets Aside Lower Appellate Court's Judgment for Non-Compliance with Order 41 Rule 31 CPC. First appellate court must independently assess evidence and give reasons for reversal of trial court's findings....

The appellant, Sureshkumar S/o Rochiram Jagyasi, was a customer of the Maharashtra State Electricity Distribution Company Ltd. (respondent) and operated a stone crushing unit at Village Khapri, Taluka...

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Bombay High Court Hears Arguments on Constitutional Validity of Shivraj Fine Art Litho Works (Acquisition and Transfer of Undertaking) Act, 1984 — Matter Remains Undecided in Provided Text. Petitioner Contended Act Lacked Nexus with Directive Principles and Was Not Protected Under Article 31C....

The petitioners, M/s Shivraj Fine Art Litho Works, a partnership firm, challenged the constitutional validity of the Shivraj Fine Art Litho Works (Acquisition and Transfer of Undertaking) Act, 1984 (M...