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High Court of Bombay Dismisses Appeal from Order Challenging Restoration of Suit Dismissed for Default; Holds Order Not Appealable Under Order 43 Rule 1(d) CPC. Order allowing restoration of suit dismissed under Order 9 Rule 3 for non-appearance of both parties is not an appealable order, and restoration on payment of costs was just and equitable....

The judgment deals with an appeal from order challenging the restoration of a suit dismissed for default. The respondent had filed a suit on 10.06.2002 in the Bombay City Civil Court. On 23.02.2005, t...

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Bombay High Court Dismisses Petitions Challenging Rejection of Application to Reopen Evidence in Civil Suit. Trial Court's Discretion Under Order 18 Rule 17 CPC Upheld as Defendants Had Sufficient Opportunity to Cross-Examine Witness....

The petitioners, who were the original defendants in Special Civil Suit No.74/2010 pending before the Second Joint Civil Judge, Satara, filed four writ petitions challenging the order dated 12th Janua...

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Bombay High Court Dismisses Application for Cancellation of Bail in Dowry Death Case — No Supervening Circumstances or Misconduct Established. Bail granted to elderly mother-in-law under Section 439 CrPC not cancelled as applicant failed to show misuse of bail or new developments....

The applicant, Ujwala Hiwale, the original complainant, filed an application under Section 439(2) of the Code of Criminal Procedure, 1973, seeking cancellation of bail granted to respondent no.2, Hira...

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Bombay High Court Allows Refund of Octroi Duty on Goods Not Consumed Within Municipal Limits — Goods Imported into City but Immediately Taken to Factory Outside Octroi Limits Not Liable to Octroi Under Section 114(3) of City of Nagpur Corporation Act, 1948....

The petitioner, Yawalkar Pesticides Pvt. Ltd., a company incorporated under the Companies Act, 1956, had its registered office at Nagpur and a factory situated at Uppalwadi, Kamptee Road, which was be...

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Bombay High Court Upholds Conviction of Accused Head Constable for Kidnapping and Rape of Minor Girl. Evidence of Victim and Medical Reports Proved Rape Without Consent and Victim's Age Below 16 Years Made Consent Irrelevant Under Sections 363, 366, 376(2)(a) and 323 of Indian Penal Code, 1860....

The case involved a criminal appeal before the Bombay High Court against the conviction of a head constable for kidnapping and raping a minor girl. The accused, a head constable attached to Sahar poli...

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Bombay High Court Upholds Striking Off Wife's Defence for Breach of Access Order in Divorce Proceedings. Family Court's Power Under Section 24 of Hindu Marriage Act, 1955 Includes Striking Off Defence for Non-Compliance with Interim Orders....

The case involves a writ petition filed by the wife, Mrs. Vimi Vinod Chopra, challenging the order of the Family Court No. 4, Mumbai dated 13.10.2010, which allowed the husband's application to strike...

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Bombay High Court Quashes Suspension of Headmistress for Lack of Prior Approval Under Rule 35(2) of MEPS Rules, 1981. Management's failure to obtain prior approval from Education Officer renders suspension order invalid from inception....

The petitioner, Geeta Ganpatrao Suryawanshi, was employed as Headmistress at Shraddheya Mahila Bahuudeshiya Sanstha. On 12.05.2011, she was suspended by the management for alleged whimsical and capric...

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Bombay High Court Upholds Public Interest Petition and Directs Expeditious Disposal of Section 14 SARFAESI Applications by Magistrates. Section 14 Powers Are Ministerial and No Notice to Borrower Is Required, Emphasizing Need to Recover Public Money Quickly....

The matter originated as a Criminal Writ Petition filed by International Asset Reconstruction Company Private Limited, an asset reconstruction company, seeking a direction to the District Magistrate, ...

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Bombay High Court Dismisses Contempt Petition for Non-Prosecution Due to Petitioner's Absence. Alleged Disobedience of Reinstatement Order Not Pursued as Petitioner Failed to Appear....

The petitioner, Priti Dinesh Hanchate, filed a contempt petition alleging disobedience of an order dated 12-01-2004 passed by the Bombay High Court, which directed the respondents to reinstate her. Th...