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Bombay High Court Allows Complainant's Petition in NI Act Case — Revisional Court Cannot Set Aside Process on Unpleaded Territorial Jurisdiction Ground. The court held that the revisional court exceeded its jurisdiction by considering an issue not raised in the revision memo, violating principles of natural justice....

The petitioner, Sagar Ravan Pujari, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Vasuda Nandan Sarmalkar, before the Metropolitan Magistrate, 21s...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Improper Appreciation of Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Sitaram Hiraman Jopale, was convicted under Section 302 IPC for the murder of his wife Bharati. The prosecution case was that the appellant, who was jobless and ill-treated his wife, ki...

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Bombay High Court Appoints Sole Arbitrator in Family Dispute Over Partnership and Company Matters — Mediation Failed. Court holds that disputes arising from Deed of Family Settlement and Partnership Deed are arbitrable and that non-signatory companies can be joined as parties to arbitration....

The case involves two groups of the same family, the CPS group (Chandrakant Phoolchand Sanghvi and others) and the APS group (Anilkumar Phoolchand Sanghvi and others), who were parties to a Deed of Fa...

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Bombay High Court Allows Appeals in Insolvency Case, Holds Insolvency Court Has Jurisdiction Over Stranger Claims Under Presidency Towns Insolvency Act. The court set aside the Single Judge's order that the insolvency court lacked jurisdiction to entertain proceedings against a stranger claiming tenancy rights, and remanded the matter for fresh consideration....

The case involves two appeals arising from a decision of a Learned Single Judge of the Bombay High Court in insolvency proceedings under the Presidency Towns Insolvency Act, 1909. The insolvent was th...

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Bombay High Court Dismisses Petitions Challenging Foreclosure of Contracts for Space Under Flyovers by MSRDC. Contractual Termination Upheld Due to Breach of Terms and Public Interest....

The judgment involves multiple writ petitions filed by contractors challenging the foreclosure of contracts by the Maharashtra State Road Development Corporation (MSRDC) for space under flyovers in Mu...

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Bombay High Court Dismisses Part-Time Teacher's Pension Claim — Part-Time Employee Not Entitled to Pension Under MCGM Pension Rules. Continuous service for 24 years as part-time teacher does not confer full-time status or pension eligibility under the Bombay Municipal Corporation (Pension) Rules, 1992....

The petitioner, Pradnya Padmakar Damle, worked as a part-time teacher for deaf students under the Municipal Corporation of Greater Mumbai (MCGM) from 1st January 1986 to 31st January 2010, a total of ...

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Bombay High Court Allows Petitions Challenging MPSC's Method of Awarding Marks for Incorrect Questions in Recruitment Examination. Court holds that awarding zero marks for incorrect questions is arbitrary and directs MPSC to award marks for all candidates who attempted the incorrect questions....

The petitioners, four candidates who applied for the post of Deputy Collector in the Maharashtra Public Service Commission (MPSC) recruitment examination in 2012, challenged the MPSC's method of award...

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Bombay High Court Quashes Promotions in Municipal Corporation Due to Non-Compliance with Reservation Policy and Seniority Rules. The court held that promotions must follow the prescribed reservation policy and consider seniority, and directed reconsideration of promotions....

The petitioner, Narendra Barde, filed a writ petition under Article 226 of the Constitution of India challenging the promotion of Respondent Nos. 2 and 3 (Sunil Dhamane and Ramesh W. Pawar) to the pos...

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High Court of Karnataka Allows Release of Seized Vehicle in Essential Commodities Act Case — Petitioner Entitled to Interim Custody of Truck Pending Confiscation Proceedings. The court directed release of the vehicle on furnishing bank guarantee and undertaking, balancing the interests of justice and the need to secure the vehicle for potential confiscation....

The petitioner, Mahalingappa, is the registered owner of a truck bearing registration No.KA-32/B-2604. On 30.11.2011, the PSI of Shahabad Police Station seized the truck along with food grains, allegi...

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High Court of Karnataka Enhances Compensation for Death of Pillion Rider in Motorcycle Accident — Multiplier Corrected from 13 to 16 as per Sarla Verma. Loss of dependency recalculated with 50% future prospects and 1/4th deduction for personal expenses, increasing total compensation from Rs. 6,35,000 to Rs. 13,21,000....

The appeal was filed by the claimants, being the widow, two minor children, and mother of the deceased Umesh Survase, who died in a motor vehicle accident on 14.5.2010 while riding as a pillion on a m...