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Bombay High Court Allows Appeal in Winding Up Petition Under Section 433(e) of Companies Act, 1956 — Bona Fide Defence of No Privity of Contract Rejected Based on Admission of Debt. The court held that an admission of debt by the Respondent, coupled with failure to reply to the Appellant's letter, negated the defence of no privity of contract....

The appeal arose from an order of the Learned Company Judge dated 11 February 2011 dismissing a Petition for winding up under Section 433(e) of the Companies Act, 1956. The Appellant, Spedag East Afri...

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Bombay High Court Dismisses Appeal in Estate Administration Suit — Appellant Failed to Establish Entitlement to Relief Under Consent Decree of 1958. The court held that the notice of motion seeking compliance with consent terms was not maintainable due to execution of the decree and inordinate delay....

The appeal arose from a suit for administration of the estate of Maharani Bala Kumari Devi, filed in 1957. On 11 February 1958, the parties filed consent terms, and a preliminary decree was drawn on t...

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Bombay High Court Grants Bail to Accused in MCOCA Case Due to Lack of Satisfactory Material and Long Incarceration. The court held that the twin conditions under Section 21(4) of MCOCA were not satisfied as there was no material to show the applicant was a member of an organised crime syndicate....

The applicant, Pradeep s/o Gyanchand Raisoni, filed an application for regular bail under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). He was arrested in connection with a crime regis...

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Bombay High Court Dismisses Petition Challenging Internal Promotion Selection Criteria in MSETCL. Advertisement Specifying Written Test and Interview as Selection Basis Upheld; Performance Appraisal Not Required for Shortlisting....

The petitioners, employees of the Maharashtra State Electricity Transmission Company Ltd. (MSETCL), challenged an internal advertisement dated 27-2-2009 for filling vacancies in the cadres of Executiv...

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Bombay High Court Acquits Accused in Dowry Death and Abetment of Suicide Case Due to Lack of Evidence of Cruelty and Abetment. Conviction under Sections 498A and 306 IPC set aside as prosecution failed to prove harassment or instigation leading to suicide....

The appellants, Arjun Babarao Parche, Babarao Bhimrao Parche, and Kamlabai Babarao Parche, were convicted by the Adhoc Additional Sessions Judge, Wardha in Sessions Trial No.125 of 2007 for offences u...

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Bombay High Court Upholds Acquittal in Food Adulteration Case Due to Non-Service of Analyst Report. Failure to Serve Copy of Public Analyst Report on Accused Violates Section 13(2) of Prevention of Food Adulteration Act, 1954, Resulting in Denial of Right to Request Re-analysis....

The case involves an appeal by the State of Maharashtra against the acquittal of the respondent-accused, Atul Taksande, proprietor of M/s Atul Provisions, for offences under the Prevention of Food Adu...

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Bombay High Court Allows Petition Challenging Setting Aside of Disqualification of Gram Panchayat Members for Non-Payment of Taxes. The Additional Commissioner erred in excluding the period for payment specified in the tax bill from the three-month limitation period under Section 14(h) of the Bombay Village Panchayat Act, 1958....

The petitioner, Ruprao Vithobaji Dhok, a member of Gram Panchayat Isapur, challenged the order of the Additional Commissioner, Amravati Division, which set aside the disqualification of respondent nos...

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Bombay High Court Allows Writ Petition by Superintendent and Section Officer Employees Challenging Deemed Date of Promotion. Deemed Date of Promotion Must Be from Date of Promotion Order, Not from Date of Caste Validity Certificate, When Employees Not Responsible for Delay....

The petitioners, Ashok Wankar, Pramod Gargilwar, Chhatrapati Sonule, and Kishor Lakde, were employees of Zilla Parishad, Chandrapur, holding posts of Superintendent and Section Officer. They were prom...

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Bombay High Court Allows Victim's Appeal Under Section 372 CrPC and Holds That Section 390 CrPC Powers Apply to Arrest and Detain Acquitted Accused Pending Appeal. The Court Clarifies That the Appellate Court Can Issue Warrant and Commit Accused to Prison if There Is a Possibility of Conviction for a Capital Offence....

The judgment deals with two criminal appeals filed by victims under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (CrPC), which was introduced by Act No.5 of 2009 with effect from...