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Bombay High Court Allows Restoration of Suit Under Order 9 Rule 13 CPC Due to Sufficient Cause for Non-Appearance — Counsel's Engagement in Another Court Constitutes Sufficient Cause. The court set aside the ex-parte decree and restored the suit, holding that the trial court took a hypertechnical view and that procedural laws should be liberally construed....

The Civil Revision Application was filed by Shri Bhimrao Pundalik Bhalerao (applicant) challenging the order dated 3rd December 2001 passed by the Civil Judge Senior Division, Amalner, in Misc. Applic...

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High Court Quashes Education Officer's Order Cancelling Teacher Appointment Permission; Holds Action Arbitrary and Unconnected to Surplus Teacher Repatriation Dispute. Court Directs Approval of Appointment From Original Date Under Article 226 of the Constitution of India, 1950, Finding Vacancy Arising From Promotion Was Independent....

The petition was filed under Article 226 of the Constitution by an educational institution running a 100% granted school and its headmaster, challenging the communication dated 24.4.2009 issued by the...

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Bombay High Court Dismisses Second Appeals Against Execution of Decree for Possession, Holding That Objectors Claiming Adverse Possession Must First Establish Their Own Independent Title. Order XXI Rule 97 CPC Objections Cannot Be Used to Re-litigate Title Already Decided Against the Judgment Debtor....

The present appeals arise from execution proceedings initiated by the decree holder (respondent No. 1) to enforce a decree for possession of land admeasuring 65 x 40 feet in Survey No. 21/23. The decr...

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Bombay High Court Partly Allows Appeal by Kadamba Transport Corporation in Motor Accident Claim — Reduces Compensation for Amputation of Thumb. Claimant's Income Assessed at Rs. 3,000 per Month Instead of Rs. 5,000, Multiplier Reduced from 16 to 11 Based on Age....

The case arises from a motor accident claim filed by Santosh Anant Naik (respondent no.1/claimant) against Kadamba Transport Corporation Ltd. (appellant) and the bus driver (respondent no.2). On 6/6/2...

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Bombay High Court Considers Preliminary Objection to Territorial Jurisdiction in FERA Appeals and Reserves Judgment on Maintainability. Court Examines Whether Appeals Under FERA Lie in Bombay High Court When Company's Registered Office and Principal Business Are in Bangalore, Despite Directors' Residence and Administrative Office in Mumbai....

The High Court of Judicature at Bombay heard three appeals under the Foreign Exchange Regulation Act, 1973 (FERA) filed by Hasmukh K Rawal, M/s. Mandlia Developers (P) Ltd., and Pushpa H Rawal. The ap...

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Bombay High Court Dismisses Writ Petition Against Debt Recovery Appellate Tribunal Order in Bank Recovery Suit. Court Holds That Debt Recovery Tribunal Has Jurisdiction Over Claims Arising from Guarantee Agreements Even If Guarantor Did Not Sign Documents, as Liability Is Based on Contractual Relationship....

The petitioners, Amit H. Jhaveri and M/s. Brader Incorporated, filed a writ petition challenging the order of the Debts Recovery Appellate Tribunal, Mumbai, which dismissed their appeal against the or...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Proof of Demand and Acceptance. Conviction under Sections 7, 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt....

The appellant, Ramesh Sonawane, was an Assistant Sub-Inspector at a police chowki in Government Medical College Hospital, Aurangabad. He was convicted by the Special Judge, Anti Corruption Bureau, Aur...