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Bombay High Court Upholds Conviction for Electricity Theft Under Section 135(a) of Indian Electricity Act, 2003 — Hook on LT Supply Line Constitutes Theft. Assessment of civil liability under Section 154(5) is integral to sentencing and must be determined by the Special Court....

The appellant, Bhagwant Nivrutti Jadhav, was convicted by the Special Judge, Osmanabad, in Special Case (Electricity) No.51 of 2006 for the offence punishable under Section 135(a) of the Indian Electr...

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Bombay High Court Allows Writ Petition Challenging Surplus Land Determination Order. Petitioner's father's written statement cannot be used to declare petitioner surplus holder without proper notice and opportunity....

The petitioner, Vithal s/o Venkatrao alias Yenkaji Sejul, a resident of Abegaon, Taluka Majalgaon, District Beed, filed a writ petition challenging an order dated 26.08.1993 passed by the Chairman, Su...

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High Court of Bombay at Aurangabad Dismisses Writ Petition Challenging Transport Appellate Tribunal Order — Petitioner Failed to Comply with Replacement Conditions Within Stipulated Time. Permit Renewal Denied as Petitioner Did Not Replace Vehicle Within Extended Time Under Motor Vehicles Act, 1939....

The petitioner, Abdul Kadir, held a permit (No. T.Opp.3027/Aug/84) valid up to 26th September 1987 for vehicle MTS 2411. He applied for replacement of the vehicle with a higher model three months befo...

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Bombay High Court Quashes Permission to Start College Granted Without University Recommendation. State Government Cannot Override University's Negative Recommendation Without Recording Reasons Under Section 82(5) of Maharashtra Universities Act, 1994....

The petitioner, Dr. B. R. Ambedkar Shikshan Sanstha, challenged the grant of permission by the State Government to respondent no.4, Vidya Vikas Shikshan Sanstha, to start a college at Hinganghat. The ...

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Bombay High Court Upholds Acquittal in NDPS and Customs Case Due to Lack of Conscious Possession and Procedural Lapses. The court held that mere presence of accused near contraband without proof of knowledge or conscious possession does not establish guilt under Section 20(b) of NDPS Act, 1985 and Section 135 of Customs Act, 1962....

The State of Maharashtra appealed against the acquittal of Harshad Patel, Vijay Kothari, and Parshuram Kamble in Sessions Case No. 1303 of 1988 for offences under the NDPS Act and Customs Act. The pro...

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Bombay High Court Dismisses Contempt Petition for Alleged Violation of Injunction in Trademark Infringement Suit. Court holds that petitioner failed to prove willful disobedience of injunction order under Trade Marks Act, 1999....

The petitioner, Hindustan Petroleum Corporation Ltd., filed a contempt petition against the respondents, H.P. Oil Corporation Ltd. and its directors, alleging willful disobedience of an injunction ord...

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Bombay High Court Sets Aside Arbitral Award Against Guarantor Due to Limitation Bar and Lack of Membership Under Multi-State Cooperative Societies Act, 2002. The court held that a person who merely recommends a loan but is not a member of the cooperative society cannot be treated as a guarantor, and the claim filed beyond the limitation period is barred....

The petitioner, Radheshyam S. Gupta, challenged an arbitral award dated 13 August 2008 passed under Section 84 of the Multi-State Cooperative Societies Act, 2002 (MSCS Act). The respondent, Cosmos Coo...

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Bombay High Court Dismisses Developer's Section 9 Petition Against Tenant Not Party to Arbitration Agreement. Interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be granted against a third party who is not bound by the arbitration agreement....

The petitioner, Heritage Lifestyles & Developers Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief against respondents including a tenant...

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Bombay High Court Dismisses Writ Petition Against Revocation of Factory Permit Due to Availability of Alternative Remedy of Appeal Under Section 394(5) of MMC Act, 1888. Court held that the impugned order rejecting renewal of factory permit is appealable under the Mumbai Municipal Corporation Act, 1888, and thus writ petition is not maintainable....

The petitioners, M/s Formac Engineering Ltd & Anr, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order dated 21st September 2010 pass...