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Bombay High Court Dismisses Appeal and Writ Petition in Cooperative Housing Dispute — Upholds Society's Title Over Suit Property. Appellant's Claim for Declaration of Title Fails as Suit Was Barred by Limitation and Society's Title Was Established Through Prior Proceedings....

The appellant, Bhuwaneshwar Rajkishore Tripathi, filed First Appeal No.1454 of 2003 against the judgment and order dated 15-07-2002 passed by the City Civil Court, Greater Mumbai, dismissing his suit ...

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Bombay High Court Allows Appeal in Employee Compensation Case — Interim Payment Not Deductible from Final Compensation Under Section 8(1) of Employees Compensation Act, 1923. Court holds that interim compensation voluntarily paid by employer cannot be deducted from the amount deposited under Section 8(1) as the Act does not provide for such deduction....

The appeal was filed by the parents of Miss Sujata Siddharth Survase, who died in the Mangalore air crash on 22 May 2010 while working as a crew member for Air India Charters Ltd. The employer deposit...

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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order 7 Rule 11 CPC — Plaint Disclosed Cause of Action for Declaration and Injunction Regarding Tenancy Rights. The court held that the trial court erred in rejecting the plaint as it raised triable issues concerning tenancy and agreements between defendants....

The appellant, legal heir of Prahladsingh Ramkhilavan Singh, filed appeals against the rejection of plaints in two suits under Order 7 Rule 11 of the Civil Procedure Code, 1908. The original plaintiff...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Complainant Failed to Prove That Notice Was Sent to Correct Address of Accused, Leading to Dismissal of Complaint....

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s. General Detergents (the appellant/complainant) against Arun H. Merchant and others (the responden...

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Bombay High Court Dismisses Appeal Seeking Discharge from Undertaking in Consent Terms — Undertaking Given in Consent Terms Cannot Be Modified Unilaterally Without Proof of Fraud or Mistake....

The appeal arises from a judgment and order of the learned Single Judge dated 27 June 2011, dismissing a Notice of Motion taken out by the Appellants (Ramesh Raghunath Joshi and another) seeking to be...

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Bombay High Court Dismisses Appeal Against Order Holding Lack of Jurisdiction to Entertain Section 34 Petition Under Arbitration and Conciliation Act, 1996 — Lease Agreement's Arbitration Clause Referred to Arbitration Act, 1940, But Court Applies Section 2(4) of 1996 Act to Determine Jurisdiction Based on Seat of Arbitration....

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 23 January 2013, which held that the Bombay High Court had no jurisdiction to entertain a petition under Secti...

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Bombay High Court Dismisses Criminal Writ Petition in Loan Dispute — Civil Nature of Transaction Precludes Criminal Liability. Failure to Repay Loan Does Not Attract Offences Under Sections 406 and 420 IPC Without Evidence of Entrustment or Deception at Inception....

The petitioner, Satish @ Sanjay Dagadu Padwal, filed a criminal complaint against respondent No.2, Ashok Shivaji Padwal, alleging offences under Sections 406 (criminal breach of trust) and 420 (cheati...

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Bombay High Court Allows Accused to Participate in 'B' Summary Report Proceedings — Right of Hearing Not Denied to Accused Under Section 173 CrPC. The accused is entitled to be heard before the Magistrate decides on a 'B' summary report, as the decision may affect his liberty and reputation....

The petitioner, Gopal Bhagwan Sonar, was the original first informant in a criminal case registered at Parola Police Station, Jalgaon, alleging offences under Sections 392, 342, 468, 471, 420 read wit...

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Bombay High Court Quashes Transfer Order in Negotiable Instruments Act Case for Violation of Natural Justice. Transfer of complaint cases under Section 138 of the Negotiable Instruments Act, 1881 without notice to complainants held illegal....

The petitioner, Mohammed Arshad Iqbal Abdul Rashid, was the complainant in S.C.C. No.3630 of 2012 filed before the Judicial Magistrate First Class, Aurangabad (Court No.1) against respondent No.1 for ...

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Bombay High Court Quashes Reappointment of Superintendent in Gurudwara Board Case Due to Lack of Statutory Approval. Pay Fixation Set Aside as Contrary to Prescribed Pay Band Under Maharashtra Act No. XXV of 1956....

The petitioners, Sardar Surinder Singh and Sardar Ravinder Singh, members of the Sikh community, filed a writ petition challenging the order dated 21.05.2012 issued by Respondent No.2, the District Co...