WRIT PETITION NO.730 OF 2009...
The four writ petitions arose from income tax assessment proceedings concerning the transfer of shares of Idea Cellular Limited (formerly Birla Communications Limited). The joint venture company was i...
High Court
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High Court
Bombay High Court Dismisses Petition Challenging Termination Based on Resignation Withdrawal After Acceptance. Resignation Withdrawal Must Precede Acceptance to Be Valid Under MEPS Act, 1977....
The petitioner, Sayyed Maksood Ali Sayyed Roshid Ali, was appointed as an Assistant Teacher on 17-1-1985 and promoted as Head Master on 10-10-2004. He tendered his resignation on 12-1-2008, which was ...
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High Court
Bombay High Court Dismisses Employee's Petition Challenging Termination from PTI Post Due to Non-Availability of Vacant Post. Appointment as Physical Training Instructor was invalid as only one sanctioned post existed, occupied by a senior employee....
The petitioner, Dilipkumar Fanendranath Katre, was employed as a Physical Training Instructor (PTI) at Swamy Vivekanand High School, Karanja, run by Parashram Shikshan Prasarak Sanstha. He possessed q...
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High Court
Bombay High Court Quashes Confiscation Order in Forest Offence Case — Petitioner's Wood Seized Without Proper Notice Under Section 61A of Indian Forest Act, 1927. Confiscation Proceedings Initiated Without Affording Opportunity of Hearing Violates Principles of Natural Justice....
The petitioner, Namdeo Narayan Dekate, filed a criminal writ petition before the Bombay High Court, Nagpur Bench, seeking quashing of an order dated 19 June 2010 passed by the Additional Sessions Judg...
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High Court
High Court of Bombay Dismisses Revision Against Quashing of Process in Matrimonial Criminal Complaint. Vague Allegations Under Section 506 IPC Cannot Sustain Criminal Process Against Wife....
The case involves a criminal complaint filed by Subhrajit Saha (the appellant) against his father-in-law and wife (Kaberi) before the Judicial Magistrate First Class, Amravati. The appellant married K...
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High Court
Bombay High Court Allows Amendment in Suit Under Section 6 of Specific Relief Act, 1963 — Delay Not a Bar When Amendment is Necessary for Effective Adjudication. The court held that an amendment to incorporate a prayer for possession and removal of encroachment in a suit under Section 6 of the Specific Relief Act, 1963 should be allowed liberally at the pre-trial stage....
The petitioners, Gaimukh Deosthan (a private trust) through its occupants/managers, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 19/03/2011 ...
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High Court
Bombay High Court Dismisses Challenge to Nexus Requirement Under Duty Free Credit Entitlement Scheme. Paragraph 3.2.6A of Handbook of Procedures Requiring Nexus Between Imported Goods and Exported Products Held Valid Under Foreign Trade Policy....
The petitioner, Jindal Drugs Limited, an exporter of menthol-based products and a status holder under the Foreign Trade Policy, was granted a Duty Free Credit Entitlement (DFCE) Certificate by the Zon...
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High Court
Bombay High Court Allows Consolidation of Cooperative Disputes for Joint Trial — Revision Order Upheld. Common questions of law and fact justified consolidation under Maharashtra Cooperative Societies Act, 1960....
The petitioner, Tarkude Hotels Pvt. Ltd., filed a dispute (No.254/2006) before the Cooperative Court, Pune, against The Rupee Cooperative Bank Ltd. and others, seeking a declaration that its total lia...
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High Court
Bombay High Court Allows Writ Petition Challenging Rejection of Appeal in Sarpanch Election Dispute. Nomination Filed After Prescribed Time but Accepted by Election Officer Cannot Be Challenged Post-Election Under Section 33(5) of Bombay Village Panchayats Act, 1958....
The petitioner, Sau. Chhaya Waghmare, was a candidate for the post of Sarpanch of Gram Panchayat, Virahit. The election was scheduled for 29/8/2010, with nomination filing time between 11 A.M. and 12 ...
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High Court
Bombay High Court Allows Writ Petition of Subsequently Added Defendants Seeking Cross-Examination of Plaintiff in Civil Suit. Right to Cross-Examine Is a Valuable Right Not Lost by Delayed Joinder Under Order 18 Rule 17A of CPC....
The petitioners were subsequently added as party defendants in Special Civil Suit No.70 of 2007 on 14/9/2010. After being added, they filed their written statement and also moved an application (Exh.1...
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