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Bombay High Court Allows Petition in Cooperative Society Election Dispute — Mandates Two Reserved Seats for Women Directors. Section 73BBB(1)(b) of Maharashtra Cooperative Societies Act, 1960 Requires Two Seats for Women When Board Has 10 or More Members; Bye-law Providing Only One Seat Does Not Reduce Requirement....

The petitioners, members of respondent no.3 society, challenged the election program dated 12.02.2010 which reserved only one seat for women on the Board of Directors, despite the Board having 13 memb...

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Bombay High Court Allows Appeal in Stamp Duty Exemption Case — Agreement to Lease Not a Lease, Notification Exemption Inapplicable. The court held that a document which is only an agreement to execute a lease in future does not qualify as a lease for exemption under the Bombay Stamps Act, 1958....

The appellant, Pankaj Ramlakhan Dubey, proprietor of M/s. Vedamsh Agro Food Products, filed a Letters Patent Appeal against the judgment of a learned Single Judge of the Bombay High Court. The Single ...

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Bombay High Court Partially Allows State's Appeal in Land Acquisition Compensation Case — Reduces Compensation for Bharad Land Based on Sale Deed with 10% Annual Escalation. The court held that the Reference Court erred in relying on a sale deed for developed land to determine market value of undeveloped bharad land under Section 23 of the Land Acquisition Act, 1894....

The State of Goa appealed against the judgment of the Reference Court dated 13/03/2000, which enhanced compensation for the respondent's land acquired for the Selaulim Water Supply Project. The Land A...

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Bombay High Court at Goa Grants Bail to Accused in Multi-Enactment Crime Involving NDPS Act, PC Act, and IPC — Conflict of Jurisdiction Between Special Courts Resolved. The court held that the Special Court under NDPS Act has jurisdiction to grant bail for NDPS offences, and the remand by the Special Judge under PC Act was valid....

The applicants, Sandeep Parab, Hussain Shaik, and Ramchandra S. Kankonkar, were arrested in connection with Crime No. 16 of 2010, which included offences under the Indian Penal Code (Sections 380, 409...

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High Court of Judicature at Mumbai Allows Writ Petitions of Teachers Seeking Approval of Appointments Against Clear Vacancies — Directions Issued to Education Department to Consider Approvals Without Regard to Committee Legality. Teachers Appointed in 1999 Against Advertised Vacancies Entitled to Consideration for Approval Under Maharashtra Education Rules....

The dispute concerned three teachers appointed in 1999 at Dayanand Vedic Vidyalaya (Hindi High School) in Mumbai. They challenged the rejection of approval of their appointments by the education autho...

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Bombay High Court Allows Petitioner's Caste Certificate Claim Based on Father's Validated Caste Certificate — Principles of Res Judicata and Estoppel Apply to Caste Verification Under Maharashtra Act 23 of 2001. Father's Caste Certificate Binding on Children; Scrutiny Committee Cannot Reopen Settled Issue....

The petitioner, Saurabh Anil Redij, a dentist by profession, filed a writ petition challenging the order of the Caste Scrutiny Committee which rejected his claim for a caste certificate as belonging t...

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Bombay High Court Dismisses PIL Challenging Lease of Land to Islamic Welfare Association for Mosque Construction — Petitioner Lacked Bonafides and Suppressed Material Facts. The court held that the petition was not maintainable as a Public Interest Litigation due to lack of bonafides and ulterior motives....

The petitioner, Mr. Sumitra Krishna Kadu, filed a Public Interest Litigation (PIL) before the Bombay High Court challenging the lease of a plot of land bearing No. 149, Sector 50E at Nerul, Navi Mumba...

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Bombay High Court Dismisses Revenue's Appeal in Capital Gains Indexation Case. Assessee Allowed Indexation on Sale of Shares Other Than Bonus Shares Under Section 112(1) of Income Tax Act, 1961....

The Revenue appealed against the order of the Income Tax Appellate Tribunal which allowed the assessee's claim of indexation on long term capital gains from sale of shares (other than bonus shares of ...

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Bombay High Court Allows Additional Affidavit in Cheque Dishonour Case — Rejects Hyper-Technical Approach. The court held that when documents are already permitted to be produced, an application to file an additional affidavit to prove them should be allowed to ensure a fair trial under Section 138 of the Negotiable Instruments Act, 1881....

The petitioner, M/s. Jagdale Mirch Masala Products (India), filed a criminal writ petition challenging an order of the Judicial Magistrate First Class, Jaysingpur, dated 31st August 2009, which reject...

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Bombay High Court Allows Appeal in Provident Fund Nomination Dispute — Nominee Entitled to Receive Amount as Trustee for Heirs. Joint Nomination Creates Co-Trusteeship Under Employees' Provident Funds Act, 1952....

The appellant, Antonio Joao Fernandes, filed a suit claiming 50% of the provident fund amount of his deceased cousin Joazinho Dias, who had nominated the appellant and his sister (defendant no.3) join...