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Bombay High Court Allows Husband's Petition to Quash Maintenance Order Due to Wife's Remarriage Under Section 125 CrPC. Remarriage after divorce terminates the right to maintenance from former husband....

The petitioner, Dinkar Fakirrao Adhav, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging the judgment a...

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Bombay High Court Dismisses Appellant's Second Appeal in Specific Performance Counterclaim — Limitation Bar Upheld. Counterclaim for specific performance of contract held barred by limitation under Article 54 of the Limitation Act, 1963 as it was filed beyond three years from the date of refusal to perform the alleged agreement....

The case involves a second appeal by the original defendant no.10, Smt. Tulsabai wd/o Ramkrishna Avatade, against the judgment and order dated 17th July, 2008 passed by the learned District Judge-1 at...

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Bombay High Court Allows Owner's Appeal in Motor Accident Case — Insurer Jointly Liable for Interim Compensation Under Section 140 of Motor Vehicles Act, 1988. The court held that at the interim stage under Section 140, the liability is absolute and without fault, and the insurer cannot be exonerated on the ground of alleged fraud by the insured....

The appellant, Rajendra s/o Ramkrishna Golait, owner of a motor vehicle bearing registration No. MH 31 H:8203, filed an appeal challenging an interim award passed under Section 140 of the Motor Vehicl...

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Bombay High Court Allows State of Kerala's Claim for Sales Tax Arrears in Liquidation, Holding Section 26B of Kerala General Sales Tax Act Overrides Companies Act Priority. The court directed the Official Liquidator to release Rs.68,55,885/- to the State, recognizing the first charge created by Section 26B over the claims of secured creditors and workmen....

The State of Kerala filed an application before the Bombay High Court seeking an order directing the Official Liquidator of Poysha Industrial Company Ltd. (in liquidation) to release an amount of Rs.6...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Complainant Failed to Prove Loan and Signature. Presumption under Section 139 of Negotiable Instruments Act, 1881 Rebutted by Accused's Defence....

The appellant, Vishwanath s/o Kondaji Pote, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881. He alleged that the respondent, Raosaheb s/o Asaram Sawde,...

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Bombay High Court Dismisses Tenant's Eviction Petition Under Hyderabad Tenancy Act — Landlord's Bona Fide Need for Personal Cultivation Not Established. Appeal Allowed as Tenant Failed to Prove Landlord's Lack of Bona Fide Need Under Section 98 of the Hyderabad Tenancy and Agricultural Lands Act, 1950....

The petitioner, Kisan Sayaji Shelke, filed a writ petition challenging the judgment of the Maharashtra Revenue Tribunal (MRT) at Aurangabad, which allowed the appeal of the respondents (landlord's hei...

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Bombay High Court Allows Quashing of FIRs in NDPS Act Case Due to Lack of Evidence Against Applicants. No Contraband Recovered from Applicants, No Prima Facie Case Made Out Under Sections 2, 22, 27 of NDPS Act....

The applicants filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of FIR No.56/2006 registered with Bajarpeth Police Station, Bhusawal, and FIR No.19...

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Bombay High Court Quashes Notification Requiring Non-Grant-In-Aid Educational Society to Appoint Public Information Officer Under RTI Act. Society Not Receiving Government Funds Not a 'Public Authority' Under Section 2(h) of Right to Information Act, 2005....

The petitioners, Shikshan Prasarak Mandal, an educational society registered under the Bombay Public Trusts Act, 1950, challenged a notification dated 12.9.2008 issued by the Joint Director of Educati...

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Bombay High Court Allows Rectification of Defect in Tender Submission - Bank Solvency Certificate Expired by Four Days. The court held that the requirement to furnish a bank solvency certificate within three months before tender opening was an ancillary term, and the respondent's refusal to allow rectification was discriminatory....

The petitioner, a partnership firm and long-standing contractor of Western Coalfields Limited (respondent No.1), challenged communications dated 05.05.2010 and 14/17.05.2010 rejecting its representati...

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Bombay High Court Allows Landlords' Eviction Petition in Rent Control Case — Bonafide Need Established, Comparative Hardship Cannot Deny Decree. Section 16(1)(g) of Maharashtra Rent Control Act, 1999 requires eviction when bonafide need is proved and no other suitable premises available, even if tenant faces hardship....

The case involves two cross writ petitions arising from a landlord-tenant dispute. The landlords (petitioners in WP 4926/2006) are the legal heirs of the original plaintiff-landlord who filed Regular ...