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Bombay High Court Dismisses Husband's Application for Perjury Proceedings Against Wife in Family Court Appeal. False statements in pleadings alone do not warrant prosecution under Section 340 Cr.P.C. without proof of intentional falsehood and necessity for prosecution.

The applicant, Dr. Santosh Chandrashekar Shetty (husband), filed a Civil Application under Section 340 of the Code of Criminal Procedure, 1973, seekin...

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Bombay High Court Dismisses Petition of Slum Dweller for Profiteering from Slum Rehabilitation Tenement. Illegal Transfer and Commercial Use of Residential Premises Under Maharashtra Slum Areas Act, 1971 Upheld Eviction.

The petitioner, Rajendra R. Vishwakarma, was a slum dweller who received tenement no. 104 in 'A' wing of New Prabhat Cooperative Housing Society Ltd, ...

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Bombay High Court Dismisses Petition for Impounding of Document in Specific Performance Suit — No Objection Raised at Time of Exhibition. Court holds that once a document is exhibited without objection, it cannot be impounded under Section 33 of the Maharashtra Stamp Act, 1958 at a later stage.

The petitioner, defendant No.4 in Special Civil Suit No.167 of 2012, filed a writ petition challenging the order dated 24.01.2019 passed by the 8th Jo...

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Bombay High Court Allows Refund of Court Fees in Suit Settled by Consent Terms. The phrase 'claim for repayment' in Section 43(1) proviso of Maharashtra Court Fees Act, 1959 refers to the application to the court for refund order, not the subsequent certificate application.

The suit was filed in 2014 by Bai Mamubai Bhimji Bhanji Trust and others against Neelkanth Mansions & Infrastructure Pvt Ltd. On 28 October 2014, the ...

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Bombay High Court Dismisses Employer's Petition Challenging Industrial Court Order Setting Aside Cancellation of Promotion and Withdrawal of ACP Benefits. Employer's Action of Cancelling Promotion Without Hearing Employee Held to be Unfair Labour Practice Under MRTU & PULP Act, 1971.

The petitioners, Maharashtra Jeevan Pradhikaran and another, challenged the order dated 12/10/2009 passed by the Industrial Court, Thane, which allowe...

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Bombay High Court Allows Writ Petition Challenging Withdrawal of Teacher's Approval. Education Officer Cannot Review Own Order Without Statutory Power or Fraud.

The petitioner, a teacher, challenged the order of the Education Officer dated 7 August 2014 withdrawing the approval granted to him on 19 October 201...

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High Court of Bombay Allows Writ Petition Challenging DRT Order on Condonation of Delay in Review Application — Limitation for Review Under Section 17 of Recovery of Debts and Bankruptcy Act, 1993 Governed by Section 5 of Limitation Act, 1963.

The Petitioner, MSTC Limited, a Government of India Enterprise, filed a Writ Petition under Article 226 of the Constitution of India challenging an or...

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Bombay High Court Quashes Disciplinary Proceedings Against Retired Judicial Officer Initiated After Acceptance of Voluntary Retirement. Disciplinary proceedings initiated after acceptance of voluntary retirement are without jurisdiction as the employer-employee relationship ceases upon retirement.

The petitioner, a retired District Judge, challenged the initiation and continuation of disciplinary proceedings against her after her request for vol...

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Bombay High Court Allows Cross Appeals in Part in Arbitration Dispute Over Interim Measures Under Section 9 of the Arbitration and Conciliation Act, 1996. The Court Clarifies That an Award Creditor Can Seek Interim Relief During Section 34 Proceedings to Secure the Award Amount.

The case involves cross appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a common order dated 1 July 2019 passed by...