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WRIT PETITION NO.5186 OF 2001

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Bombay High Court Quashes FIR and Chargesheet in Environment Protection Act Case Due to Lack of Sanction and Cognizance Error. The court held that the Magistrate failed to apply mind and sanction was not validly obtained, rendering the proceedings an abuse of process.

The applicants filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.3 of 2012 registered ...

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Bombay High Court Dismisses Petition Seeking De-Registration of Cooperative Housing Society Registered 45 Years Ago. Court holds that post-registration events cannot be grounds for de-registration under the Maharashtra Co-operative Societies Act, 1960.

The case involves a rather unusual circumstance where the director of the Petitioner-company has sued himself in connection with proceedings for de-re...

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Bombay High Court Allows Writ Petition in Cooperative Housing Dispute — Upholds Cooperative Court's Order for Transfer of Flat. Transfer of share and interest in a tenant co-partnership society requires compliance with by-laws and rules; society cannot refuse transfer without valid reason.

The Petitioner, Smt. Geeta Narayan Parvati, was a lecturer and member of Respondent No.2 Society, a tenant co-partnership society registered under the...

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Bombay High Court Dismisses Writ Petitions Challenging Refusal of Leave Under Order 1 Rule 8 CPC After Evidence in Representative Suit. Court Holds That Leave Must Be Obtained Before Institution and Defect of Capacity Cannot Be Cured Retrospectively at Stage of Final Arguments.

The dispute arose from two suits filed by the petitioner, a cooperative society, in a representative capacity under Order I Rule 8 of the Code of Civi...

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Bombay High Court Acquits Appellant in Corruption Case Due to Lack of Evidence of Criminal Misconduct. Conviction under Section 5(2) read with Section 5(1)(d) of Prevention of Corruption Act, 1947 set aside as prosecution failed to prove abuse of official position or pecuniary advantage.

The appellant, Waman Somaji Burde, was the District Deputy Registrar (Cooperative Societies) in Nagpur from 1 July 1985 to 13 May 1987. He was prosecu...

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Bombay High Court Partially Sets Aside Arbitral Award in Shareholder Dispute Over Hotel Company Exit — Holds That Arbitrator Exceeded Jurisdiction by Granting Relief Beyond Scope of Reference and Without Proper Valuation.

The judgment pertains to two Commercial Arbitration Petitions arising from an arbitral award dated 5th April 2016. The petitioners (Panchamias Group a...