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High Court of Judicature at Bombay Aurangabad Bench Allows Writ Petition of Cooperative Society and Dismisses LPA of Borrowers, Holding That Certificate under Section 101 of Maharashtra Cooperative Societies Act is Not Challengeable under Section 91 Dispute. Certificate Issued under Section 101 with Finality Cannot Be Assailed Before Cooperative Court; Only Revision under Section 154 with Pre-deposit....

The dispute arose from a mortgage loan advanced by a cooperative society to one Smt. Indumati Shamrao Bhokare, whose legal representatives are the appellants. Upon default, the society initiated proce...

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  • 164
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Bombay High Court Upholds Conviction of Accused in Forgery and Cheating Case for Using Forged Educational Documents to Secure Employment. Petitioner's Conviction Under Sections 420, 468, 471 IPC and Section 66 of IT Act Confirmed as Prosecution Proved Forgery Beyond Reasonable Doubt....

The petitioner, Kashinath Dattu Kalbhor, was convicted by the Judicial Magistrate, First Class, Ahmednagar on 30.6.1997 for offences under Sections 420, 468, 471 of the Indian Penal Code, 1860 and Sec...

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  • 183
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Bombay High Court Upholds Life Conviction for Murder Based on Eye Witness Testimony and Medical Evidence. Appellant's conviction under Section 302 IPC for stabbing victim on abdomen confirmed as fatal injury was intentionally inflicted....

The appellant, Vijay Ramkrushna Gaikwad, was convicted under Section 302 of the Indian Penal Code for the murder of Utkarsha Barku Pawar. The incident occurred on 8.9.2007 at about 6.30 p.m. when the ...

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  • 132
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Bombay High Court Partially Allows Appeal by Collector and Land Acquisition Officer in Land Acquisition Compensation Case — Market Value Reduced from Rs. 22,500 to Rs. 18,000 per Hectare. Sale Deeds from Nearby Villages Considered Comparable with Deduction for Distance and Lack of Development....

The case involves a land acquisition dispute where the Collector and Land Acquisition Officer appealed against the enhancement of compensation by the Reference Court. The land of the respondent (Laxma...

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  • 116
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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Disputed Liability. Complainant failed to prove legally enforceable debt as accused raised probable defence of cash payment for goods not supplied under Section 138 of Negotiable Instruments Act, 1881....

The appellant, Sheshrao Krishnarao Umredkar, proprietor of M/s Rakesh Enterprises, filed a criminal appeal challenging the judgment and order dated 29th June 2006 passed by the Judicial Magistrate, Fi...

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  • 110
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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when signature on cheque is admitted, shifting burden on accused to rebut existence of debt....

The appellant, Bapurao s/o Motiram Mankar, a senior citizen, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respondent No.1, Shri Vyankatesh Housing Agency through...

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  • 153
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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies once cheque and signature are admitted, shifting burden on accused to rebut existence of debt....

The appellant, Nitin Bapurao Mankar, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, against respondent no.1, Mangesh Govindrao Supare, proprieto...

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  • 100
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Bombay High Court Dismisses MSRTC Petition Challenging Industrial Court Order for Alternate Employment with Pay Protection. Employer's Obligation to Provide Suitable Alternate Employment Under MRTU & PULP Act Includes Pay Protection for Medically Unfit Driver....

The case involves a writ petition filed by the Maharashtra State Road Transport Corporation (MSRTC) challenging an order of the Industrial Court, Nagpur, which held the Corporation guilty of unfair la...

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  • 122
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Bombay High Court Allows Writ Petition Challenging Stamp Duty Valuation Based on Charity Commissioner's Sanctioned Price. The court held that stamp duty must be assessed on the consideration actually paid or market value on date of execution, whichever is higher, under Section 2(na) of the Bombay Stamp Act, 1958....

The petitioner, M/s. Aakash Laviesh Leisure Pvt. Ltd., was one of the tenderers for the sale of a trust property. The Charity Commissioner, by order dated 21st June 2003, accepted the petitioner's off...

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  • 117
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Bombay High Court Dismisses Petitioner's Challenge to Disqualification from Tender for Violation of Non-Compete Clause. Clause 8.31 of Licence Agreement Between GTI and JNPT Prohibited Promoters from Bidding for Competing Projects, and Subsequent Government Policy Could Not Be Read into Existing Contract....

The petitioner, APM Terminals B.V., a Dutch company, along with Container Corporation of India Ltd (CONCOR), formed a joint venture company called Gateway Terminals India Pvt. Ltd (GTI). GTI was award...

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