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Bombay High Court Allows Leave to Appeal in Cheque Dishonour Case — Limitation Period for Filing Complaint Under Section 138 NI Act Computed from Date of Cause of Action. The court held that the cause of action arises on the day following the expiry of 15 days from receipt of notice, and complaints filed within one month from that date are within limitation....

The applicant, M/s. Airsonic Travels Pvt. Ltd., through its representative Pramod Atmaram Rane, was the original complainant in three complaints under Section 138 of the Negotiable Instruments Act, 18...

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Bombay High Court Allows Amendment of EPCG Licence with Retrospective Effect - Licensing Authorities Have Power to Amend Licence Retrospectively. The court held that the power to grant a licence includes the power to amend it, and there is no bar in the Foreign Trade Policy or the Customs Act against retrospective amendment....

The petitioner, M/s. Bhilwara Spinners Ltd., a company engaged in the manufacture and sale of yarn, obtained a zero duty Export Promotion Capital Goods (EPCG) licence dated 14/1/1998 with an obligatio...

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Bombay High Court Upholds Validity of Bombay Stamp Act Provisions on Sale Certificates in Execution Proceedings. Interpretation of 'Instrument' under Section 147 of Delhi Municipal Corporation Act Not Extended to Bombay Stamp Act....

The case involves a reference under Section 113 of the Code of Civil Procedure, 1908, made by the Principal District Judge, Aurangabad, to the Bombay High Court. The reference arose from an applicatio...

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Bombay High Court Allows Wife's Revision in Maintenance Case Under Section 125 CrPC — Husband's Allegation of Adultery Not Proved. Court Held That Mere Allegations of Illicit Relationship Without Evidence Do Not Disentitle Wife to Maintenance....

The petitioner, Shaikhinabee, filed a criminal revision application against the order of the Sessions Court, Nanded, which set aside the maintenance awarded to her by the Judicial Magistrate, First Cl...

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Bombay High Court Quashes Removal Order in Bank Disciplinary Case for Lack of Reasons and Denial of Personal Hearing. Appellate Authority's Order Set Aside for Non-Application of Mind and Violation of Natural Justice Under Service Rules....

The petitioner, Madhukar Tulsiram Tayade, was an employee of Vidarbha Kshetriya Gramin Bank. He was removed from service by an order dated 13.9.2010 passed by the Disciplinary Authority. He filed an a...

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Bombay High Court Allows Petition to Quash Proceedings Against Director in Cheque Dishonour Case. Resignation Before Cause of Action Absolves Director of Vicarious Liability Under Section 138 r/w 141 of Negotiable Instruments Act, 1881....

The petitioner, Mrs. Kanchan Sunil Mansingani, was the original accused no.2 in a complaint filed by respondent no.1, Mrs. Sharmila Raj Thackery, under Section 138 read with Section 141 of the Negotia...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Circumstantial Evidence and Dying Declaration. Conviction for murder of wife set aside as chain of circumstances incomplete and dying declaration not voluntary....

The appellant, Mohan Ranganathan, was convicted by the 2nd Ad-hoc Additional Sessions Judge, Sewri, in Sessions Trial No.303 of 2007 for the murder of his wife Geeta on 12th/13th June 2006 and sentenc...

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Bombay High Court Dismisses Appeal Challenging Election of Sarpanch and UpSarpanch by Draw of Lots. Inclusion of Blank Chits in Draw Does Not Invalidate Election Under Section 33(4) of Bombay Village Panchayat Act, 1960 and Rule 16 of Election Rules, 1964....

The case involves an appeal against a Single Judge's order that upheld the election of respondents as Sarpanch and UpSarpanch of Gram Panchayat Wadhona Ramnath. The election saw a tie in votes, prompt...

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Bombay High Court Dismisses Petition Challenging Rejection of Commissioner Appointment in Property Suit. Court Commissioner Not Appointed When Dispute Involves Title and Possession, Not Measurement....

The petitioner, Kolhapuri Bandu Lakade, filed a suit (Regular Civil Suit No.513 of 2007) for declaration and restoration of possession against the respondents, alleging that the suit land was owned by...

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Bombay High Court Quashes Bar Council of India Order Canceling Enrollment of Part-Time Law Professor as Advocate. Revision Petition Filed by Secretary of State Bar Council Held Not Maintainable, and Suo Motu Exercise of Power Without Show Cause Notice Violates Principles of Natural Justice....

The petitioner, Eknath Shankarrao Pagar, was a part-time law professor who applied for enrollment as an advocate. The Enrollment Committee of the Bar Council of Maharashtra and Goa admitted him to the...