WRIT PETITION NO.4200 OF 2014...
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Bombay High Court
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High Court
Bombay High Court Allows Liquidator's Challenge to Execution Proceedings, Dismisses Borrowers' Challenge to Recovery Certificate in Cooperative Society Dispute. The court held that the Civil Court has no jurisdiction to execute a recovery certificate under the Maharashtra Cooperative Societies Act, 1960, and the borrowers' remedy lies under Section 103 of the Act....
The judgment involves two writ petitions arising from the same background concerning a cooperative society, 'Aamdar Balasaheb Thorat' Nagari Sahakari Pat Sanstha Ltd. The first writ petition (No. 1417...
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High Court
Bombay High Court Acquits Appellants in Murder Case Due to Unlawful Assembly Not Proved and Doubtful Identification. The court held that the prosecution failed to prove common object under Section 149 IPC and identification of accused was unreliable, leading to acquittal....
The case involves an appeal by five appellants against their conviction by the Sessions Judge, Amravati, for offences including murder under Section 302 read with Section 149 IPC, voluntarily causing ...
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High Court
Bombay High Court Allows Petitioners' Challenge to Invalid Caste Certificates for Thakur-Scheduled Tribe. Scrutiny Committee's Rejection of Pre-Constitution Documents and Prior Family Precedents Was Unsustainable....
The Petitioners, Rushikesh Madhukar Chavan (a minor through his father) and Anita Sanjay Chavan, challenged orders dated 30.12.2020 and 18.11.2020 passed by the Scheduled Tribes Caste Certificate Scru...
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High Court
Bombay High Court Upholds Life Imprisonment for Husband in Murder Case — Conviction Under Section 302 IPC Confirmed Based on Eye-Witness Testimony and Medical Evidence. The court found that the prosecution proved the appellant's guilt beyond reasonable doubt for the murder of his wife by inflicting multiple blows with an iron tocha....
The appellant, Sunil Ramchandra Khobragade, was convicted by the Additional Sessions Judge, Warora, for the murder of his wife Nirasha under Section 302 IPC and for causing hurt to Rahul under Section...
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High Court
Bombay High Court Allows Writ Petition for De-reservation of Land Under MRTP Act — Failure to Acquire Within Ten Years. Petitioners entitled to de-reservation of land reserved for public purpose as acquisition proceedings were not completed within the statutory period under Section 127 of the Maharashtra Regional and Town Planning Act, 1966....
The petitioners, legal heirs of the original owner Madhavrao Bhagwatrao Rajebahadur, filed a writ petition under Article 226 of the Constitution of India seeking a direction to delete and de-reserve t...
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High Court
Bombay High Court Allows Petition of Directly Elected Sarpanch Challenging No-Confidence Motion — Motion by Gram Sabha Invalid Under Section 35 of Maharashtra Village Panchayats Act, 1958. Directly Elected Sarpanch Under Section 30A-1A Cannot Be Removed by Gram Sabha; Only Voters Who Elected Him Can Pass No-Confidence Motion....
The petitioner, Amol Pandurang Godbole, was directly elected as Sarpanch of Village Panchayat Balirampur in the 2017 general election, a post reserved for Scheduled Caste, under the newly introduced S...
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High Court
Bombay High Court Dismisses Summary Judgment Application by ITC in Copyright and Passing Off Suit — Plaintiff's Claims Not Frivolous or Vexatious, Require Trial. The court held that the test for summary judgment under Order XIII-A CPC is stringent and that triable issues existed regarding copyright subsistence and passing off....
The present Interim Application was filed by the Defendant, Indian Tobacco Company (ITC), seeking dismissal of the Plaintiff's claims for copyright infringement and passing off under Order XIII-A of t...
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High Court
Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Upheld. No substantial question of law arose as the first appellate court's findings were based on evidence and not perverse under Section 100 CPC....
The present second appeal was filed by the original defendants against the judgment and decree passed by the first appellate court, which had confirmed the trial court's decree in favor of the origina...
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High Court
Bombay High Court Allows Writ Petition for Pensionary Benefits of Retired Lecturer Under Maharashtra Pension Rules. Petitioner entitled to regular pension, gratuity, commutation, and leave encashment with interest for 30 years 1 month of service in aided colleges....
The petitioner, Dr. (Mrs.) Parvathi Venkatesh, a retired lecturer aged about 60 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a writ ...
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