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Bombay High Court Dismisses Petition by Municipal Corporation Challenging Bar Council Resolution Prohibiting Full-Time Salaried Law Officers from Practicing as Advocates. The Court Held That the Deletion of Exception Under Rule 49 of the Advocates Act, 1961 Is Valid and Applies to Municipal Law Officers....

The case involves a challenge by the Municipal Corporation of Greater Mumbai and its Principal Law Officer against resolutions of the Bar Council of India and the Bar Council of Maharashtra and Goa th...

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Bombay High Court Dismisses Winding-Up Petition in Company Dispute Over Back-to-Back Payment Clause. Payment Obligation Conditioned on Receipt from HAL, Not Absolute Debt, Hence Bona Fide Dispute Exists....

The petitioner, Tata Advanced Materials Ltd., filed a company petition under Sections 433 and 434 of the Companies Act, 1956, seeking winding up of the respondent, Tooltech Global Engineering Pvt. Ltd...

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Bombay High Court Dismisses Winding Up Petition for Unpaid Consultancy Fees Due to Bona Fide Dispute. Disputed liability under Financial Advisor Agreement not admitted by company, held not a ground for winding up under Sections 433 and 434 of Companies Act, 1956....

The petitioner, Meghraj Capital Advisors Private Limited, filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 against Samira Constructions Limited for recovery of unpaid ...

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Bombay High Court Allows Appeal Against Remand Order in Compromise Decree Dispute — Regular Civil Appeal Not Maintainable Against Consent Decree Under Order 23 Rule 3 CPC. The Court held that a consent decree cannot be challenged by a regular appeal and the lower appellate court's remand order was without jurisdiction....

The appellant, Ramesh Balaji Ekhande, original plaintiff no.5, challenged the judgment dated 17.3.2008 passed by the District Judge-3, Nasik in Civil Appeal No.125 of 1996. The suit, Special Civil Sui...

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Bombay High Court Allows Petition Challenging Commissioner's Order in Gram Sabha Resolution Dispute — Procedural Irregularities in Gram Sabha Proceedings Render Resolution Invalid....

The Petitioner, Gajanan Baburao Sankpal, was the Chairman of the Pani Purvatha Ani Swachhata Samiti (Water Supply and Sanitation Committee) constituted by the Gram Sabha of Shirol village on 26.01.200...

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Bombay High Court Full Bench Considers Validity of Rule Excluding Full-Time Salaried Assistant Public Prosecutors from District Judge Appointments. The case concerns interpretation of 'advocate' under Article 233(2) of the Constitution and consistency with Supreme Court precedent....

The Full Bench of the Bombay High Court heard a reference arising from a writ petition filed by six Assistant Public Prosecutors employed on a full-time salaried basis by the Government of Maharashtra...

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Bombay High Court Quashes Section 498A IPC Proceedings Due to Settlement Between Husband and Wife. Criminal proceedings under Section 498A IPC quashed as parties settled their differences and complainant expressed no objection....

The applicants, who were the original accused in R.C.C. No. 12 of 2009 pending before the Judicial Magistrate, First Class, Nandurbar, filed an application under Section 482 of the Code of Criminal Pr...

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Bombay High Court Allows Condonation of Delay in Filing Appeal Against Acquittal in Dowry Death Case — Liberal Approach to Limitation for Complainant. Delay of 38 days condoned as sufficient cause shown by complainant, rejecting hypertechnical approach of Sessions Judge under Section 5 of Limitation Act, 1963....

The petitioner, Vrandawani Dalvi, the mother of the deceased Jayshree, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 6.2.2012 passe...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Lack of Material to Show Instigation or Abetment. Allegations of Mental Harassment by Friends of Unrequited Love Not Sufficient to Attract Section 306 IPC....

The applicant, Girish Bole, along with others, was accused of abetting the suicide of a young woman, Ekta Pradhan, who set herself ablaze on 29 February 2012. The dying declaration recorded by the Exe...

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Bombay High Court Dismisses Motion to Set Aside Insolvency Notice Based on Arbitral Award — No Stay of Execution Exists. Pendency of appeal under Section 37 of Arbitration and Conciliation Act, 1996 does not operate as stay unless specifically granted, and insolvency notice based on award not stayed is valid....

The case involves a Notice of Motion taken out by Mr. Harshad Moorlidhar Shah, Judgment Debtor No. 3, to set aside Insolvency Notice No. N/19 of 2012 dated 29 June 2012. The insolvency notice was issu...