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Bombay High Court Considers Maintainability of Writ Petition Challenging Selection to Civil Engineering Assistant Posts; Objection Raised on Availability of Administrative Tribunal Remedy. Petitioners Assert High Court Jurisdiction for Quo Warranto, While Respondents Rely on Supreme Court Precedent on Tribunal's Primary Jurisdiction....

The judgment was delivered by the High Court of Judicature at Bombay, Aurangabad Bench, in two consolidated writ petitions (W.P. No. 5266 of 2008 and W.P. No. 4102 of 2009) filed by a group of unemplo...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Gift Deed and Will Upheld as Valid. Court holds that a coparcener cannot challenge a gift deed executed by father after partition when the property was not ancestral and the father had absolute rights....

The appellant, original plaintiff Mahadeo Yeshwant Kadam (since deceased, represented by his heir Jaiprakash Mahadeo Kadam), filed a suit for declaration that a Gift Deed executed by his father on 3/1...

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Bombay High Court Dismisses Plaintiff's Injunction Against Trademark Threat in 'HOKEY POKEY' Dispute. Prior Registration of Defendant's Mark Under Class 30 Prevents Passing Off Claim Despite Plaintiff's Subsequent Use....

The plaintiff, Drums Food International Pvt. Ltd., filed a suit seeking a declaration that a cease and desist notice issued by the defendants, Euro Ice Cream & Anr., was unjustified and that the plain...

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Bombay High Court Dismisses CBI Petition Challenging Remand of Case to Chief Metropolitan Magistrate in Pardon Tender Dispute. ACMM Not Equivalent to CMM Under Section 306 CrPC, Committal Order Invalid....

The Central Bureau of Investigation (CBI) filed a charge-sheet against eight accused for offences under Section 120-B read with Sections 420, 468, 471, and 477-A of the Indian Penal Code. The CBI file...

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Bombay High Court Quashes Customs Assessment Orders for Violation of Natural Justice — Failure to Provide Hearing Before Finalizing Provisional Assessments Under Customs Act, 1962. The court held that admitted breach of natural justice warrants writ intervention despite alternative remedy....

The petitioner, Balaji Impex, filed a writ petition before the Bombay High Court challenging a communication from the Assistant Commissioner of Customs (Preventive), Alibag Division, which informed th...

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Bombay High Court Dismisses Challenge to Pre-deposit Condition Under SARFAESI Act — Upholds Constitutional Validity of Section 18 Provisos. The court held that the legislature may condition the right of appeal and the provisions are not discriminatory compared to the RDB Act....

The petitioners, National Polymers and others, challenged an order dated 6 April 2011 of the Debts Recovery Appellate Tribunal directing them to deposit Rs. 7 Crores as a condition for entertaining th...

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Bombay High Court Allows Petition of Municipal Council Against Reinstatement Order in Unfair Labour Practice Case. Appointment of Widow on Compassionate Grounds Under Lad Committee Recommendations Held Invalid as Husband Was Not a Permanent Employee in Eligible Department....

The petitioners, the Chief Officer and President of Nagar Parishad, Yavatmal, challenged an order dated 22/3/2011 passed by the Industrial Court, Yavatmal, which allowed the revision application filed...

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Bombay High Court Dismisses Employer's Writ Petition Challenging Reinstatement of Teacher — Termination Set Aside as Illegal Without Inquiry. Full Backwages and Continuity of Service Upheld Under Maharashtra Employees of Private Schools Act....

The petitioners, Santoshi Mahila Mandal and Amar Shahid Veer Bhagat Singh Hindi Primary School, challenged the judgment and order dated 13th July 2006 passed by the Additional School Tribunal, Chandra...