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Bombay High Court Quashes Amalgamation Notification for Lack of Consent — Amalgamation Under Section 44 of Maharashtra Agricultural Produce Marketing Act Requires Consent of Both Market Committees. Withdrawal of Consent by One Committee Renders the Process Invalid....

The petitioners, Sopanrao Sathe (Chairman) and the Agricultural Produce Market Committee (APMC), Malkapur, challenged a notification dated 17-01-2009 issued by the District Deputy Registrar (DDR), Co-...

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Bombay High Court Sets Aside Insolvency Notice Against Partners Not Impleaded in Suit — Leave Under Order 21 Rule 50(2) CPC Required. Insolvency Notice Against Alleged Partners Without Prior Leave Under Order 21 Rule 50(2) CPC is Invalid as It Is a Step in Execution....

The judgment debtors, M/s. Shiva Trading Corporation (a firm) and its alleged partners Gulab S. Daga and Jatin Devi Daga, filed a motion to set aside an insolvency notice served on them by the judgmen...

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Bombay High Court Quashes Additional Charge Under Section 229(A) IPC for Theft of Electricity Due to Lack of Sanction. Prosecution Failed to Obtain Mandatory Consent Under Section 50 of Indian Electricity Act, 1910 Before Framing Additional Charge....

The applicants, Uddhavrao Nivrutti Sarkale, Markand Uddhavrao Sarkale, and Sau. Anandibai Uddhavrao Sarkale, were accused in RCC No.381/2001 pending before the 2nd J.M.F.C. at Osmanabad for offences u...

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High Court of Bombay Dismisses Railway's Appeal in Goods Overcharge Claim — Burden of Proof on Carrier for Short Delivery Under Section 73 of Railways Act, 1989. The court upheld the Railway Claims Tribunal's award of compensation for short delivery of steel rails, holding that the railway failed to prove delivery in full....

The case involves an appeal by the Union of India (representing South Eastern Railway, Central Railway, and South Eastern Railway) against an order of the Railway Claims Tribunal, Nagpur, dated 24 Jul...

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Bombay High Court Quashes FIR in SC/ST Atrocities Case Due to Lack of Public View Element. Alleged Caste-Based Abuse Occurred in Private Open Space, Not in Public View, Failing to Attract Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989....

The applicant, Dhananjay Gopalrao Bahergaonkar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. B38/2010 registered at Shivaji Nagar...

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Bombay High Court Dismisses Railway Appeal in Compensation Claim for Untoward Incident Death. Claimants' Failure to Prove Bona Fide Passenger Status Not Fatal as Railway Failed to Discharge Burden Under Section 124A of Railways Act, 1989....

The case involves an appeal by the Union of India, through the General Manager of Central Railway, challenging a judgment and award passed by the Railway Claims Tribunal, Nagpur Bench, on 19.2.2009. T...

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Bombay High Court Dismisses Revisions in Forgery and Conspiracy Case — Discharge of Accused Upheld Due to Lack of Prima Facie Evidence. Allegations of Fabricated Documents and Insult to Religion Not Substantiated Against Accused Nos.3 to 5 Under Sections 193, 195, 465, 469, 34, 109, 120B IPC....

The judgment pertains to two criminal revision applications arising from Criminal Complaint No.4 of 2002. The complainant, Riyazuddin Ahmed, filed a complaint against five accused alleging offences un...