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Bombay High Court Quashes Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC. Applicant, a Deputy Registrar, was prosecuted for alleged offences under Sections 406, 420, 467, 468, 471 IPC without prior sanction as required by Section 197 CrPC....

The applicant, Yogiraj Vasantrao Surve, was working as District Deputy Registrar, Cooperative Societies, Akola, and previously as Deputy Registrar, Cooperative Society, City-2, Nagpur from 2006 to 200...

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Bombay High Court Dismisses Application to Withdraw Consent for Arbitrator Appointment in Arbitration Dispute — Consent Once Given Cannot Be Unilaterally Withdrawn Under Section 11 of Arbitration and Conciliation Act, 1996....

The dispute arose out of a Memorandum of Understanding dated 23 October 2006 and an additional Memorandum of Understanding dated 27 March 2008 between Rosy Blue (India) Pvt. Ltd. (the applicant in the...

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Bombay High Court Dismisses Appeal Against Dismissal of Suit Against Foreign Sovereign and Union of India for Want of Consent Under Section 86 CPC and Being Time-Barred. Suit Against Sovereign Head of Netherlands Dismissed as Plaint Did Not Disclose Cause of Action and Was Barred by Limitation....

The appellant, K.S. Dhondy, filed a suit in the Bombay High Court for recovery of US $25 million with interest against two respondents: Her Majesty the Queen of Netherlands (First Respondent) and the ...

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Bombay High Court Allows Appeal Against Dismissal of Amendment Application - Article 137 of Limitation Act Does Not Apply to Amendment of Pleadings Under Order 6 Rule 17 CPC. The court held that the right to apply for amendment arises when the need is discovered, not on filing of written statement, and allowed the amendment to avoid multiplicity of proceedings....

The appeal arose from an order of the Learned Single Judge of the Bombay High Court dismissing a Chamber Summons for amendment of the written statement as barred by limitation under Article 137 of the...

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Bombay High Court Allows Wife and Children's Maintenance Enhancement Under Section 125 CrPC - Husband's Cruelty and Second Marriage Justify Wife's Refusal to Cohabit. Maintenance Enhanced to Rs. 1000 per Child and Rs. 1500 to Wife from Date of Application....

The petitioners, Parvin Firoz Shaikh (wife) and her two minor children, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the order of the Sessions Judge, Osman...

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High Court of Patna Allows Appeal Against Title Suit Decree — Reversal of Trial Court's Finding on Land Ownership....

The case involved a dispute over land ownership between the defendants-appellants and the plaintiffs-respondents concerning C.S. plot No. 274 and C.S. plot No. 272. The plaintiffs sought a declaration...

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Karnataka High Court Dismisses Minor Muslim Girl's Petition Seeking Exemption from Child Marriage Act. Personal Law Cannot Override Statutory Prohibition on Child Marriage Under Prevention of Child Marriage Act, 2006....

The petitioner, Seema Begaum, a 16-year-old Muslim girl, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a declaration that the provisions of the Prevention of Ch...

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Bombay High Court Quashes Criminal Proceedings in Family Loan Dispute — Dispute Essentially Civil, Not Criminal. Failure to Repay Loan and Dishonour of Cheques Do Not Attract Offences Under Sections 409 and 420 IPC When No Deception at Inception....

The petitioners, who are the original accused, filed a criminal writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of t...