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Bombay High Court Allows Writ Petition Challenging Ex-Parte Removal of Sarpanch Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 — Violation of Natural Justice. Failure to Provide Opportunity of Hearing Before Removal Renders Order Unsustainable....

The petitioner, Sunil Daulat Patil, was the Sarpanch of Gram Panchayat Tambole, Taluka Chalisgaon, District Jalgaon. Respondent No. 5, Digambar Bhagwan Kumawat, filed a complaint against the petitione...

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Bombay High Court Allows Return of Seized Wheat in Essential Commodities Act Case — Interim Custody Granted to Owner Pending Confiscation Proceedings. Magistrate and Sessions Court Erred in Refusing Release on Ground of Possible Confiscation Without Considering That No Confiscation Order Had Been Passed....

The petitioner, Hasankhan s/o Sherkhan Pathan, was accused no.3 in Crime No. II-49/2012 registered at Gangapur Police Station for offences under Sections 3 and 7 of the Essential Commodities Act, 1955...

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Bombay High Court Quashes FIR in Section 354 IPC Case Due to False Allegations and Malicious Prosecution. Complaint Filed After Acquittal in Related Case Found to be Vexatious and an Abuse of Process of Law....

The applicants, Sitaram Madhavrao Wagh and Raosaheb Trimbak Tarde, filed a Criminal Application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Crime No.5 of 2006 regist...

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Bombay High Court Quashes Prosecution Against Doctors in PCPNDT Act Case for Lack of Incriminating Material. The court held that the accusation was groundless under Section 245(2) CrPC, as no specific role was attributed to the applicants....

The applicants, Dr. Pratidnya Jayesh Shinde and Dr. Rahul Sudhirchandra Shinde, were accused nos. 2 and 3 in Regular Criminal Case No. 7 of 2012 pending before the Judicial Magistrate (First Class), A...

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Bombay High Court Dismisses Petition in Rent Control Act Applicability Case — Open Plot Not Covered Under Premises Definition. Maharashtra Rent Control Act, 1999 does not apply to open plots as they are not buildings or part of buildings....

The petitioner, M/s Pradeep Advertising Agency, a proprietorship firm, filed a writ petition challenging the concurrent findings of the trial court and the first appellate court that the premises let ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation Award Upheld. Joint liability of insurer and owners for injuries caused by rash and negligent driving of tractor and trolly under Section 166 of Motor Vehicles Act, 1988....

The appellant, The Oriental Insurance Company Limited, challenged the judgment and award dated 22.8.2012 passed by the Motor Accident Claims Tribunal, Wardha, in M.A.C.P. No. 179 of 2008. The Tribunal...

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Bombay High Court Sets Aside Arbitral Award Rejecting Counter Claim for Non-Payment of Fees — Arbitral Tribunal Cannot Reject Counter Claim Without Separate Fee Schedule for Counter Claim...

The petitioner, M/s Gammon India Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an interim award dated 22 July 2013 passed by the arbitral tribunal....

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Bombay High Court Allows Appeal Against Demolition Order in Slum Area — Municipal Corporation Directed to Follow Slum Act Procedure. Notice under Section 351 of MMC Act set aside as premises fell within declared slum area requiring compliance with Maharashtra Slum Areas Act, 1971....

The appellant, Shri Ramawatar Babulal Jajodia, filed an appeal against an order dated 14.10.2013 passed by the City Civil Court, Borivali Division, Dindoshi, Mumbai, dismissing his Notice of Motion. T...

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Bombay High Court Adjudges Writ Petition in Civil Suit Alleging Advocate's Fraud. Withdrawal of Suit Without Plaintiff's Instructions Examined Under Order XXIII, Rule 1 of Code of Civil Procedure, 1908...

The petitioner entered into an agreement of sale dated 6.7.2005 for purchase of agricultural land from respondent nos. 2 and 3 for Rs.15,00,000/-, paying Rs.13,00,000/- as earnest money and receiving ...