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High Court

High Court of Judicature at Bombay Answers Issues in Suit for Specific Performance and Alternative Reliefs; Vendor Found to Have Breached Obligations by Not Providing Marketable Title and Not Clearing Slum Encumbrance. Illegal Termination of Agreement and Forfeiture of Earnest Declared Invalid as Vendors Failed to Perform Their Reciprocal Covenants Under the Contract....

The plaintiff, a developer firm, entered into an agreement for sale with defendants 1 to 5 (vendors) on 1 November 1979 to purchase land with occupants for a consideration of Rs. 3 lakhs with Rs. 30,0...

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  • 110
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High Court

Bombay High Court Allows Petition Challenging Magistrate's Refusal to Issue Process in Cheating Case — Failure to Consider Police Report Under Section 202 CrPC and Prima Facie Evidence of Cheating. The Court Held That the Magistrate Must Consider the Police Report and Complainant's Evidence Before Dismissing Complaint Under Section 203 CrPC....

The petitioner, M/s. Agarwal International, a partnership firm, filed a criminal complaint against respondents Frisco International Private Limited, its director Samir Goenka, and authorized represent...

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  • 98
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Bombay High Court Allows Writ Petition Challenging Withdrawal of B.Ed. Scale and Grant to Another Teacher. Court holds that the Education Officer cannot withdraw approval without hearing the affected teacher and that the grant of B.Ed. scale to a junior teacher cannot be at the cost of a senior teacher....

The Petitioner, Balasaheb Tulshiram Khune, a B.Sc. B.Ed. qualified teacher, was appointed as an Assistant Teacher of Mathematics in a regular permanent vacancy by the Respondent No.2 Management. He wa...

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  • 105
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Bombay High Court Quashes Externment Order in Bombay Police Act Case — Failure to Consider Explanation and Lack of Material. Sub-Divisional Magistrate's Order Externed Petitioner from Three Districts Without Proper Application of Mind Under Section 56 of Bombay Police Act, 1951....

The petitioner, Vijay Aabarao Raje, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging an externment order dated ...

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  • 100
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Bombay High Court Allows Second Appeal in Cooperative Society Dispute — Pre-suit Notice Under Section 164 of Maharashtra Cooperative Societies Act is Mandatory and Cannot Be Waived. The suit for recovery of money against a cooperative society was dismissed for want of mandatory pre-suit notice under Section 164 of the Maharashtra Cooperative Societies Act, 1960, and the lower appellate court's reversal was set aside....

The appellant, Jijamata Sahakari Sakhar Karkhana Ltd., a registered cooperative society, challenged the judgment and order dated 14.2.1994 passed in Regular Civil Appeal No. 113/1994 by the District C...

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  • 155
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High Court Dismisses Railways' Appeal Against Compensation for Shortage of Boiler Spares; Joint Shortage Certificate Held Binding on Railways Under Principle of Estoppel by Deed. Open Delivery Was Demanded Before Unloading and Shortage Certificate Jointly Prepared; Railways' Contention That Responsibility Ceased After Unloading at Consignee's Siding Rejected....

The appeal arose from an order of the Railway Claims Tribunal, Nagpur Bench, which had allowed a claim for shortage and damage to boiler spares consigned to the respondent. The respondent, originally ...

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  • 129
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Bombay High Court Allows Petition of Bidder in Sand Ghat Auction Dispute, Quashing Demand for 75% Bid Amount After Cancellation. Auction Conditions Limit Remedy to Forfeiture of Deposit and Recovery of Difference on Reauction, Not Full Bid Amount....

The petitioner, Western Coalfields Ltd., participated in an auction for sand ghats in Yavatmal district conducted by the State of Maharashtra. The petitioner's bid of Rs.18,22,275 was accepted, and he...

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  • 144
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Bombay High Court Upholds Conviction of Appellants in Petrol Pump Robbery Case. Accused convicted under Section 394 read with Section 397 and Section 34 IPC for armed robbery with pistols and iron rod....

The judgment pertains to Criminal Appeals No. 558 of 2004 and 512 of 2004 filed by the appellants against their conviction under Section 394 read with Section 397 and Section 34 IPC. The prosecution c...

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Bombay High Court Allows Appointment of Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996 in Dispute Over Plot Allotment for Hotel Construction. Dispute arose from non-payment of balance lease premium and alleged failure to achieve milestones by CIDCO....

The petitioner, Discovery Properties & Hotels Pvt. Ltd., filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator in a dispute with the ...

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Bombay High Court Allows Demat Account in Name of Deity, Recognizes Deity as Juristic Person Under Hindu Law. The court held that a deity, being an artificial person under Hindu law, is entitled to open a Demat account for share transactions under the Depositories Act, 1996....

The Petitioner, Shri Ganpati Panchayatan Sansthan Trust, a private trust managing five family deities (Lord Ganpati, Chintamaneshwar Deo, Suryanarayan Deo, Chintamaneshwari Devi, and Laxminarayan Deo)...

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court Dismisses State's Writ Petition Against Tribunal's Order for Appointment of Exc...

High Court of Karnataka Quashes Enforcement Directorate Actions in Multiple Writ Petitions...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Allows Appeal in Limitation Dispute Over Civil Works Contract. The Court fou...

Supreme Court Upholds Compulsory Retirement of Employees in Public Service — Validity of...

Supreme Court Upholds Eviction Process in Forest Areas While Ensuring Compliance with Fore...

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