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Bombay High Court Allows Appeal Against Recall of Commissioner Appointment in Commercial Suit — Coordinate Bench Cannot Recall Orders of Another Coordinate Bench Unless Per Incuriam. Order Appointing Commissioner Without Reasons Is Not Per Incuriam Under Order XVIII Rule 4 CPC....

The reference before the Division Bench arose from an order dated 4 July 2012 of a learned Single Judge (B.R. Gavai J.) in Suit No.550 of 2003. The suit was filed by Ayushakti Ayurved Pvt. Ltd. agains...

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Bombay High Court Allows Discharge of Former Director in Cheque Dishonour Case — Resignation Prior to Cheque Presentation Absolves Liability Under Section 138 NI Act. Petitioner ceased to be director before cheque date, thus not liable as 'person in charge' under Section 141 NI Act....

The petitioner, Bindu Kumar Mehta, was accused no.3 in Criminal Case No.1009/SS/2011 pending before the Metropolitan Magistrate, 48th Court, Andheri, for an offence under Section 138 of the Negotiable...

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Bombay High Court Upholds Injunction Against Videocon for Infringing Whirlpool's Registered Washing Machine Designs Under Designs Act, 2000. The court found that Videocon's washing machine was identical in shape and configuration to Whirlpool's registered designs, and the designs were novel and not prior published....

The respondent, M/s Whirlpool of India Limited, filed a suit against the appellant, M/s Videocon Industries Limited, alleging infringement of its registered designs for washing machines under the Desi...

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Bombay High Court Allows Revision Application in Hindu Marriage Act Case — Sets Aside Ex Parte Decree Due to Lack of Proper Service. Service by affixture without prior attempts at personal service is not sufficient compliance with Order 5 Rule 17 CPC....

The revision applicant, Kishore @ Sundar s/o Rupchand Gujar, filed a Hindu Marriage Petition No. 96 of 2007 seeking divorce from his wife, Archana w/o Kishore Gujar, on the ground of cruelty under Sec...

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Bombay High Court Allows Writ Petition Challenging Trial Court's Order Allowing Production of Documents Under Order XIII Rule 3(1)(a) CPC — Documents Cannot Be Reserved for Cross-Examination of a Party. The court remanded the matter for fresh consideration after hearing both sides....

The petitioner, Purushottam Shankar Ghodgaonkar, filed a writ petition challenging an order dated 7 July 2011 passed by the Civil Judge, Junior Division, Chopda, allowing application Exh.154 under Ord...

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High Court of Bombay at Aurangabad Considers Petitions Regarding Primary Teacher Qualifications Under MEPS Act. Court Examines Whether B.Ed. Can Substitute for D.Ed. as Minimum Qualification for Primary Teachers....

The judgment arises from three writ petitions filed under Article 226 of the Constitution involving service disputes of teachers in a private primary school. Petitioner Abdul Jamey, who held B.A., B.C...

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Bombay High Court Upholds Conviction of Appellant for Rape of Minor under Goa Children's Act and IPC. Testimony of victim alone held sufficient for conviction, delay in FIR explained....

The appellant, Deepak Nanku Singh, was convicted by the Children's Court, Panaji for the offence punishable under Section 8(2) of the Goa Children's Act, 2003 read with Section 376 of the Indian Penal...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Loan Recovery Suit Based on Written Contracts and TDS Certificate. Loan advanced under written agreements and TDS certificate issued by defendant establishes debt; defendant's defence of no written contract rejected as moonshine....

The plaintiff, Mohandas I. Chatlani, filed a summary suit against the defendant, Varad L. Ullal, for recovery of Rs.72,68,750/- with interest. The suit was based on two written collateral agreements d...

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Bombay High Court Acquits Accused in Section 411 IPC Case Due to Lack of Evidence of Knowledge of Stolen Property. Conviction for Dishonest Receipt of Stolen Property Set Aside as Prosecution Failed to Prove Mens Rea Under Section 411 IPC....

The applicant, Rajesh Ganeshmal Oswal, was accused no.4 in Regular Criminal Case No.110 of 2008 before the Judicial Magistrate, First Class, Railway Court, Pune. He was charged under Section 411 of th...