Bombay High Court

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Bombay High Court Quashes FIR Against Employees in Cheque Dishonour Case Due to Lack of Specific Allegations — Directors and Employees Not Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Active Role in Transaction....

The judgment pertains to two criminal writ petitions filed by employees and directors of a company seeking quashing of an FIR registered under Section 138 of the Negotiable Instruments Act, 1881, read...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable....

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against orders appointing a Court Receiver over their proper...

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Bombay High Court Allows Wife's Appeal Against Nullity Decree in Hindu Marriage Act Case — Marriage Not Void Ab Initio as Husband Failed to Prove Prior Subsisting Marriage. Court Holds That Section 11 Requires Proof of Valid Prior Marriage, Not Mere Suppression of Past Relationship....

The appellant-wife challenged the judgment and decree dated 29 October 2021 passed by the Family Court, Thane, in Petition No. A-192 of 2017, which declared her marriage with the respondent-husband as...

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Bombay High Court Allows Appeal Against Trial Court's Refusal to Deliver Judgment in Suit for Declaration of Share Under Muslim Personal Law. Trial Court Directed to Decide Suit on Merits Within Three Months....

The appellants-plaintiffs filed a suit in the City Civil Court, Mumbai, seeking a declaration of their ½ share in the assets of a deceased person under Muslim Personal Law. The suit was contested by ...

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Bombay High Court Allows Liquidator's Petition Against Service Tax Demand on Deemed Sale Transaction. VAT Already Levied on Same Transaction Under MVAT Act Precludes Service Tax Under Finance Act, 1994....

The petitioner, Nayana Premji Savala, as Liquidator of Swire Oilfield Services India Private Limited (company in liquidation), filed a writ petition challenging an order dated 31 January 2022 passed b...

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Bombay High Court Allows Widow's Petition for Family Pension Despite Non-Recording in Service Book. Compromise Decree Declaring Her as Legal Wife Is Binding on Pension Authorities Under Maharashtra Civil Services (Pension) Rules, 1982....

The petitioner, Bharti wd/o Gorakhnath Gaikwad, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Bench at Aurangabad. She sought directions a...

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Bombay High Court Dismisses Writ Petition Seeking Promotion to Director (Legal) Post in Maharashtra Electricity Regulatory Commission — Petitioner Not Entitled to Automatic Promotion Despite Holding Additional Charge....

The petitioner, Anilkumar S/o Rupchand Ukey, was the Deputy Director (Legal) of the Maharashtra Electricity Regulatory Commission (the Commission) since 2nd July 2012 and had been holding additional c...

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Bombay High Court Allows Writ Petitions Challenging Rejection of Objections to Nomination in Cooperative Society Elections. Held that the Returning Officer must decide objections on merits and cannot reject them on the ground that the objector is not a candidate....

The petitioner, Shivaji Bapurao Raut, a member of the Vividh Karyakari Seva Sahakari Sanstha Marya., Ardhamasala, challenged the rejection of his objections to the acceptance of nominations of respond...

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Bombay High Court Allows Sarpanch's Petition Challenging Disqualification for Failure to Convene Monthly Meeting. Non-Convening of Meeting Due to Absence of Village Development Officer on Medical Leave Constitutes Reasonable Cause Under Section 39 of Maharashtra Village Panchayats Act, 1959....

The petitioner, Pundalik Tulshiram Sapkale, was the Sarpanch of Grampanchayat Kanalda. He was disqualified by the District Collector, Jalgaon, vide order dated 12.09.2022 in Dispute Application No. 66...